Larry Krasner Explained

Larry Krasner
Order:26th District Attorney of Philadelphia
Term Start:January 1, 2018
Predecessor:Kelley B. Hodge (Acting)
Birth Name:Lawrence Samuel Krasner
Birth Date:30 March 1961
Birth Place:St. Louis, Missouri, U.S.
Party:Democratic
Spouse:Lisa Rau
Education:University of Chicago (BA)
Stanford University (JD)

Lawrence Samuel Krasner[1] (born March 30, 1961) is an American lawyer who is the 26th District Attorney of Philadelphia.[2] Elected to the position in 2017, Krasner was one of the first in the United States to run as a self-described "progressive prosecutor".[3] He campaigned on a platform to reform elements of the criminal justice system, including reduced incarceration.

During his tenure as DA, Krasner has sought to spearhead criminal justice reform. His policies include ending criminal charges against those caught with marijuana possession, ending cash bail for those accused of some misdemeanors and nonviolent felonies, reducing supervision for parolees, and seeking more lenient sentences for certain crimes.[4] During his time in office, he has advocated for greater police accountability and pursued police misconduct.[5] Penguin Random House published Krasner's memoir, For the People: A Story of Justice and Power, in 2021.[6]

In 2022, Krasner was impeached by the Pennsylvania House of Representatives on multiple counts; several were for various alleged "dereliction[s] of duty" and "misbehavior[s] in office", and another was for attempting to obstruct the legislative probe that sought to impeach him. An impeachment trial was scheduled to take place in the Pennsylvania Senate, but was indefinitely postponed. The following day, the Commonwealth Court of Pennsylvania opined that none of the alleged derelictions or misbehaviors were impeachable offenses.

Early life and education

Krasner was born in St. Louis in 1961.[7] His father, William Krasner, was the son of Russian Jewish immigrants, an author of crime fiction, and his mother, Juanita Frazier, was an evangelical Christian minister.[8] His family moved to the Philadelphia area while he was still attending public school.[7] He graduated from Conestoga High School in 1979.[9]

Krasner graduated from the University of Chicago in 1983.[10] He graduated from Stanford Law School in 1987.[7]

Career

After graduation and passing the bar, Krasner returned to Philadelphia to work for the Federal Public Defender's Office.[7] He opened his own law firm in 1993[2] and worked as a criminal defense lawyer in Philadelphia for 30 years,[11] specializing in civil rights,[12] and frequently representing protestors pro bono.[11]

Krasner's representation of Black Lives Matter and Occupy Philadelphia members led many to call him an "anti-establishment" candidate during his 2017 primary campaign for the Democratic nomination.[13] [14] He campaigned against existing policies that had resulted in disproportionately high numbers of minority males being jailed and proposed other reforms in criminal justice.[15] Krasner was a featured speaker at the 2017 People's Summit.[16]

Philadelphia District Attorney

Election

Philadelphia district attorney R. Seth Williams announced in February 2017 that he would not run for reelection.[17] Williams resigned from office and pleaded guilty to federal bribery charges in June 2017; his interim replacement, Kathleen Martin, chose not to run.[18]

Shortly before Krasner announced his candidacy, John McNesby, president of Lodge 5 of the Philadelphia Fraternal Order of Police, derided Krasner's intention to enter the race as "hilarious." McNesby opposed Krasner's promise to refuse to prosecute defendants whose detainments were illegally performed so arresting officers could earn overtime pay as well as his history of suing police officers who perpetrated corruption and brutality. Less than three weeks before the primary, a political action committee supporting Krasner's campaign received a $1.45 million contribution from billionaire George Soros.[19]

Krasner won the May 16, 2017 Democratic primary with 38% of the vote, defeating former city and federal prosecutor Joe Khan, former Philadelphia Managing Director Rich Negrin, former First Assistant District Attorney Tariq El-Shabazz, former prosecutor Michael Untermeyer, former prosecutor Jack O'Neill, and former Municipal Court Judge Teresa Carr Deni.[20] [21] [22] City officials reported voter turnout spiked nearly 50 percent compared to 2009, which was the last contested race for district attorney of Philadelphia.[23] The primary was widely seen as a proxy election; the winner of the Democratic primary election is the presumptive victor of the general election since Philadelphia has almost seven times as many registered Democrats as registered Republicans.[15] [24] [25] As expected, the November general election was not competitive, with Krasner winning almost three times as many votes as his Republican opponent, former assistant district attorney Beth Grossman.[26]

