A federal judge has referred Philadelphia District Attorney Larry Krasner and one of his top assistants to federal prosecutors for an investigation into whether they committed crimes. The referral, issued Tuesday by U.S. District Judge Paul S. Diamond, pertains to their oversight of a convicted murderer’s post-conviction case. Judge Diamond also disqualified Krasner and Assistant District Attorney Matthew Stiegler from any further participation in the ongoing legal proceedings involving Dennis Johnson.
"I have thus reluctantly concluded that Philadelphia’s highest law enforcement official and one of his top assistants may have violated the law." U.S. District Judge Paul S. Diamond
The judge stated that evidence presented during evidentiary hearings raised serious questions about whether Krasner or Stiegler engaged in perjury, conspiracy, or obstruction of justice. In his written order, Judge Diamond expressed his reluctant conclusion, stating, "I have thus reluctantly concluded that Philadelphia’s highest law enforcement official and one of his top assistants may have violated the law." The referral directs Krasner, Stiegler, and the district attorney’s office to the U.S. Attorney’s Office for the Eastern District of Pennsylvania for "investigation and other appropriate action."
It is important to note that this referral does not constitute a criminal charge, nor does it establish that either official has committed a crime. Federal prosecutors will now independently decide whether to initiate an investigation, seek additional evidence, or pursue charges. As of Wednesday, the U.S. Attorney’s Office has declined to comment on the matter, according to CBS News.
In response to the referral and Judge Diamond’s findings, District Attorney Krasner stated that he "respectfully and vigorously" disagreed with the conclusions. He announced plans to appeal the decision when legally permitted. Krasner further commented, "This remains a pending matter, which limits for now my and my office’s ability to respond in the media." Assistant District Attorney Matthew Stiegler has not yet provided a public response to the allegations.
The dispute at the heart of this referral originated from the case of Dennis Johnson, who was convicted in 2009 of second-degree murder for the 2007 killing of Kenyatta Smith during a robbery. Johnson was sentenced to life in prison without parole. He later sought to overturn his conviction, arguing that his trial attorney had provided ineffective assistance.
In 2022, Philadelphia prosecutors filed a document stating that Johnson was entitled to federal habeas relief and that his conviction should be overturned. However, prosecutors reviewing the case earlier this year reportedly identified what they considered significant errors in that position and subsequently sought to withdraw the office’s earlier recommendation.
Internal disagreements within the district attorney’s office then surfaced regarding how to proceed and whether potential conflicts of interest necessitated transferring the case to the Pennsylvania Attorney General’s Office. According to reports from the Philadelphia Inquirer, four prosecutors testified that they had recommended transferring the case due to possible conflicts involving Stiegler. Judge Diamond’s order indicates that Krasner allegedly rejected this proposal, asserting that the office needed to remain involved to "protect the office."
Furthermore, Judge Diamond wrote that employees accused Krasner of urging staff members to provide false information, protect Stiegler, and shift blame to a subordinate. Staff members also testified that Krasner allegedly threatened "consequences" if they did not follow his instructions. Judge Diamond characterized the alleged conduct as "troubling" and "disturbing."
Krasner’s office has previously disputed claims of improper conduct, arguing in prior court filings that his decisions were legally appropriate and aimed at ensuring the competent handling of the case. His office also maintained that Krasner consulted outside legal experts and engaged an independent attorney to represent its position. Krasner’s attorneys contended that the ultimate decision regarding whether to transfer the matter rested with him as Philadelphia’s elected chief prosecutor.
Dennis Johnson’s petition to overturn his conviction remains unresolved and is currently on hold. Judge Diamond ruled that the district attorney’s office may continue participating in the case through other prosecutors, though Krasner and Stiegler are explicitly barred from involvement. The referral now places the critical decision regarding any potential criminal investigation in the hands of federal prosecutors, marking a significant development in the scrutiny of a prominent local law enforcement official.
