The Philadelphia District Attorney’s Office said Thursday that the two prosecutors who accused DA Larry Krasner of encouraging them to act unethically in a controversial appellate case did so in a court filing that was both unauthorized and “ill-informed.”
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In a court document filed late Thursday, written by Assistant District Attorney Thomas Gaeta and signed by Krasner, the office said prosecutors Katherine Ernst and Steven J. Wildberger acted inappropriately and without Krasner’s permission when they filed a brief Monday saying the office had a conflict in the appeal of Dennis Johnson, who is seeking to have his murder conviction overturned.
The office said it had taken steps to address all of the issues it saw with Johnson’s case, and that Ernst and Wildberger’s assertions were “ill-informed” and made without firsthand knowledge because they were no longer a part of the case.
The filing primarily focused on the steps the office took to ensure it was handling the case in a legal and ethical manner — and did not directly address the two prosecutors’ contentions that Krasner had asked them to “protect the office.”
In their filing Monday, Ernst and Wildberger said they tried to persuade Krasner to allow the state attorney general’s office to take over Johnson’s appeal after the prosecutor previously assigned to the case, Jaclyn Mason, recommended that his case be overturned — a recommendation the office later sought to reverse, saying Mason’s filing was full of false statements.
U.S. District Judge Paul S. Diamond then ordered a hearing on the matter. And in explosive testimony in federal court last week, Mason said she had sought to vacate Johnson’s conviction at the direction of her boss, Matt Stiegler — whom she accused of colluding with defense attorneys. Stiegler has said that was not the case.
Mason, who has since resigned, also said she was later told to lie about the case to minimize scrutiny of the office.
Ernst and Wildberger, who work in the law division of the DA’s office, said that as they were evaluating the case in the spring, they tried to encourage Krasner to refer the case to the state attorney general because of issues with how it was handled.
For example, they said, Stiegler, the supervisor who they believed had made mistakes while overseeing the case, was still offering legal advice about it from a different role in the office, which Ernst and Wildberger viewed as self-interested and “inappropriate” because of his potential interest in clearing his name rather than evaluating the case on its merits.
But Krasner’s office kept the case. And as they deliberated how to move forward, the two prosecutors wrote, Krasner told them “to litigate the case in a manner to ‘protect the office.’”
Then, in late June, Ernst and Wildberger wrote, they again asked Krasner to refer the matter to state prosecutors, but “DA Krasner stated that there would be ‘consequences’ for anyone who notified the court of the conflict issues.”
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Ernst and Wildberger then filed a notice in federal court saying they believed the DA’s office was beset by conflicts and should not handle Johnson’s appeal.
Krasner’s team, in its first response to the matter this week, said that was not true.
Ernst and Wildberger, they said, were appropriately excluded from the case as soon as they disclosed a personal conflict with it, and did not have firsthand knowledge of the office’s discussions thereafter.
The prosecutors “are disqualified from filing or speaking on behalf of the Commonwealth” and were not authorized to file the “notice of conflict” or to speak for the office about the matter, they said.
Any discussions Ernst and Wildberger had with the office about the case are privileged conversations they should not be able to disclose, the DA’s filing said.
To remedy the issue, the office said, it has hired a new prosecutor to handle the case who has been walled off from the ongoing conversations. Assistant District Attorney Jean Peters-Baker, who recently joined the office and has spent more than 25 years as a prosecutor, will review Johnson’s case and decide if it has merit, the filing said.
Johnson was convicted of second-degree murder in 2009 in the shooting death of Kenyatta Smith during a robbery outside a North Philadelphia convenience store two years earlier. He was sentenced to life in prison.
Johnson appealed his conviction, in part because he said his trial attorney was ineffective. Mason filed court documents in 2022 agreeing with that assertion and saying Johnson’s conviction should be overturned.
But then, this spring, others in the office reviewed the case and took the opposite view.
Ernst and Wildberger said they were prepared to testify before Diamond about the situation. Others in the office are also expected to take the stand as the case proceeds.
The judge has not yet scheduled a date for testimony.