Tenure

In his first week in office, Krasner fired 31 prosecutors from the District Attorney's Office, including both junior and career supervisory staff. Those fired represented nearly a 10% reduction in the number of Philadelphia assistant district attorneys.[27] [28]

In February 2018, Krasner announced that law enforcement would no longer pursue criminal charges against those caught with marijuana possession.[29] That same month, Krasner instructed prosecutors to stop seeking cash bail for those accused of some misdemeanors and nonviolent felonies.[30] Krasner said that it was unfair to keep people in detention simply because they could not afford bail.

Krasner also announced that the DA's office had filed a lawsuit against a number of pharmaceutical companies for their role in the city's opioid epidemic. Krasner instructed prosecutors to stop charging sex workers who had fewer than three convictions.[31]

In March 2018, it was reported that Krasner's staffers were working on creating a sentence review unit to review past cases and sentences and to seek resentencing in cases when individuals were given unduly harsh punishments.[32] That same month, Krasner instructed prosecutors to reduce sentence lengths to defendants making pleas, refuse to bring certain low-level charges, and publicly explain their reasoning for pursuing expensive incarcerations to taxpayers footing the bills.[33] He said,

"Fiscal responsibility is a justice issue, and it is an urgent justice issue. A dollar spent on incarceration should be worth it. Otherwise, that dollar may be better spent on addiction treatment, on public education, on policing and on other types of activity that make us all safer."[34]

In 2018, some judges rejected the reduced sentences which Krasner's prosecutors had sought for juveniles who had previously been sentenced to life in prison.[35]

In 2019, Krasner filed a motion in the Supreme Court of Pennsylvania to declare capital punishment in Pennsylvania unconstitutional. He claimed the death penalty was illegal in the state because of the ban on cruel and unusual punishment in the Pennsylvania Constitution, citing the high turnover rates of convictions by appeals, the racially biased number of sentences given to black and Hispanic defendants, and the large number of convictions overturned due to ineffective counsel.[36]

Following the fatal shooting of Philadelphia police officer James O'Connor IV, Krasner faced criticism from William McSwain, a federal prosecutor appointed by Donald Trump. McSwain, U.S. Attorney for the Eastern District of Pennsylvania, blamed the shooting on a prosecutorial discretion decision by Krasner's office to drop drug charges against suspected killer Hassan Elliott. While on probation for a gun possession charge, Elliott was arrested again on January 29, 2019, for cocaine possession and was released on his own recognizance. Nearly a week later on February 6, Elliott took part in the fatal shooting of Tyrone Tyree. Krasner's office dropped drug charges after Elliott failed to appear in court, choosing to approve an arrest warrant for Tyree's murder instead.[37] On March 13, as part of a SWAT unit carrying out an arrest warrant, O'Connor was fatally shot and Elliott was charged. Prosecutor spokeswoman Jane Roh responded to criticism by stating that the office believed murder to be a more serious crime than drug possession and charged Elliott accordingly.[38] On the night of O'Connor's death, Philadelphia police officers formed a human chain at Temple University Hospital entrance to prevent Krasner from entering.[38]

As of April 2022, Krasner's Conviction Integrity Unit had exonerated 25 people convicted under previous DAs.[39]

In September 2021, Krasner started an Alternative Felony Diversion program for people charged with illegal possession of firearms. In 2024 it was reported that the program was associated with a 76 percent reduction in re-arrests.

