Comment by tptacek

12 years ago

This is also totally false. Any competent attorney understands how charges group under federal sentencing law; not only was he not facing a 30 year sentence, he could not face a 30 year sentence.

Swartz had competent legal representation from the jump. His counsel at the time of his suicide wrote in a postmortem on the case that he believed Swartz stood little chance of any custodial sentence, even were he to be convicted. It's not hard to see why: the sentencing guidelines for first-time offenders of non-remunerative CFAA offenses aren't very demanding.

Swartz was likely to be ruined by the cost of defending a complex federal charge, faced the prospect of potentially spending months in federal prison, and an overall likelihood of the whole incident concluding with a felony conviction on his record, which may have been problematic for his future endeavors. He was oppressed by his prosecution in a variety of ways. It's unnecessary to manufacture new ways.