Mass. lawyer: Told prosecutor Swartz suicidal

Published on NewsOK Modified: January 14, 2013 at 5:16 pm •  Published: January 14, 2013
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Peters said he and prosecutors had talked repeatedly about making some sort of plea deal, but had failed to come to any agreement. Then last Wednesday, Peters brought up the possibility of a deal again. He said he told prosecutors "that we should find a way to resolve the case that didn't destroy Aaron's life."

Peters said prosecutors made it clear their position had not changed: they wanted Swartz to plead to 13 counts and the government would seek six months of prison time or some "slightly lesser" amount of time.

Elliot said they rejected the deal and he believed they would win the case at trial, which was scheduled to begin in April.

Prosecutors dismissed the charges against Swartz on Monday.

Ortiz and the lead prosecutor in the case, Assistant U.S. Attorney Stephen Heymann, filed a brief written notice in court, saying the case was being dismissed because of Swartz's death. Such filings are routine when a defendant dies before trial.

Swartz's family says his suicide was "the product of a criminal justice system rife with intimidation and prosecutorial overreach."