He was featured in the 2021 documentary series Philly D.A. which won a prestigious Peabody Award in June 2022 for "crafting a thrilling series that's both broad and intimate about a man and a movement, capturing what happens when incrementalists meet their match in Big Idea thinkers who want to be doers."[40]

Pursuing police misconduct

During his time in office, he has aggressively pursued police misconduct. In June 2018, Krasner called for the compiling of a comprehensive list of police officers who had lied while on duty, used excessive force, racially profiled, or violated civil rights, an unprecedented move in order to spotlight dishonest police officers and check their future courtroom testimony.[41]

In July 2020, Krasner's office charged Philadelphia SWAT officer Richard P. Nicoletti with simple assault, reckless endangerment, official oppression, and possession of an instrument of crime. Video footage taken during the George Floyd protests showed that Nicoletti pepper sprayed three kneeling protesters. He pulled down the mask of one woman before spraying her in the face, sprayed another woman at point blank range, and sprayed a man numerous times in the face while he lay on the ground.[42]

2021 re-election campaign

In his 2021 re-election campaign, Krasner faced Carlos Vega in the Democratic primary.[43] Vega was fired by Krasner from the Philadelphia DA office when Krasner began implementing reforms within the office. Vega, as a prosecutor, was involved in retrying Anthony Wright on rape and murder charges even after DNA evidence showed another man committed the crime.

In the lead-up to his 2021 re-election campaign, the Philadelphia police union instructed its members to switch party affiliation to the Democratic party so that they could vote for Krasner's opponent in the Democratic primary.[44] The top spender in the campaign was a political action committee formed by retired cops.[45] During the campaign, Krasner's opponents argued that his criminal justice reform policies had contributed to an increase in violent crime, however some experts say there is no evidence to substantiate this claim.[46]

On May 18 the Associated Press called the race for Krasner, leading 65% to 35% with 22% of the votes counted.[47] Krasner's victory was considered to be likely due to his strong support from predominantly African-American wards and continued support from progressive activist groups.[47]

Reactions by the Legislature

Krasner's progressive policies have caused the Pennsylvania General Assembly to take steps to divert Krasner's authority to prosecute crime in Philadelphia to other officials.[48] In 2019, the legislature passed a bill that established concurrent-jurisdiction between the District Attorney's Office and the Pennsylvania Attorney General to prosecute gun crimes in Philadelphia.[49] In 2023, the legislature passed another bill to establish a separate office to prosecute crimes committed on Philadelphia's public transit system, SEPTA.

Impeachment

In June 2022, the Pennsylvania House of Representatives voted to form the Select Committee on Restoring Law and Order. The vote was 114 in favor and 86 opposed, and was largely along party lines (with all but one Republican voting in favor of it, and all but four Democrats, three from Philadelphia, voting against). The committee was tasked with investigating the possibility of impeachment for Krasner's "dereliction of duty" in handling Philadelphia's gun violence crisis. In August 2022, Krasner was subpoenaed by the committee but said that his office would not comply with the subpoena which he claimed was "wholly illegitimate".[50] [51] [52] He subsequently filed a petition with the Commonwealth Court of Pennsylvania to halt the select committee's impeachment probe.[53] In September, the Pennsylvania House voted to find Krasner in contempt for defying the committee's subpoena for documents related to his prosecutorial policies.[54] Following the contempt vote, Krasner partially complied with the subpoena and provided the committee with "a number of documents",[55] however some of the documents provided were already publicly available online, according to The Philadelphia Inquirer.[56] On October 6, Krasner filed an additional petition with the Commonwealth Court to invalidate the subpoena.[57]

On October 26, articles of impeachment were filed against Krasner charging him with "misbehavior in office" and attempting to obstruct the select committee's investigation into him. The articles of impeachment were approved by the House Judiciary Committee in a party-line vote on November 15.[58] [59] [60] The next day, Krasner was impeached by the State House in a 107-85 vote; one Republican and all Democratic members of the House voted against a total of seven articles of impeachment. He was the first person to be impeached by the Pennsylvania House of Representatives since state Supreme Court Justice Rolf Larsen in 1994.[61] [62]

On December 30, 2022, Judge Ellen Ceisler of the Pennsylvania Commonwealth Court issued a court order saying that Krasner's official actions in office did not meet the requirements by the state's constitution for impeachment.[63] Following the court order, the Pennsylvania State Senate voted on January 11, 2023, to indefinitely postpone the impeachment trial which was originally scheduled for January 18.[64] A day after the vote to indefinitely postpone, the full Commonwealth Court issued a split decision in which the majority of justices agreed with Ceisler's December 30 court order.[65]

