Aaron Hernandez

[rigs32]

I am in the minority, but I think he could have won an appeal for the first murder conviction. Much of that case was based on the other case- the one he was acquitted of.

That's not how appeals work. The higher court is looking to see if the procedural and legal decisions in the trial were correct. They do not look at the specific evidence used to obtain the conviction unless it shouldn't have been allowed in. And even then, if the record is clear that a jury could still have reached a guilty verdict, it's often found to be harmless error.

Also, just because Jose Baez is a self-proclaimed best trial lawyer ever in the history of the world does not mean he could effectively argue that appeal. Trial attorneys and appellate attorneys are often very different. Trial lawyers argue to juries. Appellate attorneys argue to panels of judges. You can't charm an appellate court into ruling for your side.

 

[DisneyOma]

I'm very interested in any verified evidence coming out that there was K2 in his system. What I know of how the jail here in our county works, as well as what colleagues here have said about our state prisons, I'd be very surprised if anyone could have gotten into this cell and murdered this man without being detected and stopped. I'm told even a scenario where a rogue guard or guards could potentially have done something like this would be pretty unlikely. A lot of the same reasons that make someone managing to sneak in and murder this high profile prisoner incredibly unlikely really reduce the ability he could get contraband like K2. Not that drugs are unknown in our prisons or even jails, but the high profile of this particular prisoner and what that meant to his particular living situation make that kind of thing particularly difficult.

His celebrity could have made it easier too - he could have had a fan in a prison guard, or some other staff at the facility, and most likely had a group of followers/cronies there among the other inmates.

 

[cabanafrau]

His celebrity could have made it easier too - he could have had a fan in a prison guard, or some other staff at the facility, and most likely had a group of followers/cronies there among the other inmates.

Actually his celebrity is precisely what makes me think he was incredibly safe from outside dangers in his cell. A department of corrections is very, very motivated to protect a prisoner with that type of public stature -- and to be certain reports are not able to be given to the media indicating he got special privileges either. As I said, I'm basing this on what I know about how our county jail handles inmates and what colleagues have had to say about how the state prison system works. I think certain types of procedures and practices in this regard are very likely to carry across state lines with the prison systems. The corridors around his cell were certain to have cameras from what I have been told.

 

[Marchand63]

And now it comes out - he gave away all his belongings to other inmates. That includes a $50k watch to the last person he talked to, a friend in fo armed robbery. He also covered the floor of his cell with soapy water so he couldn't stand up, maybe he was afraid he change his mind.

He committed suicide, although one guard is on paid leave for missing a cell check.

 

[Denise W]

Here is an interesting article that just came out:

http://www.newsweek.com/aaron-hernandez-hidden-sexuality-murder-police-587879

Denise

 

[sunshinehighway]

Simply quoting you because you mentioned motive, not disagreeing with what you said.

Prosecutors and defense attorneys will bring forward suggestions of motive or lack thereof to provide a framework of their theory of a case. Motive is not actually an element of the crime according to the law and is not required in order for a conviction. Jurors are specifically instructed regarding this and are told motive is not part of the prosecution's burden of proof.

I could go out one night and randomly shoot someone in a dark alley. Let's say the person is a stranger to me and there are no witnesses. The police are completely stumped until they wind up with some grainy footage from a surveillance camera in the area. The camera shows a minivan with one door a different color from the rest of the vehicle. At the scene they've also recovered a shell casing with a partial fingerprint on it, but not enough for matching. After an extensive search the police locate me via my minivan, with a now re-painted door matching the rest of the vehicle. They have evidence from a local collision shop that after the shooting I had my entire van repainted a different color, including the door that did not match the rest of the vehicle when I brought it in. I am brought in for questioning and a search warrant is obtained for my fingerprints. I am found to be a possible match to the partial print, but that's as far as they can use that evidence to establish my identity. They have also uncovered evidence I once owned a gun like the one used in the shooting, but I claim to have gotten rid of it years ago. Absolutely zero connection can be established with myself and the victim, offering no motive they can put forth to explain why I would shoot this person. I could nonetheless be charged and convicted even though the prosecution could present no motive whatsoever to the jury.

