MA - Aaron Hernandez, New England Patriots player, charged with homicides #5

[BUF]

Both sides seek delay in Aaron Hernandez double murder trial

BOSTON -- A judge has agreed to delay the double murder trial of former New England Patriots player Aaron Hernandez by seven weeks.

The trial in the 2012 killings of two Boston men was scheduled to begin Dec. 1. But a judge on Tuesday agreed to move it to Jan. 19.

Prosecutors are seeking evidence held by a law firm that previously represented Hernandez.

No one would say what that evidence is. But the judge did say it relates to a defendant's right to seek confidential legal advice from a lawyer.

In January, the state's highest court ruled that lawyers cannot be forced to turn over a client's cellphone because the client gave the phone to his lawyers while seeking legal advice. The ruling didn't identify the client, but The Boston Globe reported it was Hernandez.

http://espn.go.com/nfl/story/_/id/13878872/both-sides-seek-delay-aaron-hernandez-double-murder-trial

 

[BUF]

The hearing started out live stream this morning & then closed to the public after a long side bar. More about the phone here....

http://www.bostonherald.com/news_op...ndez_double_murder_trial_delayed_until_jan_19

Locke, citing Hernandez’s 5th amendment right to not self-incriminate and 6th amendment right to a fair trial, closed a hearing this morning. Before closing the hearing to the public, he said of the prosecutors’ motions, “One is the motion under our criminal rules for the production of evidence held by a third party the Commonwealth seeks access to ... That physical evidence is currently held by a law firm and third party not currently representing Mr. Hernandez,” Locke said. The other motion pertained to the Commonwealth seeking the issuance of a search warrant, Locke said.

......

But the SJC found Hernandez had turned a cellphone over to his lawyers for “legal advice” in June 2013 — giving their possession of the device protection under attorney-client privilege — and therefore a Suffolk grand jury subpoena that sought to compel Hernandez’s lawyers to surrender the phone was invalid.

.....

Last year, a Suffolk Superior Court judge had approved a grand jury subpoena compelling Hernandez’s lawyers to surrender the phone so it could be used in the double-murder case. Hernandez’s defense team appealed that to the state Appeals Court, which in turn bumped it to the SJC last April, and the judge stayed the order pending the appeal.

SJC justices suggested Suffolk prosecutors were improperly using a grand jury subpoena to obtain the phone when they should have sought a search warrant for the phone’s contents.

The high court did not rule out prosecutors now obtaining a search warrant to acquire the phone’s contents for evidence during the upcoming trial.

Suffolk District Attorney spokesman Jake Wark said, “It’s very likely that the losing party of the decision will appeal,” which could postpone the start of the trial even longer than the new Jan. 19 start date.

 

[Niner]

Thanks for the welcome here BUF! I usually just :lurk: here! Thanks again for the updated date... marking my calendar!

:waiting: for this trial to begin...

 

[geevee]

Susan Campbell ‏@S_E_Campbell · 19h19 hours ago
NEW: Carlos Ortiz has filed a motion to dismiss murder indictment for death of Odin Lloyd. #AaronHernandez @wpri12

Susan Campbell ‏@S_E_Campbell · 19h19 hours ago
Motion: Ortiz was "shocked that Lloyd had been shot and was scared...because #Hernandez had threatened him and his family." @wpri12

Susan Campbell ‏@S_E_Campbell · 19h19 hours ago
Motion: "Carlos Ortiz admits that he was present. Mere presence is not enough..." @wpri12 #Hernandez

 

[geevee]

Brian Fraga ‏@BfragaHN · 48m48 minutes ago
Story: #AaronHernandez's friend seeks to dismiss indictment in Lloyd murder https://shar.es/1uAfgn via @HNNow

 

[BUF]

Aaron Hernandez Denied Motion to Suppress Evidence

A judge has denied Aaron Hernandez's motion to suppress evidence in his upcoming double murder case.
....
Hernandez's defense had hoped the court would throw out evidence discovered in the search of his Toyota 4Runner. Documents from Suffolk Superior Court show that his motion has been rejected.
....
Locke also rejected a request to throw out a charge of witness intimidation against Hernandez.
....
Jury selection is scheduled to begin Jan. 19.

http://www.necn.com/news/new-englan...ed-Motion-to-Suppress-Evidence-342002771.html

 

[borndem]

Marking my calendar -- in pencil...

 

[bluesneakers]

Report: Aaron Hernandez found with knife in prison cell

Former New England Patriots tight end Aaron Hernandez was found with a homemade knife in prison, according to Boston's FOX 25.

Upon discovery of the knife, Hernandez was placed in a segregated unit, according to WHDH Channel 7 news.

 

[borndem]

Report: Aaron Hernandez found with knife in prison cell

Former New England Patriots tight end Aaron Hernandez was found with a homemade knife in prison, according to Boston's FOX 25.

Upon discovery of the knife, Hernandez was placed in a segregated unit, according to WHDH Channel 7 news.

Once a ****, always a ****, I guess. IMHO. He had it all -- in great athletic shape; catching passes from Tom Brady; scoring; great team; great coach. A pretty girlfriend who thought he could do no wrong, multi-million-dollar house. Great contract, but No-o-o-o-o-o, he couldn't leave the old neighborhood out of his life. SMH.

