> Even if he lost, and spent a year or a few years in jail (potentially out on appeal), he wouldn't have been dead, and could have continued the fight.

How optimistic of you. The chargest totaled over 50+ years in prison[0][1].

[0] http://lessig.tumblr.com/post/40347463044/prosecutor-as-bull... [1] http://www.techdirt.com/articles/20120917/17393320412/us-gov...