Aaron Swartz Lawyers Seek Misconduct Review Against Prosecutor
Posted on Wed Mar 13, 2013 at 08:47:04 PM EST
Tags: Aaron Swartz (all tags)
Via Ryan Grim and Ryan Reilly at Huffington Post, Aaron Swartz's lawyers have asked the Justice Department's Office of Professional Responsibility to review the conduct of AUSA Stephen Heymann. In their letter to OPR, available here, they allege Heymann withheld evidence and improperly sought to coerce Swartz into a plea deal. From the letter:
First, AUSA Heymann appears to have failed timely to disclose exculpatory evidence relevant to Mr. Swartz's pending motion to suppress. Indeed, evidence suggests AUSA Heymann may have misrepresented to the Court the extent of the federal government's involvement in the investigation into Mr. Swartz's conduct prior to the application for certain search warrants.
Second, AUSA Heymann appears to have abused his discretion when he attempted to coerce Mr. Swartz into foregoing his right to a trial by pleading guilty. Specifically, AUSA Heymann offered Mr. Swartz four to six months in prison for a guilty plea, while threatening to seek over seven years in prison if Mr. Swartz chose to go to trial.
Swartz' lawyers say they are filing the claim on behalf of Aaron's family. [More...]
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