MA - Aaron Hernandez, N E Patriots player, charged with homicides, commits suicide #7

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LEGAL EASE | COMMENTARY
The Impact Of Aaron Hernandez’s Death On His Pending Appeal In The Odin Lloyd Murder Case
April 19, 2017

<snip>While we will never know what was in his head, we do have an inkling about what might happen with his appeal. Hernandez had an automatic right to appeal his murder conviction to the highest court in Massachusetts, the Supreme Judicial Court. A well-regarded team of appellate attorneys at Thompson & Thompson was in the process of representing him in that appeal. Yet, as in most jurisdictions, case law from the SJC recognizes the concept of "abatement by death," the notion that if a defendant dies while appealing a conviction, the general practice is to vacate the judgment and dismiss the indictment. It appears as if the prosecution or a member of a victim's family may contest this result by putting forth a "sufficiently substantial" personal interest as to why it's important to proceed with the appeal. The SJC has also indicated there is little reason to vary from this practice unless novel or unique issues surface in the case.

The abatement-by-death concept has various rationales. The Arizona Supreme Court did a nice job of summarizing them in a 1979 opinion: "The rationale for death abating the criminal conviction is based on the fact that the interests of the state in protection of society have been satisfied, the imposition of punishment is impossible, and collection of fines or forfeiture result in punishing innocent third parties. The death of the defendant renders enforcement of the judgment impossible." http://news.wgbh.org/2017/04/19/new...ath-his-pending-appeal-odin-lloyd-murder-case
 
arkansasmimi said:
Grrr Typical MEDIA



Aaron Hernandez was found dead in his Massachusetts prison cell Wednesday morning of an apparent suicide. Tom Brady announced later Wednesday morning he won&#8217;t join the New England Patriots at the White House due to personal family matters. These are two completely separate events. But People Magazine apparently didn&#8217;t think so, judging by the tweet it sent out Wednesday about both news items. Tom Brady pulls out of the New England #Patriots White House visit after Aaron Hernandez's suicide https://t.co/M19cpicUrM pic.twitter.com/9Ix91Qp1xi &#8212; People Magazine (@people) April 19, 2017 Never mind that Brady is not visiting the White House in order to spend time with his mother, who is recovering from cancer treatments, and that Hernandez&#8217;s death would no bearing whatsoever on what Brady does or doesn&#8217;t do. People still decided to insinuate that Brady skipped out on the White House in part because of the Hernandez news, both in this tweet and the headline of its accompanying story: &#8220;Tom Brady Pulls Out of New England Patriots White House Visit After Aaron Hernandez Suicide.&#8221; In defense of the author, the actual story doesn&#8217;t make the same insinuation, instead referencing Brady&#8217;s statement as his reason for declining to visit President Donald Trump. But to suggest Wednesday&#8217;s two surprising headlines somehow are related is a pretty misguided leap of faith

Read more at: http://nesn.com/2017/04/who-thought-this-tweet-tying-tom-brady-to-aaron-hernandez-was-a-good-idea/
Click to expand...
[video=twitter;854700450272215042]https://twitter.com/people/status/854700450272215042[/video]

People Magazine&#8207;Verified account
@people
9:17 AM - 19 Apr 2017
Tom Brady pulls out of the New England #Patriots White House visit after Aaron Hernandez's suicide http://peoplem.ag/hbCtYbd
 
arkansasmimi said:
LEGAL EASE | COMMENTARY
The Impact Of Aaron Hernandez’s Death On His Pending Appeal In The Odin Lloyd Murder Case
April 19, 2017

<snip>While we will never know what was in his head, we do have an inkling about what might happen with his appeal. Hernandez had an automatic right to appeal his murder conviction to the highest court in Massachusetts, the Supreme Judicial Court. A well-regarded team of appellate attorneys at Thompson & Thompson was in the process of representing him in that appeal. Yet, as in most jurisdictions, case law from the SJC recognizes the concept of "abatement by death," the notion that if a defendant dies while appealing a conviction, the general practice is to vacate the judgment and dismiss the indictment. It appears as if the prosecution or a member of a victim's family may contest this result by putting forth a "sufficiently substantial" personal interest as to why it's important to proceed with the appeal. The SJC has also indicated there is little reason to vary from this practice unless novel or unique issues surface in the case.

