lakeelmoleader.com
lakeelmoleader.com September 21, 2017


Judge to hear arguments on bid to erase Hernandez conviction

10 May 2017, 04:33 | Marlene Fleming

Thanks to an odd technicality, former Florida standout tight end Aaron Hernandez had his 2015 murder conviction thrown out Tuesday by a MA judge.

Jose Baez, who defended Hernandez in his latest trial and is famously known as being the attorney for Casey Anthony, spoke to TMZ about the situation with Hernandez's contract and the contact he's had with the tight end's former agents.

"I know everyone is looking for me to be angry, but I'm not", Ursula Ward, the mother of Odin Lloyd, told reporters through tears shortly after the decision came down. They argued that while MA may practice abatement when someone dies before their appeals are heard, it's not a constitutional right.

Due to a "binding precedent" Garsh said a legal doctrine calls for erasing convictions when the defendant dies.

Speaking at a press conference after Quinn, Ward said she found strength in her faith in God.

However, Judge Susan Garsh sided with Hernandez's lawyers.

First, one fellow inmate told authorities that Hernandez had mentioned he heard a "rumor" about the abatement rule, according to the court documents.

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On April 19, Hernandez was found naked hanging from a bed sheet in his cell at the Souza-Baranowski Correctional Center in Shirley, Massachusetts, the Worcester County District Attorney's Office said. "This court can not know why Hernandez chose to end his life", she said, noting that suicide is a "complex act that may have myriad causes".

Prosecutor Patrick Bomberg argued that Aaron Hernandez's conscious decision to end his life for the reason of having his conviction vacated is enough reason not to do it.

Prosecutors have said that they plan to file an appeal of the vacated conviction.

If Hernandez essentially had no murder conviction, the logic went, then the Patriots and National Football League would no longer have any grounds to continue withholding large sums of money from him or his estate, as they had done since he was first arrested.

On April 17 of this year, Hernandez was acquitted of a 2012 double-murder charge in the deaths of Daniel de Abreu and Safiro Furtado in Boston.

MA courts have generally recognized a legal rule called "abatement ab initio", or abatement, in which convictions are thrown out if a defendant dies before their appeal is heard.

Hernandez's appellate attorneys have made their request under a long-standing legal principle holding that when defendants die before their direct appeal is decided, their convictions are vacated. The issue is relevant because Lloyd's mother has brought a wrongful death suit against Hernandez's estate.



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