John F. Kennedy’s book “Profiles in Courage” told the story of a rare, few U.S. senators who went against the tide of popular opinion and committed acts that ultimately led to severe criticism and in some cases, political defeat.
The names are at best vaguely remembered and in some cases lost to history, but the idea of defying societal standards in service of a higher purpose i.e. “doing the right thing” as Spike Lee might say, is fundamental.
I thought of the book this week when Judge Wendy L. Pew dismissed all charges against Officer Mark Dial.
Dial had been charged with murder and other lesser offenses by Philadelphia DA Larry Krasner, a man who has weaponized his office against the police department as a
means of advancing his “social justice” philosophy.
Krasner was elected by a majority of a minority, namely the very tiny percentage of Philadelphia voters who bothered to go to the polls.
He was given this mandate: dismantle the “racist” criminal justice system, empty the jails, and provide “restorative justice” to those who have been harmed by the bigotry of people who think felons belong in jail.
This philosophy is common among a new breed of prosecutors who are really just lesser-paid criminal defense attorneys in disguise.
They have a very clear view of how they think the law should function, and if it is not compatible with the facts of any particular case, they are willing to manipulate and massage statutes so that the charges will fit the crime.
This is what has happened in a number of cases filed against police officers in Philadelphia, including a high profile one against Ryan Pownell, which was dismissed last October because Krasner had improperly instructed a grand jury.
It’s déjà vu all over again, as Yogi Berra would say.
This past Tuesday, Pew dismissed the charges against Dial because she found that there was no evidentiary basis for them. People, with no legal training but with a lot of social media savvy, have argued that the judge overlooked video evidence, eyewitness testimony and departed from accepted standards when dismissing the charges, which were
immediately lodged again by Krasner.
In the Twittersphere, activists started aiming for the judge, leveling thinly veiled threats about taking her seat from her in the upcoming election. And there were some more
ominous threats as well.
On the evening of the dismissal, riots erupted in the streets of Philadelphia. I was caught up in one of them near 15th and Chestnut streets in Center City, where a group of unhinged vandals and what I like to call “Flat Screen And Sneaker Activists” plundered local stores, carrying their booty in their arms like refugees fleeing some sort of civil
war.
Only they were the ones causing the mayhem, and the conflict.
Fortunately, I was in a bus, and those tons of metal protecting me were a blessing.
Judge Pew isn’t as fortunate. She works in a courtroom, protected by layers of security, but her name has been out there and unwisely cited by a number of local publications that, while entitled to distribute the news, could have done so in a more measured way.
Then we had local journalists who I will not name but with whom I used to work tweeting out videos about how horrific it was that Dial was allowed to walk, and writing that they were “beyond outrage.”
I understand being “beyond outrage.” I was beyond outrage when I was forced to navigate through a mob of vandals, and a phalanx of police officers to get to my home on Tuesday night.
I was beyond outrage that the legitimate dismissal of charges triggered a night of riots and looting.
I was beyond outrage that the actions of a judge, after due deliberation and with a deep understanding of the rights of defendants, have been attacked as just another example of racism.
Ironically, the day that the charges were dismissed against Dial, I was watching a docuseries from my friend Tigre Hill on Paramount Plus called “72 Seconds in Rittenhouse,” which recounts the murder of Sean Schellenger at the hands of Michael White.
When Schellenger, a real estate agent was stabbed in the back by White, a food service deliveryman, the case became a Rohrshack test on race, class and due process.
I am quoted in the series praising Frank Rizzo, whose idea of policing is now considered antiquated in this “kinder to the criminal, gentler on the crime” era.
While many people would disagree with my assessment of the former police commissioner/mayor, I think that the sharp swing to the other extreme represented by Larry Krasner and the progressive prosecutors is profoundly damaging to society.
That is why what Pew did is both remarkable and courageous.
She clearly understood the tenor of the city, and the desire for a pound of flesh from a police officer.
It’s no secret that this DA has been waging war on police for the past six years, ever since he was first elected to office. She also clearly understood where many progressive
Philadelphians stand on criminal justice reform.
And yet she honored our shared profession by not allowing emotions or security concerns to blind her to the reality: Krasner had overcharged Dial, and his evidence didn’t add up.
She had two choices: ignore that and go forward with the case or terminate the legal farce.
Her actions were a profile in courage, and since she is barred from speaking out about her actions, I will do it for her: well done, your honor.
Thank you for refusing to be intimidated by social narratives, and for following the law.
Christine Flowers can be reached at cflowers1961@gmail.com.
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