PHILADELPHIA (KYW Newsradio) — Both sides claimed victory in a Commonwealth Court decision last week, in the Fraternal Order of Police's suit against Philadelphia's district attorney.
However, it appears each may have some basis for their claims.
The court partially upheld and partially dismissed an appeal by the FOP, asking that District Attorney Larry Krasner stop keeping a list of officers with misconduct records that might make them unsuitable for prosecutors to call as witnesses — a so-called "Do Not Call" list.
The court said Krasner not only could keep the list but that he has a duty to share the names with defense attorneys.
However, the court also found that some officers' due process rights were violated because they were placed on the list before they had a chance to exonerate themselves of unfounded misconduct charges.
In a statement, FOP Lodge 5 president John McNesby said the ruling is a landmark victory that "may shape 'Do Not Call' lists throughout the state and throughout the nation."
Related
Krasner held a news conference to challenge that assertion.
"We won," he said. "It's real clear. We won. There seems to be some other commentary coming from the leader of the FOP but it's not factual."
In any case, Commonwealth Court ordered the case back to the lower court, where a definitive winner may become more clear.