PHILADELPHIA — The Pennsylvania Supreme Court ruled on Friday that the state Office of the Attorney General will have oversight over cases the Philadelphia District Attorney's office attempts to overturn. The court also reversed an order that granted Lavar Brown a new trial.
The court ordered that post-conviction courts must notify the Attorney General's office and allow intervention before ruling on any concession of relief. The court opinion stated: "Our duty to safeguard justice compels us to order that in all PCRA cases in which the DAO concedes relief, the PCRA court shall afford the OAG notice and the opportunity to intervene before ruling on the concession."
Brown was convicted in 2004 of the murder of Michael Richardson. In 2005, a Philadelphia jury convicted him of the murder of Robert Crawford. Brown sought relief under Pennsylvania's Post Conviction Relief Act, and the office agreed that he was entitled to a new trial during his second relief request. Family members of the victims petitioned the court to intervene and review the District Attorney's concession.
The court opinion stated that the office has conceded relief at least 120 times since 2018, with most of these concessions involving murder cases. "Again and again, the DAO has made unreliable concessions unsupported by the facts and law." the court's opinion read. "And when conceding relief, the DAO has repeatedly lacked candor to the court, misrepresented facts, failed to conduct adequate investigations, and inexplicably dodged necessary evidentiary hearings."
Pennsylvania Attorney General Dave Sunday released a statement regarding the ruling. "The Supreme Court of Pennsylvania exercised its King's Bench jurisdiction to review the case. The Court held that the DAO's concession was not reliable, as it had failed to disclose material evidence, submitted a false stipulation, misrepresented facts, and opposed a required evidentiary hearing." Sunday said. He added that the ruling explains that independent assessment and participation from the Attorney General's office will enhance the reliability of post-conviction proceedings.
Philadelphia District Attorney Larry Krasner commented on the decision. "No, it doesn't help democracy. It doesn't help safety. It doesn't help freedom." Krasner said. The opinion also noted that these problems are poised to continue.

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