| A few things. 1. Don't give up. I hate to say it, but they guy was in the middle of negotiations, and could have probably worked out something significantly better than the 6-month deal he was offered (which really could have been far worse, in practical terms, though it never should have come to that, of course). He obviously had severe mental health problems, and killing himself was disproportionate to what he was facing. 2. I've had two friends do time for Federal, non-violent crimes, and it wasn't horrible for either of them. It mostly just kind of sucked. Not even close to a worst-case scenario. Family embarrassment and having a felony on their record was the worst of it for each of them. Aaron could have turned all that to his favor. 3. It's an unpopular thing to say around here, but before becoming an activist for a cause, it'd be worth talking to a lawyer. No doubt the prosecutor was overzealous (what else is new?) but Swartz's operation was both ham-fisted and a bit unhinged. He obviously was trying to get away with something, he just got caught. He really should have thought that through before doing it, during, and after. 4. And if you're actually guilty of something–however absurd that law is, it's law–fight like mad (which includes appeals) and then take the best plea bargain your attorney can get you, and make the most of it. A six-month term would have been the best thing that could have happened to his cause–afterwards he would have had immense credibility as an activist with both character and credibility. This should all enter into your cost/benefit thinking. It's just good planning. Unfortunately, it became a "mere" tragedy that I fear will wind up doing far less to solve the problems he wanted to than if he'd stuck it out. |
My understanding is that negotiations had stalled: the prosecutors absolutely refused to entertain any plea deal that did not result in Aaron getting a felony. That was all Aaron wanted: not to be a felon for the rest of his life.