Carmen Ortiz, The Attorney Aaron Swartz' Father Indirectly Blamed For His Son's Death, Has Issued A Statement

Last Friday, 26-year-old Internet activist Aaron Swartz committed suicide.

He had suffered depression for a long time, and he was in the middle of a stressful trial for illegally obtaining millions of documents in 2011.

Many of Swartz' family and friends feel the government was too harsh on Aaron, which drove him to his death. Swartz's father went so far as to say his son was "killed by the government."

The statement fired shots at Carmen Ortiz and Stephen Heymann, who were leading the charge on Swartz' prosecution.

This morning, Ortiz issued a statement:

As a parent and a sister, I can only imagine the pain felt by the family and friends of Aaron Swartz, and I want to extend my heartfelt sympathy to everyone who knew and loved this young man. I know that there is little I can say to abate the anger felt by those who believe that this office’s prosecution of Mr. Swartz was unwarranted and somehow led to the tragic result of him taking his own life.

I must, however, make clear that this office’s conduct was appropriate in bringing and handling this case. The career prosecutors handling this matter took on the difficult task of enforcing a law they had taken an oath to uphold, and did so reasonably. The prosecutors recognized that there was no evidence against Mr. Swartz indicating that he committed his acts for personal financial gain, and they recognized that his conduct – while a violation of the law – did not warrant the severe punishments authorized by Congress and called for by the Sentencing Guidelines in appropriate cases. That is why in the discussions with his counsel about a resolution of the case this office sought an appropriate sentence that matched the alleged conduct – a sentence that we would recommend to the judge of six months in a low security setting. While at the same time, his defense counsel would have been free to recommend a sentence of probation. Ultimately, any sentence imposed would have been up to the judge. At no time did this office ever seek – or ever tell Mr. Swartz’s attorneys that it intended to seek – maximum penalties under the law.

As federal prosecutors, our mission includes protecting the use of computers and the Internet by enforcing the law as fairly and responsibly as possible. We strive to do our best to fulfill this mission every day.