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Prosecutor as bully

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Re: Prosecutor as bully

#271
post #70
post #46

Earlier quoted context omitted.

Naming and shaming Carmen M. Ortiz for destroying the life of a young man is exactly what is necessary. She brought 13 felony counts against him for downloading articles that should be freely available, after JSTOR itself had dropped the charges. Destroying her career and seeing her fired in disgrace will send a message to all other overzealous prosecutors, in the same way that she surely thought her prosecution of S…

Or, you know, you could just call your local Congressperson and complain. This is far more likely to have a direct impact on her job (performance of, or continued employment) than some random internet "naming and shaming." It is also far more likely to bring about the structural changes necessary to prevent this from happening again. ...as they have disabled the voice of the people by routing around jury trials. Aaro…

Are you defending the actions of this bitch?

Re: Prosecutor as bully

#272

Earlier quoted context omitted.

That's a crapshoot. Either they will get the local media to care about it for a day or two, then fizzle, or they will get the local pizza place really pissed off, or someone will do something drastic and a bunch more arrests will start being made. Getting 4chan to apply the right amount of pressure to the right place seems to be like trying to get an apathetic redneck to remove a tree stump for you. Chances are he's…

MIT.edu is down. Let's see what comes next.

I hope that is 4sure.

Re: Prosecutor as bully

#273

Earlier quoted context omitted.

> Aaron had the option of going to trial. It was his constitutional right. He chose to kill himself instead. It was not a real option. He had run out of money for an expensive, complex case. He was sure to lose.

Robert Morris created the first worm on the Internet and was the first person prosecuted under the Computer Fraud and Abuse Act. He was convicted and sentenced to probation. He's now a tenured MIT professor and was a co-founder of Y Combinator. For someone of Aaron's talent and reputation there is no reason that he could not have gotten past a felony conviction and lived a successful life. I can only interpret Lessig…

That was a very, very long time ago. Do you really think that with the way that the U.S. is now that Aaron would have won?

Re: Prosecutor as bully

#274

Question for the legal experts: We've been reading potential jail time of 50 or 30 years, plus $millions+ in fines. Realistically, had he taken a plea bargain or gone to trial, what would he likely have wound up with?

It's quite easy to calculate the likely sentence. The Federal Sentencing Guidelines provide for a base level of 6, plus an 18 step increase for fraud between $2,500,000 and $7,000,000. The sentencing range at this level assuming no criminal history is 57-71 months. Expect supervised release (no computers) for three years. The fine would be up to the sentencing judge within statutory limits. The government estimated the value of the JStor documents at $5 million. Even if the government's estimate was exaggerated, the documents were worth something--and this figure would drive the sentence to be imposed. The judge could also depart upward based on aggravating factors such as PACER and a lack of remorse. Swartz faced with no good choices. When he did not take the offered plea, they superseded and racheted up the counts. The number of counts doesn't really matter for Guidelines purposes but there is always the risk that the sentencing judge could impose the sentences for each count consecutively.

My guess is that Heyman/Ortiz really didn't want to prosecute the case, afraid that it would become a political hot potato and controversial. They made him what they considered a reasonable offer in September--7 to 8 months federal prison, a fine (amount unknown) and two-three years of supervised release. The kicker is that he could not use computers until supervised release was finished. So for a decade or so, he would be cut off from the digital world entirely.

(There are various reports about these negotiations but I have not seen an offer letter.)

We know that Swartz did not accept the offer. What happened next is what prosecutors do in all sorts of cases: they superseded, that is, replaced the indictment with a new one, adding new charges and new counts. Perhaps they withdrew their plea offer as well, or put a deadline on acceptance.

With a trial date of this week, and advice from his lawyers that he very well could lose (whatever the facts, the hiding his face with a mask would be a prominent feature of the trial, and mummery by the prosecutors just as the glove in the OJ case).

I do not know what his attorneys told him; but from their pleadings they seem to be competent, professional federal defense attorneys, so they would have told him realistically what his chances were. Criminal defendants in these circumstances often take very drastic action.

Someone was pressing this case. It could have been Ortiz. It could have been the case agent. It could have been Heyman. In state court a case like this would almost certainly have resulted in probation. Someone, somewhere wanted Swartz' head on their pike.

Re: Prosecutor as bully

#275
post #46
post #18

From the article: For in the 18 months of negotiations, that was what he was not willing to accept, and so that was the reason he was facing a million dollar trial in April — his wealth bled dry, yet unable to appeal openly to us for the financial help he needed to fund his defense, at least without risking the ire of a district court judge. Remember, this was on HN just a week ago: https://news.ycombinator.com/item?…

Naming and shaming Carmen M. Ortiz for destroying the life of a young man is exactly what is necessary. She brought 13 felony counts against him for downloading articles that should be freely available, after JSTOR itself had dropped the charges. Destroying her career and seeing her fired in disgrace will send a message to all other overzealous prosecutors, in the same way that she surely thought her prosecution of S…

Convicting a felon is not a feather in the cap of a public prosecutor. It only shows the failure of government to prevent crime. Boasting about a conviction where the jury and the judge always gives the prosecution a higher stand is shallow minded and shameless. She talks like investment bankers who made a fortune by cheating their investors. The UIEGA is more hopeless and shady than this cheap prosecutor and is illegal as per international conventions.

Re: Prosecutor as bully

#276
post #140

Earlier quoted context omitted.

What do you think about jury nullification? If more people knew about it, do you think "we the people" could reign in out of touch congress critters that write these laws (don't repeal or change them) and the over zealous executive branch (prosecutors and police) that attempt to rack up and level up charges.

The most prominent and continuous use of jury nullification occurred in the American South in the 20th century to nullify murder charges against those who had lynched black people or killed them by burning down their homes and churches. Didn't change the law in the direction they wanted, and didn't achieve justice either.

I understand that. Isn't that why the Federal government came up with federal "civil right violation" laws to combat this to remove the jury of peers from the immediate locale [of racist jurors]?

Also, one "short coming" of jury nullification is that it doesn't actually nullify the law, just the outcome of individual trials which, yes, can be abused as it was in the South. The precedent it can create, if enough juries nullify similar trials, is reducing over zealous prosecution and prosecutors. So, when a true RICO case comes up the law can appropriately be used. But when RICO is used in a case just to trump up charges, prosecutors will be less apt to pursue if its going to hurt their record of convictions and careers.

Re: Prosecutor as bully

#277

Earlier quoted context omitted.

> Aaron had the option of going to trial. It was his constitutional right. He chose to kill himself instead. It was not a real option. He had run out of money for an expensive, complex case. He was sure to lose.

Robert Morris created the first worm on the Internet and was the first person prosecuted under the Computer Fraud and Abuse Act. He was convicted and sentenced to probation. He's now a tenured MIT professor and was a co-founder of Y Combinator. For someone of Aaron's talent and reputation there is no reason that he could not have gotten past a felony conviction and lived a successful life. I can only interpret Lessig…

In some jurisdictions (most I believe) felons aren't allowed to vote. If someone believes in democracy and the freedom to vote and have a voice, how do you think they would feel about being so marginalized?
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