A MA judge is set to hear arguments concerning attempts to have former New England Patriots tight end Aaron Hernandez's murder conviction tossed out. Hernandez, 27, was convicted of murdering an acquaintance in 2013. Based on her ruling, Judge Garsh made it clear that, based on MA law, she had no choice but to clear the conviction.
In a hearing Tuesday morning, lawyers for the Commonwealth of MA argued that Hernandez lost his right to abatement when he took his own life, claiming he did so intentionally because he knew his conviction would be thrown out. Due to a "binding precedent" Garsh said a legal doctrine calls for erasing convictions when the defendant dies.
Superior Court judge Susan Garsh said that as there was "no reason to recognise any exception" in Hernandez's case, she would overturn his murder conviction. Her attorney, Douglas Sheff, said he doesn't believe the civil case will be undermined by the dismissal of Hernandez's conviction.
However, Hernandez's appellate attorneys filed paperwork on Tuesday asking the judge to ignore how he died.
The ruling means that Hernandez, despite the jury's guilty verdict two years ago, is now considered an innocent man. The doctrine required the reversal of a conviction of a defendant whose appeal has not been heard. The prosecutor added Hernandez forfeited his right to appeal by taking his own life and that more courts in the country where moving away from allowing abatements. Prosecutors argued that Hernandez's suicide was a calculated move.
It's still unclear how the financial part of this saga will shake out, but if the Patriots are on the hook for millions of dollars in payouts to the Hernandez family, that might be good news for the family of Lloyd, his victim. When [God] says the battle is over, the battle is over.
Oil jumps on US stockpile drop
The US production has risen to 9.3 million barrels a day, closing in on the leaders Russian Federation and Saudi Arabia. The current deal should be sufficient to get OPEC to its inventory target assuming compliance remains high, she said.
In 2003, former priest John Geoghan was murdered in prison and the court vacated his conviction for indecent assault and battery. This fact is indisputable.
The prosecutor has said he plans to appeal the judge's decision.
Despite the tragic ending to Aaron Hernandezs life, he should not reap the legal benefits of an antiquated rule, Quinn said.
Upon hearing the ruling, Lloyd's sister, Olivia Ward, burst into tears, leaving the courtroom alongside Lloyd's mother, Ursula Ward, and Lloyd's girlfriend, Sheneah Jenkins, who is also the estranged sister of Hernandez's fiancée Shayanna Jenkins-Hernandez.
Terms of the settlement were undisclosed, but the Globe said that legal experts confirmed that such settlements nearly always include ironclad protection against any new information coming to light, meaning the Patriots would not owe Aaron Hernandez another dime of the money from his contract under any circumstances. "And that's the victory that I have that I am gonna take with me", she said.
"I told you what was coming indirectly!"