The abatement-by-death concept has various rationales. The Arizona Supreme Court did a nice job of summarizing them in a 1979 opinion: "The rationale for death abating the criminal conviction is based on the fact that the interests of the state in protection of society have been satisfied, the imposition of punishment is impossible, and collection of fines or forfeiture result in punishing innocent third parties. The death of the defendant renders enforcement of the judgment impossible." http://news.wgbh.org/2017/04/19/new...ath-his-pending-appeal-odin-lloyd-murder-case
Click to expand...
Maybe "on record" but it saves Lloyd's family the stress of the remote possibility of a retrial...he has already been found "guilty" by a jury...

As for the other two families, although they did not get the verdict they deserved, prison justice, MA style, was served...

Sent from my SM-T377P using Tapatalk
 
In death, Hernandez's murder conviction likely to be tossed
By BOB SALSBERG, ASSOCIATED PRESS BOSTON &#8212; Apr 19, 2017, 12:12 PM ET

Snip>

Hernandez's attorneys can move to have the conviction in the Lloyd case erased, said Martin Healy, chief legal counsel for the Massachusetts Bar Association.

"For all intent and practical purposes, Aaron Hernandez will die an innocent man, but the court of public opinion may think differently," said Healy.

The legal principle is called "abatement ab initio," or "from the beginning." It holds that is unfair to the defendant or to his or her survivors if a conviction is allowed to stand before they had a chance to clear their names on appeal, in case some kind or error or other injustice was determined to have occurred at trial, Healy said.

"It's a surprising result for the public to understand," he added.

All first-degree murder convictions in Massachusetts trigger an automatic appeal. Hernandez's appeal had not yet been heard by the state's high court.

Gregg Miliote, a spokesman for the district attorney's office which prosecuted the Lloyd case, would not comment on the possibility of the conviction being vacated.

Removing a conviction after the death of a high-profile defendant is not without precedent in recent state history.

The child molestation conviction of former Roman Catholic priest John Geoghan, a key figure in the clergy sex abuse scandal that rocked the Boston archdiocese, was vacated after he was beaten to death in 2003 in his cell at the same Massachusetts maximum-security prison.

John Salvi, who convicted of killing two abortion clinic workers and wounding five other people during shooting rampage in Brookline in 1994, also had his convictions tossed after he killed himself in prison. http://abcnews.go.com/Sports/wireStory/death-hernandezs-murder-conviction-tossed-46885991
 
Crazyjster said:
Maybe "on record" but it saves Lloyd's family the stress of the remote possibility of a retrial...he has already been found "guilty" by a jury...

As for the other two families, although they did not get the verdict they deserved, prison justice, MA style, was served...

Sent from my SM-T377P using Tapatalk
Click to expand...
Guess it depends on how one looks at it. All are deceased. And I not convinced that AB didn't kill the 2 that AH was acquitted on. Very much possibility that the real killer or someone just as guilty got immunity. But can't do anything about any of that now.

Just very odd the timing. Have to await for the investigation jmho
 
from an article in 2003
Posted on 9/27/2003, 7:50:33 AM by John W

BOSTON (AP) - A court vacated the child molestation conviction of defrocked priest John Geoghan because he died in prison during his pending appeal, a ruling that angered accusers of the former cleric. The decision Friday by the Massachusetts Appeals Court is customary under state law when convicts die mid-appeal and attorneys seek to have their convictions voided.

Geoghan was not the first high-profile convict whose guilty verdict was voided because of a mid-appeal death. The conviction of John Salvi, who was convicted of murdering two abortion clinic workers in a 1994 shooting rampage at two Boston-area clinics, was voided in 1997 after he apparently committed suicide in his prison cell.

Massachusetts lawmakers tried to close the legal loophole that allowed the conviction to be expunged, but the effort died in the Legislature.
http://www.freerepublic.com/focus/f-news/990540/posts?page=1
 
How very insulting to try to have the Lloyd case erased.
AH should not go down in history as an innocent man ; imo.

Hope the families of his victims can have some closure. AH can never smirk in court again !
 
Though I haven't followed the trial I was shocked to read this about his suicide. I read something about some had twittered (?) believing there's "no way" AH would have committed suicide. Yet I also read he had been on suicide watch back in 2015.
 
