I do not excuse Ortiz for one second. But Swartz was clinically depressed
and vulnerable. Mental illness was partly to blame, and that is not
anyone's fault. A person who is not suffering from depression might realize
he has many friends and political influence so he can probably win the
trial. Or that his supporters will pay the fine.

People might say that Ortiz should have realized she was dealing with a
vulnerable person. Maybe, but it is her job to prosecute criminals. If, in
her judgement, he was guilty, she had a responsibility to continue, or to
seek a plea bargain. Just because you are a once-in-a-generation brilliant
programmer who made contributions starting at age 15, and you suffer from
depression, that still does not place you beyond the law.

It is a tragic set of circumstances.

- Jed

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