Schwarz Silenced—Vinegrad Caves

Charles Schwarz Has the Edge

"I could not have done better," Fischetti added, "if we went to trial and he was acquitted."

Even with an acquittal, Schwarz would still have had to serve prison time on the one count of perjury for which he was convicted as part of this plea bargain. Judge Raggi—even if she had wanted to—could not have given Schwarz credit for his previous 33 months in jail because he served them under a different charge.

In Berger v. U.S. (1935), Justice George Sutherland said of a United States Attorney that his interest in a criminal case must be not to win the case but to see "that justice shall be done. . . . Guilt should not escape nor should innocence suffer." Mr. Vinegrad did not win the core of this case, nor should he have.

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