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The Courts News

Ortiz-Heymann: the Prior Generation 57

theodp writes "Two decades before the White House was petitioned to remove U.S. Attorney Carmen Ortiz and her Assistant U.S. Attorney Stephen Heymann from their jobs for the allegedly overzealous prosecution of Aaron Swartz, the Boston Globe reported on allegations of 'sometimes heavy-handed tactics and inaccuracies' of an NFL investigation into sexual harassment charges made by a sportswriter against the New England Patriots that was led by Watergate prosecutor Philip Heymann (Stephen's father) and included Ortiz. 'From the day Philip Heymann and his colleagues walked into Foxboro Stadium to investigate Lisa Olson's charges of sexual harassment,' the Globe reported, 'the New England Patriots were on the defensive, and apparently, they stayed there to the end. One day after conducting a preliminary six-hour interview with Olson, Heymann introduced each investigator to the Patriots and outlined their backgrounds at a meeting he later called benign. Yet he also said two weeks ago, "They were frightened from the beginning by the way I introduced people. I said that Jerry O'Sullivan had been US Attorney. I said Jim Ring had been FBI special agent in charge of organized crime."'

Regarding Ortiz, the Globe reported, 'Heymann investigator Carmen Ortiz wrote in a memo of her Oct. 18, 1990, interview with [Lisa Olson] that she took no notes and did not tape-record the conversation. Yet she used direct quotes when writing up her 15-page report on the session. When asked to explain, she referred the Globe to Heymann.' Aside from transcripts of two interviews (the tapes of which were destroyed), the Globe reported the NFL kept no notes on its interviews with 89 other people. '"It was contemplated that there would be a motion such as this [a lawsuit by Olson] and we did not want to create that type of document," an NFL attorney explained. According to the Globe, an attorney representing the Patriots said that 'one reason the tapes were destroyed may be that the NFL did not want anyone to hear raised voices or pounding of tables. He said some of those interviewed were not allowed to leave the room and had their livelihoods threatened if they did not cooperate.' Curiously, the elder Heymann featured prominently in a recently-upheld DOJ motion to keep the names of key people involved in the Aaron Swartz case secret — a postcard threat received by Philip Heymann was cited by Ortiz's office as evidence of why such secrecy was necessary."
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Ortiz-Heymann: the Prior Generation

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