 

[BUF]

Marking my calendar -- in pencil...

Good thing you marked that in pencil...jury selection was supposed to start Jan 19...

http://www.myfoxboston.com/news/lawyers-seek-delay-in-aaron-hernandez-double-murder-trial/10938389

Lawyers seek delay in Aaron Hernandez double murder trial

Late last week, both sides filed a joint motion to delay the start of the trial, citing a pending appeal over evidence in the case.

 

[borndem]

Report: Aaron Hernandez found with knife in prison cell

Well, that's no surprise, is it, folks! His roots are showing. And to get caught with it?

Brilliant,

​

 

[katydid23]

I think he may die a violent death in jail before his next trial.

 

[borndem]

I think he may die a violent death in jail before his next trial.

It could happen -- he looks to be just asking for violence of some kind. Is he just trying to look tuff? Is he after someone in particular? Or is he just looking for a good fight? Or more?

Oh, what he had were mere dreams of so many people, and he had it right there in his hands back in 2010,with the promise of more to come. But no-o-o-o-o-o, he went back to his true roots, IMO, and started looking for a fight. And he found one. Then he went looking for another, and found one. So now he's in jail for life, and he is looking for another. SMH.

 

[Montjoy]

I think he may die a violent death in jail before his next trial.

It could well be -- but by the same token, many people who have celebrity 'outside' enjoy some amount of celebrity and protection 'inside'. Having someone who is famous as a fellow convict makes many other convicts feel more legitimate. It's hard to say. (This would not be the case if he was someone who abused kids, for example -- but a violent guy who also played in the bigs makes a lot of other violent guys feel better about themselves.) So, not trying to start an argument here, but just saying that it's hard to predict.

 

[katydid23]

It could well be -- but by the same token, many people who have celebrity 'outside' enjoy some amount of celebrity and protection 'inside'. Having someone who is famous as a fellow convict makes many other convicts feel more legitimate. It's hard to say. (This would not be the case if he was someone who abused kids, for example -- but a violent guy who also played in the bigs makes a lot of other violent guys feel better about themselves.) So, not trying to start an argument here, but just saying that it's hard to predict.

True. But if they have celebrity status sometimes it makes them a target. Like someone gets street cred for taking them out.

I was just going by his attitude about being 'dissed.' He killed two innocent young men because one of them bumped into him and spilled his drink in a club. That is how far over the edge he is about being 'disrespected.' And everyone around him is as messed up as him about the 'respect' thing since he is in max. So I think he will get in another fight and then another...He has been in a few already and just got caught with a knife.

 

[Montjoy]

True. But if they have celebrity status sometimes it makes them a target. Like someone gets street cred for taking them out.

I was just going by his attitude about being 'dissed.' He killed two innocent young men because one of them bumped into him and spilled his drink in a club. That is how far over the edge he is about being 'disrespected.' And everyone around him is as messed up as him about the 'respect' thing since he is in max. So I think he will get in another fight and then another...He has been in a few already and just got caught with a knife.

Yeah, I agree. Mind you, he's in a holding tank of folks who get itchy about feeling disrespected. He could well have to fight a lot. And as strong as he is, I don't think that football strength will serve him particularly well. But regarding the knife -- that made me think that he was already being protected. I doubt that he would have crafted it himself. He's as smart as a bag of rocks. Also, he's probably been off the 'roids for a while. So, it's just hard to say, but I'm not sold on (or against) any prediction about what will come.

 

[colette]

Oh now his lawyers want to interview a juror, again ...

Attorneys for former New England Patriot Aaron Hernandez want to interview one of the jurors who found him guilty of first-degree murder, citing testimony from a tipster who said the juror may have overheard something about the Boston double-murder the former tight end stands accused of.

http://www.bostonherald.com/news/lo...rneys_want_to_interview_juror_about_south_end

 

[geevee]

I was looking for any news on the start date for the trial (but haven't come across anything), I did find this curious item:

What’s Up With Aaron Hernandez’s Twitter Account And Where Did It Go?

And an article in Deadspin that states the new ink AH sported post conviction is most likely a Bloods tattoo. At least he belongs to a 'team' again. I don't know if linking to deadspin is allowed (mosty because of the irreverent and occasionally uproarious comments on articles) but it's easily googlable.

 

[OkieGranny]

From December 28:

http://www.thesunchronicle.com/devi...cle_c2a14190-adda-11e5-a1a9-d3bf05e4c488.html

Jury selection for the trial was scheduled to begin Jan. 19, but Suffolk Superior Court Judge Jeffrey Locke has granted a motion by defense attorneys and prosecutors for a postponement...

No new date was set for the trial.

 

[BUF]

Judge finds Hernandez tipster unreliable

“I infer that, once Hernandez was convicted, the Source was highly motivated to do something that might help him win his release,” Garsh wrote. “The day after the guilty verdict was rendered, the Source contacted Sultan in order to convey information she thought would help Hernandez. She did not disclose her relationship with Hernandez.”

The woman was introduced to Hernandez through her father while both men were incarcerated at the Bristol County House of Correction, Garsh wrote.

https://www.bostonglobe.com/metro/2...ussing-case/28dXAlzs0jTCbvNI7t0RvI/story.html