Aaron Swartz's lawyer accuses prosecutor of misconduct
The lawyer who represented Aaron Swartz in his fight against computer fraud charges, has filed an official complaint against Stephen Heymann, the DOJ prosecutor who went after Swartz.
The complaint letter, which is dated January 28 but was just published this afternoon by The Huffington Post, accuses Heymann of withholding key evidence, as well as abusive behavior related to plea bargaining. The letter was sent to the Office of Professional Responsibility, a part of the Department of Justice tasked with overseeing its lawyers.
Specifically, Peters says that Heymann withheld a key e-mail until after a hearing in which it would have been useful. The e-mail "demonstrated that the Secret Service both had effective control over Mr. Swartz's electronic devices and knew it needed to obtain a search warrant," as of January 2011, according to Peters. That contradicted other government testimony about delays in searching Swartz's devices. Heymann thus violated his "duty of candor to the court," wrote Peters.