See also

Further reading

Notes and References

  1. Web site: Legislative Journal - House. SESSION OF 2022 206TH OF THE GENERAL ASSEMBLY No. 53 . Pennsylvania General Assembly . 21 June 2023 . 7 . November 30, 2022.
  2. Larry Krasner's Campaign to End Mass Incarceration. The New Yorker. October 24, 2018. en-US.
  3. News: Cohen . Rachel M. . Philadelphia elected a progressive prosecutor twice. The state government wants to fire him anyway. . 6 October 2022 . Vox . October 5, 2022.
  4. Web site: Philly DA Larry Krasner: We took on mass incarceration. Now we're addressing mass supervision.. Melamed. Samantha. The Philadelphia Inquirer. March 21, 2019. en-US. April 7, 2019.
  5. News: He Sued Police 75 Times. Democrats Want Him as Philadelphia's Top Prosecutor.. Feuer. Alan. June 17, 2017. The New York Times. April 7, 2019. en-US. 0362-4331.
  6. Book: Krasner, Larry . For the People: A Story of Justice and Power . 2021-04-20 . Random House Publishing Group . 978-0-593-13292-0 . en.
  7. Web site: Meet Larry. Larry Krasner for Philadelphia District Attorney. May 17, 2017.
  8. News: Civil rights attorney Larry Krasner: DA's Office is 'off the rails'. Terruso. Julia. May 12, 2017. The Philadelphia Inquirer. May 20, 2017.
  9. Web site: Conestoga High School Yearbook .
  10. https://magazine.uchicago.edu/9904/html/news80.htm Class Notes: Larry Krasner
  11. Web site: Meet Philadelphia's Progressive Candidate for DA: An Interview With Larry Krasner. Alice. Speri. The Intercept. May 17, 2017. May 17, 2017.
  12. Web site: Civil rights attorney Larry Krasner: DA's Office is 'off the rails'. The Philadelphia Inquirer. May 4, 2017. Terruso. Julie. May 17, 2017.
  13. Web site: 2017 Pennsylvania Primary Election Roundup: Who won and lost. The Philadelphia Inquirer. Rowan. Tommy. Babay. Emily. May 17, 2017. May 17, 2017.
  14. Web site: Bunch . Will . This wasn't just a primary victory. This was a revolution . 2023-05-13 . . May 16, 2017 . en.
  15. Web site: Philadelphia just set the national example in the fight against mass incarceration. Vox. Lopez. German. May 17, 2017. May 17, 2017.
  16. News: Weigel. David. Other lessons from the People's Summit. The Washington Post. June 12, 2017. June 14, 2017.
  17. News: Salisbury . Greg . Feb 10, 2017 . Philly DA Seth Williams won't run for re-election . https://web.archive.org/web/20211128074910/https://www.cityandstatepa.com/content/philly-da-seth-williams-won%E2%80%99t-run-re-election . November 28, 2021 . 2023-05-13 . City & State Pennsylvania.
  18. News: Hurdle . Jon . 2017-06-29 . Philadelphia District Attorney Pleads Guilty to Bribery and Resigns . en-US . The New York Times . 2023-05-13 . 0362-4331.
  19. News: $1.45 million Soros investment in Philly DA's race draws heat for Krasner . Chris . Brennan . . May 5, 2017 . January 11, 2020.
  20. Web site: Enthusiastic Democrats Lead Anti-Establishment DA Candidate To Victory. Bobby. Allyn. NPR.org. May 17, 2017.
  21. Web site: Terruso . Julia . Brennan . Chris . 2017-05-16 . Krasner declared winner of Democratic primary for DA in Philly . 2023-05-13 . Philadelphia Inquirer . en.
  22. Web site: 2017-08-23 . Additional Election Results Data . 2023-05-13 . https://web.archive.org/web/20170823151644/https://www.philadelphiavotes.com/en/resources-a-data/ballot-box-app/additional-election-results-data . August 23, 2017 .
  23. Web site: Major increase in Philly voter turnout propels Larry Krasner to victory. Mark. Dent. Billy Penn. May 17, 2017 . June 30, 2017.
