A report in Massachusetts Lawyers Weekly claims that Middlesex County’s district attorney had planned no jail time, “with Swartz duly admonished and then returned to civil society to continue his pioneering electronic work in a less legally questionable manner,” the report (alternate link) said. “Tragedy intervened when Ortiz’s office took over the case to send ‘a message.'”
According to CNET the report was written by Harvey Silverglate, a prominent Cambridge criminal defense lawyer whose clients have included Michael Milken and Leona Helmsley. Sliverglate is of counsel to the firm that initially represented Swartz in his attempts to defend himself against 13 felony charges brought by Ortiz’s office. Ortiz has defended her actions as appropriate.