{"id":7867,"date":"2017-05-14T19:16:15","date_gmt":"2017-05-14T23:16:15","guid":{"rendered":"http:\/\/marcstier.com\/blog2\/?p=7867"},"modified":"2017-11-07T20:48:36","modified_gmt":"2017-11-08T01:48:36","slug":"about-that-letter-about-larry","status":"publish","type":"post","link":"https:\/\/marcstier.com\/blog2\/?p=7867","title":{"rendered":"About That Letter About Larry"},"content":{"rendered":"<p>&nbsp;<\/p>\n<p><a href=\"https:\/\/i0.wp.com\/marcstier.com\/blog2\/wp-content\/uploads\/2017\/05\/larry-.jpg?ssl=1\"><img data-recalc-dims=\"1\" loading=\"lazy\" decoding=\"async\" class=\"alignleft wp-image-7873\" src=\"https:\/\/i0.wp.com\/marcstier.com\/blog2\/wp-content\/uploads\/2017\/05\/larry-.jpg?resize=296%2C167&#038;ssl=1\" alt=\"\" width=\"296\" height=\"167\" srcset=\"https:\/\/i0.wp.com\/marcstier.com\/blog2\/wp-content\/uploads\/2017\/05\/larry-.jpg?resize=250%2C141&amp;ssl=1 250w, https:\/\/i0.wp.com\/marcstier.com\/blog2\/wp-content\/uploads\/2017\/05\/larry-.jpg?resize=850%2C478&amp;ssl=1 850w, https:\/\/i0.wp.com\/marcstier.com\/blog2\/wp-content\/uploads\/2017\/05\/larry-.jpg?resize=1200%2C675&amp;ssl=1 1200w, https:\/\/i0.wp.com\/marcstier.com\/blog2\/wp-content\/uploads\/2017\/05\/larry-.jpg?zoom=2&amp;resize=296%2C167&amp;ssl=1 592w\" sizes=\"auto, (max-width: 296px) 100vw, 296px\" \/><\/a><span style=\"font-family: helvetica,arial,sans-serif;\">There is a letter from 12 \u201cformer Assistant DAs\u201d calling on voters not to vote for Larry Krasner on the grounds that he has never been a prosecutor, that he has been misleading in criticizing the culture of the District Attorney\u2019s office, and that our safety will be at risk.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Not only do I not find the letter plausible, for a number of reasons, large and small, the more I read it and learn about those who signed it the more appalled by it I get.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">To start with the big reasons.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">First, we don\u2019t need to take Larry Krasner\u2019s word for the problems in the DA\u2019s office. There is plenty<\/span> <span style=\"font-family: helvetica,arial,sans-serif;\">of independent evidence.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">We know that mass incarceration, especially of black men, is a serious problem across America and <\/span><a href=\"https:\/\/www.nytimes.com\/interactive\/2015\/04\/20\/upshot\/missing-black-men.html?hp&amp;action=click&amp;pgtype=Homepage&amp;module=second-column-region&amp;region=top-news&amp;WT.nav=top-news&amp;abt=0002&amp;abg=1&amp;_r=0\">the rate of incarceration in Philadelphia is among the highest in the country.<\/a><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">We know that the Philadelphia DA\u2019s office has sought the death penalty in far more cases than is typical. The office took pride in Lynn Abraham being the \u201cdeadliest DA in America.\u201d<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">We know that the Philadelphia DA\u2019s office <a href=\"http:\/\/www.mcall.com\/news\/nationworld\/pennsylvania\/mc-pa-philly-da-sues-wolf-death-penalty-20150218-story.html\">sued to stop Governor Wolf\u2019s moratorium on the death penalty<\/a>.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">We know that the Philadelphia DA\u2019s office has a history of looking the other way <a href=\"http:\/\/www.slate.com\/articles\/news_and_politics\/trials_and_error\/2017\/05\/three_murders_in_philadelphia_in_the_early_1990s_and_three_men_who_didn.html\">when police officers lie on the witness stand or frame innocent people or concoct evidence<\/a>. Until Larry\u2019s lawsuit forced Seth Williams to stop doing so, ADAs relied on the testimony of six officers in a narcotics unit that <a href=\"http:\/\/www.nbcphiladelphia.com\/news\/local\/Philadelphia-Narcotics-Officers-Corruption-Case-269803831.html\">repeatedly violated the law<\/a>. (That a jury, impressed by the badge, mistakenly acquitted them doesn\u2019t call into question the overwhelming evidence against them).<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">We know that the Philadelphia DA\u2019s office has been incredibly reluctant to admit errors, and thus refused to reopen cases, hold new trials, or drop cases against people who have been unfairly imprisoned.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">We know that the Philadelphia DA\u2019s office worked with the Philadelphia Police to violate the civil rights of protesters at the 2000 Republican convention, filing false charges against them and holding many of them in jail for days. Larry was the lawyer who helped get many of them released.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">We know that the Philadelphia DA\u2019s office has gone easy on another <a href=\"http:\/\/www.salon.com\/2016\/06\/10\/disgrace_in_philadelphia_district_attorney_gives_lying_cop_feather_duster_slap_on_wrist\/\">police officer, John Hulmes who admitted to committing perjury<\/a>\u00a0 even as they continued to rely on his testimony in court. As the article I just cited shows, there have been many other cases in which police officers have not been held accountable by the DA\u2019s office.