  24. Web site: 2017-09-20 . Republicans are officially the least-registered political party in Philadelphia . 2023-05-13 . PhillyVoice . english.
  25. Web site: Otterbein . Holly . 2017-09-15 . In Philly, Independents and Third-Party Voters Now Outnumber Republicans . 2023-05-13 . Philadelphia Magazine . en-US.
  26. Web site: Whelan . Aubrey . Brennan . Chris . Larry Krasner wins race for Philly DA . 2023-05-13 . . November 7, 2017 . en.
  27. Web site: Chris. Palmer. Julie. Shaw. Mensah M.. Dean. Krasner dismisses 31 from Philly DA's Office in dramatic first-week shakeup. The Philadelphia Inquirer. January 5, 2018.
  28. Web site: Ryan. Briggs. Max. Marin. Leaked list shows Krasner firings targeted top staff, "Porngate" prosecutors. Philadelphia Weekly. January 5, 2018. https://web.archive.org/web/20180106005849/http://www.philadelphiaweekly.com/news/leaked-list-shows-krasner-firings-targeted-top-staff-porngate-prosecutors/article_960fda64-f271-11e7-b901-2f37b4f5508e.html. dead. January 6, 2018.
  29. News: Larry Krasner Sues Big Pharma, Drops All Marijuana Possession Charges. February 16, 2018. Philadelphia Magazine. February 17, 2018. en-US.
  30. News: Philly DA Larry Krasner won't seek cash bail in certain crimes. Philly.com. March 21, 2018.
  31. Web site: Philadelphia DA Larry Krasner Promised a Criminal Justice Revolution. He's Exceeding Expectations.. King. Shaun. March 20, 2018. The Intercept. en-US. March 23, 2018.
  32. News: The DAs Who Want to Set the Guilty Free. The Marshall Project. March 21, 2018.
  33. News: In latest edict, Philly DA Larry Krasner tells prosecutors to seek lighter sentences, estimate costs of incarceration. Philly.com. April 12, 2018.
  34. News: Philly DA wants prison costs included as judge calculates offender's debt to society. whyy.org. April 12, 2018.
  35. News: Philly judges block DA Krasner's deals for juvenile lifers. Philly.com. April 9, 2018.
  36. Web site: Larry Krasner says that Pennsylvania death penalty is unconstitutional. Lacy. Akela. The Intercept. July 15, 2019. September 17, 2019.
  37. Web site: U.S. Attorney William McSwain slams DA Larry Krasner over fatal shooting of Cpl. James O'Connor IV. Shaw. Julie. Palmer. Chris. Philadelphia Inquirer. March 16, 2020. March 23, 2020.
  38. Web site: Palmer. Chris. Shaw. Julie. Dean. Mensah M.. Philly SWAT officer, 46, is fatally shot while trying to serve a warrant in Frankford. Philadelphia Inquirer. March 14, 2020. March 23, 2020.
  39. Web site: Exonerations - PhilaDAO Data Dashboard . 2022-06-02 . data.philadao.com.
  40. Web site: Philly D.A. . 2022-06-08 . The Peabody Awards . en-US.
  41. News: Philly DA Larry Krasner seeking to develop comprehensive list of tainted cops. Philly.com. June 6, 2018.
  42. Web site: Rushing. Chris Palmer, Ellie. 2020. Philly SWAT officer seen pepper spraying kneeling protesters on 676 turns himself in, to be charged. 2020-07-22. www.inquirer.com.
  43. Web site: Brennan . Chris . 2021 . 4 takeaways from the only TV debate between Philly DA Larry Krasner and challenger Carlos Vega . 2021-05-06 . Philadelphia Inquirer . en.
  44. Web site: 1,000s of Philly GOP Voters Became Democrats This Year. Where They Live and What It Means to the DA's Race. 2021-05-06. NBC10 Philadelphia. May 6, 2021 . en-US.
  45. Web site: Newall . Mike . Brennan . Chris . Philly cops are going all out to defeat DA Larry Krasner . 2021-05-11 . Philadelphia Inquirer . May 11, 2021 . en.