That's fine. I was really just responding to the post I was quoting. There's a narrative going around that because he was acquitted at the latest trial, his appeal will have more weigh because his conviction was based on his motive being the nightclub shooting. It's just not true.
Yes, it is/was believe that played a big part in his motive in the Lloyd murder but that it wasn't actually allowed in at trial. The idea that his appeal had more weight after the acquittal is just not true. He was convicted without the nightclub shooting coming into play at all. That's really all I was commenting on. His appeal was just standard so the idea that he had a good chance of getting it overturned is silly. There was lots of evidence against him at the first trial.

 

[CookieandOatmeal]

I just saw on the news (I live in MA) that the fiance is now thinking of suing the state for negligence or something along those lines for giving him the opportunity to commit suicide. Seriously move on and just raise your daughter!

 

[Pixiedustaway]

I have heard that per Mass law he is now technically cleared of charges. Anyone know if that is true?

 

[Pea-n-Me]

I have heard that per Mass law he is now technically cleared of charges. Anyone know if that is true?

Yes, it is true.

http://www.masslive.com/news/index.ssf/2017/04/after_aaron_hernandez_suicide.html

"Former NFL player Aaron Hernandez's suicide early Wednesday ended his life and his legal saga, but according to Massachusetts law, Hernandez goes to his grave as an innocent man.

Under a legal doctrine in use in Massachusetts called abatement ab initio, if someone dies after a conviction but before the completion of their appeal, the person's legal records in that matter are wiped clean.

"It will be as if it never occurred," said Martin W. Healy, chief legal counsel for the Massachusetts Bar Association. "The indictment, the complaint, the trial, all of that, in the eyes of the law it is considered null and void."

 

[Pea-n-Me]

I just saw on the news (I live in MA) that the fiance is now thinking of suing the state for negligence or something along those lines for giving him the opportunity to commit suicide. Seriously move on and just raise your daughter!

Yes this video confirms that, and also shows one of the lawyers speaking on behalf of the family about how they haven't been given information directly, that they're getting drips and dribbles about things like the rest of us are also getting drips and dribbles about like messages scrawled on his forehead, soap on the floor, etc.

It seems like the family should be given the information directly, but this, I guess, is the way or our world today. I wouldn't be too happy about that if it were my family member, that's for sure.

Which, I guess, is why they felt the need to preserve evidence. And the judge did grant that request.

I was trying to find video of what the judge said, which was just on our local news a little while ago. I am going to have to go it from memory right now as I can't find it, but basically the judge said he granted the request because (paraphrasing) "the family, the government, and the public have a right to know what happened".

ETA here is a longer version of that video in which Jenkins's lawyer decries the fact that the family was not given almost any information about the suicide, notes, planning, circumstances, etc.

 

[Pea-n-Me]

Here is an interesting article that just came out:

http://www.newsweek.com/aaron-hernandez-hidden-sexuality-murder-police-587879

Denise

I saw that eariler today - info now coming out that he had a gay lover in prison and that supposedly one of the three notes were for him. It was the first I've seen mention of a gay lover from his childhood and that he'd left the biggest bulk of his money in an account for him. Probably another example of, "Where is this news coming from?".

Who knows.

 

[Pea-n-Me]

OK, found it. This is the one I saw on the news and what the judge said.

See video at :44

http://boston.cbslocal.com/2017/04/21/aaron-hernandez-suicide-evidence-jose-baez/

 

[Marchand63]

The theory is that the murder of Lloyd was because of the previous case. He was convicted with circumstantial evidence. His DNA was not found at the scene and he was not shown on camera waving a gun around at his house. His attorneys said he was at the scene - with the others who plea bargained the charges to 4.5-7 years in prison. It seems Hernandez was the bigger fish to catch.
- https://www.si.com/nfl/2017/04/19/aaron-hernandez-prison-suicide-death

He was seen waving the gun both before the homicide & after on his security cameras. His DNA was found near the scene & his fiancée made a deal to save her asss

 

[Pacolovestacos]

I have heard that per Mass law he is now technically cleared of charges. Anyone know if that is true?

Yup he died an innocent man.