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Culture War Roundup for the week of September 14, 2026

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Remember this comment I made about Philadelphia prosecutor (district attorney) Larry Krasner back in June? The situation has escalated.

  • A person is charged with a 2007 murder. In 2009 he is convicted, and in 2010 he is sentenced to life in prison. In 2015, his state habeas petition is rejected.

  • Also in 2015, he files a federal habeas petition. The Philadelphia prosecutor's office resists the petition in 2017, but in 2018 Krasner is elected as prosecutor, and in 2019 the prosecutor's office stops resisting. However, the federal proceedings are stayed until the defendant's second state habeas petition has finished being digested by the state judicial system.

  • In 2022, the federal proceedings finally start up again. Krasner's office concedes that the defendant's trial lawyer was ineffective for failing to object to a detective's hearsay statement (that a non-testifying witness told the detective that the defendant was the shooter). Since the proceeding no longer is adversarial, the judge invites the state prosecutor (attorney general) to intervene as amicus curiae.

  • In 2026, Krasner's office moves to withdraw its concession because the document contains "material misstatements". The judge investigates. I'm not sure that I'm summarizing the sequence of events correctly, but I think it's something like this:

    • (1) Matthew Stiegler, chief of the office's Conviction Integrity Unit (so presumably a direct subordinate of Krasner), looks at the case with the aid of the Innocence Project and the Defender Association of Philadelphia, and decides that it should be conceded.

    • (2) He intentionally assigns the job of "writing" the concession—in reality, just copying-and-pasting whatever Innocence Project and Defender Association say, and not bothering to talk with the relevant witnesses—to inexperienced assistant prosecutor Jaclyn Mason.

    • (3) After reading the concession document, the judge doesn't just swallow it, but instead demands a hearing to get sworn testimony from the relevant witnesses. This prompts a "panic" in the prosecutor's office.

    • (4) Four assistant prosecutors go over the concession document again and find many "misstatements" (lies) in it. The four recognize that this is all Stiegler's/Krasner's fault, but Mason misinterprets them as assigning the blame to her, and submits her resignation to Krasner.

    • (5) Krasner's chief of staff Jennifer Lin directs Mason to stop working immediately rather than staying until the end of the month, in order to make her resignation seem inculpatory to the judge.

    • (6) Judge-written heading: "Stiegler Schemes to Blame Mason". However, the four assistant prosecutors refuse to do this, and insist that this misconduct be referred to the state prosecutor. Krasner wants to "protect the office".

    • (7) The four assistant prosecutors finally submit to the judge a document stating that Krasner, along with the entire prosecutor's office, has a conflict of interest and should be disqualified from participating in the case.

  • The judge doesn't like this rigmarole one bit.

The credible evidence is tantamount to a prima facie showing of conduct that may constitute false statements, false declarations made under oath, perjury, obstruction of justice, and conspiracy.

I have thus reluctantly concluded that Philadelphia's highest law enforcement official and one of his top assistants may have violated the law. In these circumstances, with the issuance of this Memorandum, I refer the DAO, Mr. Krasner, and Stiegler to this District's United States Attorney's Office for investigation and other appropriate action.

It appears that in attempting to impede the Court's hearing and inquiry into the DAO’s conduct in Johnson, Mr. Krasner, aided by Stiegler, put the Law Division supervisors in an impossible situation that might jeopardize them professionally and may have violated the law. Mr. Krasner and Stiegler have thus created a basis for their disqualification from Johnson and their referral to the Department of Justice.

(The judge was appointed by a Republican president, and was himself a Philadelphia assistant prosecutor in the 1977–1979 and 1981–1983 periods.)

I understand his counsel may have been ineffective and there's been some subsequent drama in the DAO.

What's the likelihood Johnson is guilty? Any other suspects in the Smith murder?

his counsel may have been ineffective

Quote from the judge's opinion, summarizing the prosecutors' testimony:

On May 13, the Four and Mason met to prepare for the hearing I had ordered, dividing various responsibilities. Ernst reviewed the record and analyzed all eleven of Johnson's Section 2254 claims in a memorandum she sent to Mason and the other supervisors. Ernst concluded that most of the claims were “flat-out losers”, but that the ineffectiveness claim might be plausible. Ernst subsequently determined, however, that the ineffectiveness claim “was not a winning claim”, and that the Concession Brief included “very significant errors”. Wildberger also concluded that the errors were significant, and that the DAO had a duty to correct them.

So even prosecutors motivated to get the defendant's conviction overturned don't think that his lawyer was ineffective.

What's the likelihood Johnson is guilty? Any other suspects in the Smith murder?

I have no idea. See somebody else's comment for some more information.