PHILADELPHIA (KYW Newsradio) — Philadelphia District Attorney Larry Krasner is asking the courts to step in to block a new state law that would appoint a special prosecutor to handle any crimes committed on SEPTA in Philadelphia.
Gov. Josh Shapiro signed the legislation into law on Dec. 14, effective immediately.
In the complaint, which asks the Pennsylvania Commonwealth Court to block its implementation, Krasner calls the new law an “unconstitutional, radical and unprecedented measure” and a “constitutional train wreck.”
Attorney John Summers, who is representing Krasner and the Philadelphia District Attorney’s Office, said the complaint details seven different ways that the law is unconstitutional, arguing, in part, that the special prosecutor is not held accountable. It also cites a violation of Pennsylvania’s equal protections law, as it treats Philadelphia differently than neighboring counties. And, he said, it fails to define what “within SEPTA” actually means.
Based on his interpretation of the law, “89% of the land area of Philadelphia, if this is the right explanation and definition, would be ceded out of the district attorney’s office over to the special counsel.”
Krasner said if a special prosecutor is appointed while the law is challenged in court, any convictions by that prosecutor could be thrown out.
“You could end up in a situation where the existence of this special prosecutor is a free pass for people who are committing serious violent crimes anywhere in and around this enormous area, to get out of jail free and never go back,” he said.
The bill passed the state Senate 29-21, with Northeast Philadelphia-based state Sen. Jimmy Dillon voting in favor — the only Democrat to do so. It passed the state House with significant bipartisan support, including many Democrats in the Philadelphia suburbs.
When the prime sponsor of the bill, western Pennsylvania Republican state Sen. Wayne Langerholc, introduced the legislation, he accused Krasner of a dereliction of duty, saying Krasner has a “systemic record” of not prosecuting violent criminals, thus creating a “culture of lawlessness.”
“The prosecutor will address the sweeping inaction of the current district attorney and ensure that scofflaws will answer for their crimes,” Langerholc said when he introduced the bill on April 24, 2023, in the Transportation Committee, which he chairs, “since the current district attorney has a systemic record of failing to prosecute assaults on victims.”
The Pennsylvania Attorney General’s Office says it didn’t request the law, but has to follow it, adding they’ve been unable to appoint a special prosecutor because of “narrow requirements set by the legislature.”