  46. Web site: Orso . Anna . Walsh . Sean Collins . 2021-05-20 . Voters didn't buy that soaring gun violence is Larry Krasner's fault. Neither do experts. . 2021-05-21 . Philadelphia Inquirer . en.
  47. Web site: Walsh. Chris. Brennan. Sean Collins. May 19, 2021. Philly DA Larry Krasner beats primary challenger Carlos Vega by wide margin in closely watched race. 2021-05-19. The Philadelphia Inquirer.
  48. News: Schultz . Brooke . Legislators pull authority on transit crimes from Philly's progressive prosecutor . 20 December 2023 . PennLive Patriot-News . The Associated Press . Advance Local Media LLC . December 19, 2023.
  49. News: Briggs . Ryan . AG Shapiro distances himself from bill to override Philly DA Krasner on gun crimes . 20 December 2023 . WHYY . July 9, 2019.
  50. Web site: House Roll Calls - 2021 RCS# 1068 . Pennsylvania General Assembly . 19 September 2022 . June 29, 2022.
  51. News: Palmer . Chris . Philly DA Larry Krasner says a subpoena in the effort to impeach him is 'illegal' and 'wholly illegitimate' . 28 August 2022 . The Philadelphia Inquirer . August 23, 2022.
  52. News: Rushing . Ellie . Committee to investigate DA Larry Krasner's office has been selected, and work will now begin . 28 August 2022 . The Philadelphia Inquirer . July 13, 2022 . subscription.
  53. News: Brubaker . Harold . Philly DA Krasner files Commonwealth Court petition to block House probe toward impeachment . 5 September 2022 . . September 3, 2022.
  54. News: Dewan . Shaila . Philadelphia Prosecutor Is Found in Contempt by State Representatives . subscription . 14 September 2022 . . September 13, 2022.
  55. News: Orso . Anna . Philly DA Larry Krasner is now providing some records to the state House committee investigating him . 22 September 2022 . . September 19, 2022.
  56. News: Orso . Anna . A progressive group is pulling its endorsements of lawmakers who voted to hold Larry Krasner in contempt . 24 September 2022 . . September 23, 2022.
  57. Web site: DA Krasner Files Application to Quash Improper & Unlawful Subpoena of PA House Select Committee . Philadelphia District Attorney's Office . 9 October 2022 . October 6, 2022.
  58. News: Orso . Anna . Rushing . Ellie . Palmer . Chris . Pa. House Republicans file articles of impeachment against Philly DA Larry Krasner . 8 November 2022 . . October 26, 2022.
  59. News: Cohen . Rachel M. . Pennsylvania Republicans' attempt to impeach Larry Krasner, explained . 8 November 2022 . . October 26, 2022.
  60. News: Rushing . Ellie . Orso . Anna . Palmer . Chris . Pa. House committee approves articles of impeachment against Philly DA Larry Krasner . 15 November 2022 . The Philadelphia Inquirer . November 15, 2022.
  61. News: Palmer . Chris . Rushing . Ellie . Orso . Anna . Philly DA Larry Krasner impeached by Pa. House, advancing GOP effort to remove him from office . 18 November 2022 . The Philadelphia Inquirer . November 16, 2022.
  62. News: Rushing . Ellie . Palmer . Chris . Orso . Anna . BREAKING DOWN THE ARTICLES OF IMPEACHMENT AGAINST KRASNER . 1 December 2022 . The Philadelphia Inquirer . November 18, 2022.
  63. News: Palmer . Chris . Commonwealth Court sides with Philly DA Larry Krasner in impeachment lawsuit . 1 January 2023 . . December 30, 2022.
  64. News: Senate delays Philly DA's impeachment trial amid court case. January 11, 2023. AP News. Brooke. Schultz. Marc. Levy.
  65. Web site: Schultz . Brooke . Scolforo . Mark . The Associated Press . Court splits on legality of move to impeach Philly DA Larry Krasner . WHYY . 9 April 2023 . January 13, 2023.