State prosecutors who investigated the late Aaron Swartz had planned to let him off with a stern warning, but federal prosecutor Carmen Ortiz took over and chose to make an example of the Internet activist, according to a report in Massachusetts Lawyers Weekly.
Middlesex County's district attorney had planned no jail time, "with Swartz duly admonished and then returned to civil society to continue his pioneering electronic work in a less legally questionable manner," the
report (
alternate link) said. "Tragedy intervened when Ortiz's office took over the case to send 'a message.'"
The report is likely to fuel an online campaign against Ortiz, who
has been criticized for threatening the 26-year-old with decades in prison for allegedly downloading a large quantity of academic papers. An online
petition asking President Obama to remove from office Ortiz -- a politically ambitious prosecutor who was
talked about as Massachusetts' next governor as recently as last month.
Ortiz, 57, also came under fire this week for her
attempt to seize a family-owned motel in Tewksbury, Mass., for allegedly facilitating drug crimes, despite ample evidence that the owners worked closely with local police. In a stinging rebuke, U.S. Magistrate Judge Judith Dein tossed out the case yesterday, siding with the motel owners -- represented by the public-interest law firm
Institute for Justice -- and noting (
PDF) that prosecutors had alleged a mere "15 specific drug-related incidents" over a 14-year period during which "the Motel Caswell rented out approximately 196,000 rooms."