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">And we know that in important respects the criminal justice system in Philadelphia is broken. The clearance rate for murder in our city has recently <a href=\"http:\/\/www.philly.com\/philly\/news\/crime\/Philly-Police-clearing-fewer-murder-cases-2016-philadelphia-clearance-rate.html\">dropped under 50%<\/a>, nearly 20 percentage points below where it was in 2012 and below the national average of 65%. \u00a0One theory of the drop is that community mistrust has made it harder for the police and DA to get the cooperation they need to find murderer. Another is that recent changes in police procedures, put in place by Commissioner Ramsey largely to stop the police from concocting evidence, has made it harder to secure the eyewitnesses testimony. We need the kind of reform Larry is talking about to improve community relationships and to hold the cops and the DAs up to the high standards that will make them more effective.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">A letter that talks about the reforms that have been made while ignoring how deeply problematic the office still is, is dubious in the extreme.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Second, a premise of the letter, that one has to have been a prosecutor to be an effective DA strikes me as utterly false. Most of us voted for Josh Shapiro for Attorney General even though he had never done any trial work of any kind as a lawyer.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Prosecutors leave the DA\u2019s office all the time and make big bucks as really effective defense attorneys. What is implausible about someone going in the other direction? A prosecutor is not some special kind of criminal lawyer radically different from defense lawyers. A lawyer isn\u2019t sprinkled with magic dust when he or she becomes a prosecutor<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Larry has spent his whole life trying criminal cases. Who knows what prosecutors do better than someone who has to defend clients against what they do? Who has seen more good and bad cases than someone with 30 years of trying cases? Who has seen more police testimony that honestly supports those cases as well as testimony that does not support them or is dishonest. Who would have a a better idea about what sensible and stupid prosecutions look like?<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">And, third, when it talks about \u201crisking our safety\u201d the letter appeals to the usual fear of crime, with all that racist and classist baggage that goes with it, to encourage people to believe that putting justice first threatens our safety. That notion that we can&#8217;t afford justice is one reason we have a DA&#8217;s office that is so unjust. And it is also untrue. As I\u2019ve <a href=\"http:\/\/www.newsworks.org\/index.php\/speak-easy\/item\/103838-op-ed-how-a-district-attorney-can-really-get-tough-on-crime\">pointed out elsewhere<\/a>, if we really want to be tough on crime, what we really need to do is put justice, and the reforms Larry has been talking about, first.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Those are the main reasons reject the claims of this letter. But there are others.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">I can\u2019t take it seriously because only 12 former assistant DAs signed it when there must be hundreds of people who might have done so.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">I can\u2019t take it seriously because none of those 12, who mostly worked under Lynn Abraham, ever stood up and complained and protested against the abuses in the DAs office that took place while they were there. None of them did what AJ Thomson did when he courageously, and at the cost of his job, went to the FBI to complain about Officer John Hulmes.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">I can\u2019t take it seriously because these 12 people have a professional interest in defending the office that is probably the most impressive line on their resume.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">I can\u2019t take it seriously because these 12 people mostly had very short careers in the DAs office years ago and mostly do not practice criminal law in Philadelphia now. (See below) While they may be right about some of the reforms that have been put in place in the office in recent years, they have no first-hand knowledge of the DAs office today, and can give us no assurance that those reforms are enough to overcome the problems in the office to which not only Larry Krasner but Joe Khan have pointed.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">And I can\u2019t take it seriously because of the reference to George Soros, a naturalized American citizen, as a \u201cEuropean.\u201d When <span style=\"font-size: 12pt;\">people in 2017 start invoking anti-immigrant sentiments, I know where they stand. And it\u2019s not with justice.<\/span><\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">In writing about the 1960 election Arthur Schlesinger said that at the end of every truly progressive campaign some people hold back and begin to fear breaking with the past. As Machiavelli put it, it\u2019s hard to transform political life because those who have an interest in the current system fight tenaciously to keep it while those who want change because uncertain.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">We need to stand strong for real change now, and not be dissuaded by those who, whether because they lack courage or have an interest in the status quo, resist it.