Federal Judge Denies Krasner's Request to Drop Death Sentence for Double Murderer
U.S. District Judge Mitchell S. Goldberg, who called the murders "particularly horrific" in his ruling, said District Attorney Larry Krasner offered little reason for taking the death penalty off the table.
March 05, 2019 at 11:54 AM
3 minute read
For over three decades, the Philadelphia District Attorney's Office has argued that a West Philadelphia man who killed two people and left their infant daughter to freeze to death should be executed, until current District Attorney Larry Krasner sought to end pursuit of the death penalty entirely.
However, in a 12-page opinion issued late Monday, a federal judge denied Krasner's request to vacate defendant Robert Wharton's death sentence. In January 1984, Wharton and an accomplice murdered Bradley and Ferne Hart in their West Philadelphia home and turned off the heat before leaving so that the couple's 6-month-old daughter would freeze, though she was eventually rescued.
Wharton continuously fought his death sentence over the years through habeas corpus and was opposed at every turn by prosecutors until Krasner, a former defense attorney who campaigned on criminal justice reform, enacted the policy that his office would no longer seek the death penalty in capital cases.
U.S. District Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania, who called the murders “particularly horrific” in his ruling, said Krasner offered little reason for taking the death penalty off the table.
“After so many years of advocating for a death sentence, the District Attorney's Office has now come to believe Wharton's sentence violates the Constitution. And this concession is made without a single explanation,” Goldberg said. “To accept that view 'blindly' and summarily grant habeas relief without independently reviewing the merits of the remaining claim would be an abdication of my responsibility to perform the judicial function.”
District Attorney's Office spokesman Ben Waxman said, “We respect the independence of the judiciary and are reviewing our options for the case moving forward.”
Shawn Nolan, a federal public defender representing Wharton, said, “We will be filing a brief in 30 days and do not feel it is appropriate to comment during the pendency of the proceedings.”
According to Goldberg's opinion, Wharton was irate over what he thought was a debt owed to him by the Harts for construction work.
Before the murders, to which he confessed, Wharton embarked on a retaliation campaign consisting of breaking into and vandalizing the Hart's home, mutilating family photos, and defecating on the floor, according to Goldberg's opinion.
On the night of Jan. 30, 1984, Wharton and his accomplice again broke into the home and tied up the Harts, watching television for several hours while contemplating what to do with the couple, Goldberg said.
“The wife, Ferne Hart, was then bound in duct tape, taken to the second floor, stripped almost entirely naked and drowned in the bathtub,” Goldberg said. “The husband, Bradley Hart, was taken to the basement and strangled to death with an electrical cord while being forced to lay face down in a pan of water.”
The judge continued, “Not satisfied, and knowing that the couple's six-month-old was also in the house, Wharton turned the heat off and left the child alone in the house in the dead of winter to freeze to death. Found two days later, the infant barely survived.”
Wharton, 56, currently sits on death row at State Correctional Institution Phoenix in Montgomery County.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPlaintiffs Seek Redo of First Trial Over Medical Device Plant's Emissions
4 minute readRemembering Am Law 100 Firm Founder and 'Force of Nature' Stephen Cozen
5 minute readEckert Seamans Snags Reed Smith Global Financial Intelligence Director
3 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250