Another case
CW: When a defendant dies while his conviction is on direct review, it is our practice to vacate the judgment and remand the case with a direction to dismiss the complaint or indictment, thus abating the entire prosecution. See Commonwealth v. Latour, 397 Mass. 1007 (1986); Commonwealth v. Harris, 379 Mass. 917 (1980); Commonwealth v. Eisen, 368 Mass. 813 , 814 (1975).
http://law.justia.com/cases/massachusetts/supreme-court/volumes/416/416mass247.html


JMHO, bottom line this will be tied up in courts for years to come. Sad for each and everyone involved. Only winners are those that CW granted Immunity. again, JMHO
 
neesaki said:
Though I haven't followed the trial I was shocked to read this about his suicide. I read something about some had twittered (?) believing there's "no way" AH would have committed suicide. Yet I also read he had been on suicide watch back in 2015.
Click to expand...

JMHO it the timing of it all. We don't know what was going on in his head or personal life (other that what seen public). He was just acquitted 5 days ago of 7 charges. Double murder, attempted murder iirc and witness intimidation. Something happened but we don't know what.
 
Aaron Hernandez&#8217;s reported mode of suicide unusual for facility
By Eric Moskowitz GLOBE STAFF APRIL 19, 2017

The executive director of the statewide inmate-advocate organization said she believes Aaron Hernandez&#8217;s death is the first reported successful suicide by an inmate hanging a sheet from a window at the maximum-security Souza-Baranowski prison, as authorities say Hernandez did.

Leslie Walker, executive director of the nonprofit Prisoners&#8217; Legal Services of Massachusetts, which serves indigent inmates, said the state had a worse-than-average inmate suicide rate a decade ago but had done some work to &#8220;suicide proof&#8221; its facilities, such as installing clothing hooks that collapse if too much weight is placed on them.

Walker, from past visits to the prison, described the layout of the standard maximum-security cells there. The windows are small rectangles about three feet off the ground, and the metal frame is flush with the glass, leaving no easy way to slip a sheet through or around the metal, she said.

&#8220;It&#8217;s designed as a supermax prison, so it&#8217;s mostly cement and then the frame around the window is metal,&#8221; Walker said. &#8220;I imagine there would be an opportunity to figure out a way to pry that metal, but I had not heard of it before.&#8221; https://www.bostonglobe.com/metro/2...-for-prison/vo5jlDXI6p9SKK5J19IfqM/story.html
 
Interesting as to why Belichick possibly was on the witness list:
snip

The Patriots&#8217; then-star tight end was in Indy in February 2013 to tell Belichick he was going to spend the bulk of the coming months rehabbing his shoulder in California, rather than Massachusetts. Hernandez told me he was doing so to be closer to Tom Brady, who was spending the offseason in Los Angeles. It was only after Lloyd&#8217;s murder four months later that I found out that was far from the whole story.

I later discovered what Hernandez&#8217;s lawyer, Ronald Sullivan, detailed on WEEI radio in Boston earlier this week. Hernandez told Belichick that day in Indy that, at the very least, he needed to stay away from Foxboro because the heat was on back home in Connecticut. Hernandez broached the idea of a trade to get him out of the area. Belichick told Hernandez he couldn&#8217;t trade him but offered to help with security measures. http://mmqb.si.com/mmqb/2017/04/19/aaron-hernandez-suicide-prison

Insightful article. JMHO

"I had no idea who de Abreu or Furtado were, though their murders had happened just a few blocks from the apartment we were living in Boston&#8217;s Back Bay. Nor had I ever heard of Alexander Bradley, shot in the eye (allegedly by Hernandez) in the weeks between that Super Bowl and the golf tournament where we met Hernandez.
Naturally, now, you retrace all of those experiences and look for signs. On Wednesday morning, after news broke of Hernandez&#8217;s suicide, I texted someone who knew Hernandez well and asked if he was surprised. He answered, &#8220;Not one bit,&#8221; saying that because of Hernandez&#8217;s personality, he &#8220;wasn&#8217;t going to sit in jail the whole time.&#8221;
But plenty of other people, myself included, were surprised. A few months after that night in Indy, I thought back to how Hernandez had his hood pulled over his head during dinner at Mo&#8217;s Steakhouse, and kept looking around. At the time I figured he was just a little distracted. Remember, I bought the story that he&#8217;d turned his life around, bought it hook, line and sinker.
Little did I, or most of us, know what was really going on."
 
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