7 ms·

Carmen Ortiz: A Case Of Prosecutorial Diligence Or Legal Overreach?

73 points by rosenjon 14y ago

Indyan 14y ago
Is there any transcript available?
- theg2 14y ago
  Just looked into it, sorry we don't have one available at the moment.
danso 14y ago
FYI, the actual story (kind of hidden because it's linked to the single word "investigate"), is here: http://www.wbur.org/2013/02/20/carmen-ortiz-investigation http://www.wbur.org/2013/02/20/carmen-ortiz-investigation Not a full transcript, but a long form article on Ortiz's history. edit: A key passage that will interest some here, particularly the ones who believe that assistant DA Stephen Heynmann is the one to blame: > A former federal prosecutor who worked alongside Ortiz for several years and did not want to be identified for fear of reprisal said Miner’s assessment is spot on. “She is totally hands off and defers to her staffers more than any other U.S. attorney I have seen,” the lawyer said of Ortiz. “There are some [AUSAs] who have been in the office for a long time who have developed these little fiefdoms and are basically able to push her around. That’s just wrong for a whole host of reasons.” One of those reasons, according to Miner, is that line prosecutors have an incentive to return indictments to keep their numbers up and often lack perspective when assessing the strengths and weaknesses of their own cases. It is the job of the U.S. attorney and her hand-picked supervisors to question the decisions of the AUSAs and to set the tone for the office.
tapan_pandita 14y ago
The Carmen Ortiz interview begins at around 20 mins in. Nothing much to hear though, she refuses to talk about anything of importance other than claiming "mental illness" in the Aaron Swartz case.
- cjbprime 14y ago
  Even worse, claiming that the problem is that they didn't know that he was at risk from mental illness. Swartz's lawyer claims to have told the prosecutor directly: > The thing that galls me is that I told Heymann the kid was a suicide risk,” Good told me. “His reaction was a standard reaction in that office, not unique to Steve. He said, ‘Fine, we’ll lock him up.’
- daniel-cussen 14y ago
  Yeah, just like every Samurai developed serious mental illness just when he had to commit suicide.
- mpyne 14y ago
  Given that the vast majority of people on Federal charges don't commit suicide, including persons facing much stricter punishments than Aaron Swartz, I'd be interested in hearing why a mental illness of some sort would not be the primary suspect. The motel owner fighting against Ortiz to keep his property out of the hands of the Feds didn't kill himself. Did Ortiz just screw up her methods when she failed to drive him to suicide?
  - homosaur 14y ago
    In regards to the US Attorney's behavior, Swartz's mental state and actually his suicide in general is irrelevant. He could be alive today and Ortiz's actions would be just as wrong.
    - bostonpete 14y ago
      That may be, but I don't recall seeing any outrage to speak of when he was still alive.
      - Kylekramer 14y ago
        In fact, it was quite the opposite around here. A submission asking to contribute to his defense fund had a top post saying essentially "Man up and deal with the consequence of your actions". The community is general has been very inconsistent and reactionary around this issue.
wisty 14y ago
The most hilarious bit is towards the end. Ortiz wanted a drug company lawyer taken to court. She's got some odd logic - when she screws up, it's an adversarial process (and it's her job to gun down anyone she can indite); but a lawyer on the other side is somehow fair game if they get in her way.
dmschulman 14y ago
This story and the interview had so much potential but Ortiz just hides behind legal sequester and refuses to answer the majority of the host's soft questioning.
- rhizome 14y ago
  She has prosecutorial immunity, she's not going to stick her neck out.

73 points by rosenjon 14y ago

Indyan 14y ago

Is there any transcript available?

theg2 14y ago
Just looked into it, sorry we don't have one available at the moment.

danso 14y ago

FYI, the actual story (kind of hidden because it's linked to the single word "investigate"), is here: http://www.wbur.org/2013/02/20/carmen-ortiz-investigation http://www.wbur.org/2013/02/20/carmen-ortiz-investigation Not a full transcript, but a long form article on Ortiz's history. edit: A key passage that will interest some here, particularly the ones who believe that assistant DA Stephen Heynmann is the one to blame: > A former federal prosecutor who worked alongside Ortiz for several years and did not want to be identified for fear of reprisal said Miner’s assessment is spot on. “She is totally hands off and defers to her staffers more than any other U.S. attorney I have seen,” the lawyer said of Ortiz. “There are some [AUSAs] who have been in the office for a long time who have developed these little fiefdoms and are basically able to push her around. That’s just wrong for a whole host of reasons.” One of those reasons, according to Miner, is that line prosecutors have an incentive to return indictments to keep their numbers up and often lack perspective when assessing the strengths and weaknesses of their own cases. It is the job of the U.S. attorney and her hand-picked supervisors to question the decisions of the AUSAs and to set the tone for the office.

tapan_pandita 14y ago

The Carmen Ortiz interview begins at around 20 mins in. Nothing much to hear though, she refuses to talk about anything of importance other than claiming "mental illness" in the Aaron Swartz case.

cjbprime 14y ago
Even worse, claiming that the problem is that they didn't know that he was at risk from mental illness. Swartz's lawyer claims to have told the prosecutor directly: > The thing that galls me is that I told Heymann the kid was a suicide risk,” Good told me. “His reaction was a standard reaction in that office, not unique to Steve. He said, ‘Fine, we’ll lock him up.’
daniel-cussen 14y ago
Yeah, just like every Samurai developed serious mental illness just when he had to commit suicide.
mpyne 14y ago
Given that the vast majority of people on Federal charges don't commit suicide, including persons facing much stricter punishments than Aaron Swartz, I'd be interested in hearing why a mental illness of some sort would not be the primary suspect. The motel owner fighting against Ortiz to keep his property out of the hands of the Feds didn't kill himself. Did Ortiz just screw up her methods when she failed to drive him to suicide?
- homosaur 14y ago
  In regards to the US Attorney's behavior, Swartz's mental state and actually his suicide in general is irrelevant. He could be alive today and Ortiz's actions would be just as wrong.
  - bostonpete 14y ago
    That may be, but I don't recall seeing any outrage to speak of when he was still alive.
    - Kylekramer 14y ago
      In fact, it was quite the opposite around here. A submission asking to contribute to his defense fund had a top post saying essentially "Man up and deal with the consequence of your actions". The community is general has been very inconsistent and reactionary around this issue.

wisty 14y ago

The most hilarious bit is towards the end. Ortiz wanted a drug company lawyer taken to court. She's got some odd logic - when she screws up, it's an adversarial process (and it's her job to gun down anyone she can indite); but a lawyer on the other side is somehow fair game if they get in her way.

dmschulman 14y ago

This story and the interview had so much potential but Ortiz just hides behind legal sequester and refuses to answer the majority of the host's soft questioning.

rhizome 14y ago
She has prosecutorial immunity, she's not going to stick her neck out.