Friedmann had broken no Tennessee law by impersonating a laborer. It is a felony to introduce contraband into a penal facility, but Friedmann technically hadn’t done that, either, because the Downtown Detention Center hadn’t yet opened when he was inside it. The prosecutors considered bringing terrorism charges after Hall theorized that Friedmann had wanted to stage a violent jailbreak to make a political statement. Though this was a seductive explanation, there was no evidence that it had been Friedmann’s intent. Nor did they indict him for evidence tampering: although police had found the hand-drawn schematic of the jail that Friedmann had chewed, it wasn’t clear what, exactly, the map demonstrated, except that he knew the jail’s layout. They didn’t charge him with criminal conspiracy. Conspiracy to do what? One of the prosecutors, Amy Hunter, told me, “If I get up there and I say, ‘I think this is what he was going to do,’ I’ve already lost.”
This story was originally featured on Fortune.com
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