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">The truth of this letter is that there are major cultural and structural issues that stand in the way of real reform. It is going to be hard to change the culture of the office. And it is difficult for the DA\u2019s office to challenge cops and prosecute cops because they also need cops to do their work.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Those who<\/span> wrote this letter know that and they can&#8217;t imagine anyone actually succeeding in creating real change. They would, themselves, be afraid to try to make it happen.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">It&#8217;s going to take someone with courage and tenacity and willingness to create a little chaos to force change through.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">And that\u2019s why we need Larry, not someone who says the right things but hasn\u2019t shown, in his whole life\u2019s work, the willingness to stand fast and firm for justice. Some of the other candidates might do so as DA. But Larry is the only one of whom we can be sure, because he has done it his whole life.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Post-script.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">If you do some quick googling of the the folks who signed the letter this is what you find: (Quick googling has gotten some of this wrong and I&#8217;ve made corrections. Please let me know of other errors I fix them.)<\/span><\/p>\n<p>U<span style=\"font-family: helvetica,arial,sans-serif;\">rsula Rouse &#8211; currently works in Real Estate. Spent 2 years, 11 months in the DAs office in misdemeanor and juvenile offices. Also clerked for a homicide judge. <\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Richard Sax &#8211; Repeatedly held in contempt by judges for his courtroom shenanigans<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\"> Nick Liermann &#8211; Worked under Seth Williams for eight years..\u00a0 Appears to practice some criminal law although his linked profile says he specializes in workers&#8217; compensation case.\u00a0<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Chris Curci &#8211; worked as a paralegal at the DA&#8217;s office, mostly under Lynn Abraham. Does not practice criminal law<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Christine Prokopick \u2013Two years at DAs office (which means it is unlikely she tried any felony or serious cases. Now works at the career office of Temple Law. Hasn&#8217;t practiced criminal law since.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Conor Shields &#8211; Spent half his career under Lynn Abraham. Doesn&#8217;t practice criminal law.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Guy D&#8217; Andrea \u2013 Spent half his career under Lynn Abraham. Doesn&#8217;t practice criminal law.<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Megan Koneski &#8211; Doesn&#8217;t work in criminal law<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Senta Rhodes &#8211; Doesn&#8217;t live in Philly or practice criminal law<\/span><\/p>\n<p><span style=\"font-family: helvetica,arial,sans-serif;\">Christina Terebelo &#8211; Doesn&#8217;t live in Philly or practice criminal law<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>&nbsp; There is a letter from 12 \u201cformer Assistant DAs\u201d calling on voters not to vote for Larry Krasner on the grounds that he has never been a prosecutor, that he has been misleading in criticizing the culture of the District Attorney\u2019s office, and that our safety will be at risk. Not only do I not find the letter plausible, for a number of reasons, large and small, the more I read it and learn about those who signed it the more appalled by it I get. To start with the big reasons. First, we don\u2019t need to take Larry Krasner\u2019s word for the problems in the DA\u2019s office. There is plenty of independent evidence. We know that mass incarceration, especially of black men, is a serious problem across America and the rate of incarceration in Philadelphia is among the highest in the country. We know that the Philadelphia DA\u2019s\u2026 <a class=\"continue-reading-link\" href=\"https:\/\/marcstier.com\/blog2\/?p=7867\">Continue reading<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false,"jetpack_post_was_ever_published":false},"categories":[175,57,15],"tags":[],"class_list":["post-7867","post","type-post","status-publish","format-standard","hentry","category-2017-da-race","category-philadelphia","category-politics"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p35YuU-22T","jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"_links":{"self":[{"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=\/wp\/v2\/posts\/7867","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7867"}],"version-history":[{"count":14,"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=\/wp\/v2\/posts\/7867\/revisions"}],"predecessor-version":[{"id":7969,"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=\/wp\/v2\/posts\/7867\/revisions\/7969"}],"wp:attachment":[{"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7867"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7867"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/marcstier.com\/blog2\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7867"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}