In the latest episode of Battleground Politics, Lauren Mayk talks to SEPTA special prosecutor Michael Untermeyer in his first interview since being appointed to the job. Earlier in the year, Pennsylvania Governor Josh Shapiro signed into law Act 40, which directed the appointment of a special prosecutor by the attorney general’s office to handle crimes on SEPTA property.
Philadelphia District Attorney Larry Krasner engaged in a legal battle against the law, arguing it unconstitutionally stripped him of geographic jurisdiction, removed his core prosecutorial functions and took away power from the voters who elected him. Shapiro has defended the law however, saying it would provide law enforcement officials with additional tools to prevent crime in the city.
This summer, Untermeyer was named the special prosecutor for SEPTA after Pennsylvania’s Commonwealth Court rejected Krasner’s argument that the law was unconstitutional. In the interview, Untermeyer revealed his strategy for the office, who he’s talked to, and who he hasn’t.
The special prosecutor hired to investigate and prosecute crimes on SEPTA initially plans to focus on assaults and thefts - not pursuing cases involving more serious offenses such as homicide -- on the transit system.
“We’re going to focus in on crimes that are most impactful … on employees and the public, specifically assaults and thefts - that’s what we’re going to focus on initially,” Michael Untermeyer told NBC10.
The full interview with Untermeyer – his first since being named to the job this summer - is currently featured in the latest episode of Battleground Politics with Lauren Mayk and will air on Sunday, at 11:30 a.m. on NBC10 @Issue.
Battleground Politics with Lauren Mayk
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Untermeyer said he has not yet taken a criminal case as special prosecutor, and the first crimes he plans to focus on are assaults on SEPTA employees. He said his office may grow to take homicide and rape cases in the future, but that “we’re trying to start in a way, in a place where we’re going to be most effective.”
“Most serious crimes basically are handled in a way that for the most part the transit authority, certainly the police department is happy with, so we’re trying to come in and fill a niche essentially where they’re not getting the support that they really want to have,” Untermeyer said.
A SEPTA spokesperson said the agency has had productive meetings and looks forward to working with both the special prosecutor and the Philadelphia district attorney to use “all resources” at their disposal to keep the system safe. The spokesperson also said fare theft, with people not paying for rides, is part of the theft the special prosecutor would pursue.
In the months since his appointment by Attorney General Michelle Henry, Untermeyer said he has been meeting with people including at SEPTA and the Philadelphia police department but has not met with District Attorney Larry Krasner.
Krasner has fought the creation of the special prosecutor in Act 40, which was passed by the legislature and signed into law by Governor Josh Shapiro. Krasner has argued that the law disenfranchises voters in Philadelphia, where voters have twice elected him as district attorney.
Act 40 gives the special prosecutor “preemptive prosecutorial jurisdiction” over crimes within SEPTA, allowing the special prosecutor to choose which cases that office would pursue, meaning the DA could not prosecute them.
Untermeyer said the office has been “conservative” in its interpretation of where crimes would take place to be under his jurisdiction, saying it would be only on SEPTA property such as stations, trains and buses, not including areas outside of them.
Untermeyer also said he’s been working to set up an office, which he says will start with two lawyers, one intel analyst and one legal assistant.
Here’s a full breakdown of Untermeyer’s interview for Battleground Politics.
00:17 – What Untermeyer has been doing since becoming special prosecutor
1:11 – Strategy for SEPTA safety
4:24 – Why Untermeyer hasn’t taken any cases so far
5:35 – Where Untermeyer’s office will be based
5:58 – How long it will take before Untermeyer handles more serious crimes
6:50 – Why Untermeyer hasn’t met with DA Larry Krasner
8:38 – How Krasner’s office has handled crime on SEPTA
9:07 – Whether or not a special prosecutor is necessary for SEPTA
10:02 – Untermeyer’s jurisdiction
11:30 – Hiring qualifications for Untermeyer’s office
12:16 – Untermeyer’s staffing goal
13:04 – When Untermeyer will be ready to take a case
13:35 – Why Untermeyer hasn’t spoken with Act 40 legislators about their vision
14:08 – Why Untermeyer won’t run for Philadelphia’s District Attorney
14:50 – Whether Untermeyer plans on meeting with Krasner
15:38 – Assaults on SEPTA employees
16:09 – Handling non-assault cases
17:31 – Untermeyer’s current office
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