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[Sanjuro]

http://www.nfl.com/news/story/0ap30...s-to-erase-aaron-hernandezs-murder-conviction

FALL RIVER, Mass. -- Former NFL star Aaron Hernandez's conviction in a 2013 murder can be erased because he died before his appeal was heard, a judge ruled Tuesday.

Judge E. Susan Garsh said a legal doctrine that calls for vacating convictions when a defendant dies before an appeal can be heard was binding precedent. She said she was compelled to follow it.

The former New England Patriots tight end hanged himself in his prison cell last month while serving a life sentence on a first-degree murder conviction in the death of semi-professional football player Odin Lloyd. He died five days after being acquitted in a separate double slaying in 2012.

Prosecutor Patrick Bomberg had argued that Hernandez "should not be able to accomplish in death what he could not accomplish in life."

Hernandez's appellate attorney told the judge that the state's highest court has applied the legal doctrine "without exception," even in cases of suicide.

In a court filing last week, Bristol District Attorney Thomas Quinn III argued that a defendant's death while an appeal is pending does not always require what is known as "abatement," including when "a defendant's death is a result of his own conscious, deliberate and voluntary act."

Hernandez's appellate lawyers say his conviction in the Lloyd case is not considered final because the automatic appeal he was entitled to had not been heard at the time of his death.

Hernandez, who grew up in Bristol, Connecticut, and played football at the University of Florida, was considered an up-and-coming star during his three seasons with the Patriots. He was cut from the team hours after his arrest in the killing of Lloyd.

 

[oatmeal]

It boggles my mind that the Pats can't get out of his salary.

 

[Sephzilla]

Sounds like the law should be updated to exclude suicide

 

[Skellig Gra]

What a stupid law. At least make them go through with the appeal if they want a shot at it being overturned.

 

[Vinsanity.]

If he were to come back to life, he could rejoin the Patroits!

 

[Jenov]

Did he kill himself knowing this? lol what bullshit

 

[WedgeX]

So he goes down as legally not a murderer and his victims' families don't get actual closure because he took his own life?

Update the hell out of that law.

 

[2Smashed4U]

Now the victims family can't sue his estate

 

[ElBoxyBrown]

Do the Pats have to pay his family?

 

[PassiveObserver]

Hopefully now he can begin to rehabilitate his reputation.

 

[Megalosaro]

So he goes down as legally not a murderer and his victims' families don't get actual closure because he took his own life?

Update the hell out of that law.

They're probably going to get a pretty big pay day out of this.

 

[Sanjuro]

Did he kill himself knowing this? lol what bullshit

Based on the information I've heard, he actually was aware of this at the very least. It being the lone reason he killed himself hasn't been determined.

 

[Ovid]

Did he kill himself knowing this? lol what bullshit

Apparently, yes.

I saw it it on the news last week that he mentioned this is some writings that he had.

 

[Random Painted HIghway]

Disgusting, but it's not like this is the first time this law has worked like this.

 

[2Smashed4U]

Did he kill himself knowing this? lol what bullshit

Likely so

http://deadspin.com/aaron-hernandez-told-his-fiancee-shed-be-rich-in-suicid-1794886712

 

[Volimar]

That crafty son of a gun! I bet he's laughing all the way to the....oh...oh right.

 

[Alpha Centauri]

Sounds like the law should be updated to exclude suicide

Then there is an incentive for a person to get suicided. Even though society needs a level of trust of law enforcement, there have been some shady deaths while in police custody that have been ruled suicide throughout history.

 

[jmdajr]

Do the Pats have to pay his family?

This is what I want to know.

 

[Hari Seldon]

Now the victims family can't sue his estate

I'm pretty sure they can still sue. OJ's victims still sued and won and he was acquitted by a jury.

 

[GoldenEye 007]

That crafty son of a gun! I bet he's laughing all the way to the....oh...oh right.

Well the lasting issue might be that the victims family may have a harder time getting financial restitution from his estate.

 

[Sanjuro]

This is what I want to know.

The answer is probably. It's slightly over $1M and I'm not sure what legal fees will be.

 

[Crimson_Gold]

Do the Pats have to pay his family?

I believe so

 

[Skellig Gra]

This is what I want to know.

Technically speaking yes. The relief the Pats got was based on a criminal conviction.

 

[kirblar]

I'm pretty sure they can still sue. OJ's victims still sued and won and he was acquitted by a jury.

Standard of evidence in a civil case is much, much lower.

 

[Angry Grimace]

Now the victims family can't sue his estate

Why would they not be able to sue his estate

 

[Dr.Acula]

Now the victims family can't sue his estate

I think is has to do with the state law, unfortunately. OJ Simpson was successfully sued despite actually being exonerated in a court of law. A civil case can proceed even when no criminal charges have been laid. I believe that in this case, because of the state law the evidence can't be accessed for a civil case. I looked it up once and it was real inside baseball, but yes, I believe the families of the victims have no recourse.

 

[Volimar]

Well the lasting issue might be that the victims family may have a harder time getting financial restitution from his estate.

I doubt it. Civil suits have a lower bar to fulfill than criminal trials.

 

[Sato Koiji]

Overturned for money reasons.

 

[FinaruDensetsu]

Now the victims family can't sue his estate

Yes they can. OJ was found innocent and we know how the civil trial went.

Civil burden of proof is a preponderance of the evidence which is a lower standard than the beyond a reasonable doubt standard in criminal.

 

[Hari Seldon]

Standard of evidence in a civil case is much, much lower.

Yeah, which is why they can still sue. If they can sue in OJ's case where he was acquitted, they can certainly sue in this case when he was convicted.

 

[2Smashed4U]

I'm pretty sure they can still sue. OJ's victims still sued and won and he was acquitted by a jury.

Why would they not be able to sue his estate

There's technically no evidence now because thanks to MA law the evidence is now vacated

I think is has to do with the state law, unfortunately. OJ Simpson was successfully sued despite actually being exonerated in a court of law. A civil case can proceed even when no criminal charges have been laid. I believe that in this case, because of the state law the evidence can't be accessed for a civil case. I looked it up once and it was real inside baseball, but yes, I believe the families of the victims have no recourse.

Yeah this^

 

[GoldenEye 007]

I doubt it. Civil suits have a lower bar to fulfill than criminal trials.

In general yes, but who knows if there are quirks to MA law on this versus California law.

 

[ColdPizza]

Did he kill himself knowing this? lol what bullshit

That's what I'm thinking.

 

[jmdajr]

Technically speaking yes. The relief the Pats got was based on a criminal conviction.

But are there not other convictions as well? Do those count? Illegally owning a firearm etc.

 

[Jenov]

A piece of shit even through death just to spite his victims and save his cash through a stupid loophole law. Rot in hell, hernandez.

 

[2Smashed4U]

But are there not other convictions as well? Do those count? Illegally owning a firearm etc.

I'm thinking league policy might have allowed them to do so.

Didn't they get part of a signing bonus or something back from him though? That they might have to repay out

 

[The Last Wizard]

Now the victims family can't sue his estate

If true this is fucked up considering I saw a few people saying he was a good dad for doing this and providing for his daughter.

 

[The Albatross]

Do the Pats have to pay his family?

According to a Globe article after Hernandez' death, this is unlikely. The team settled with Hernandez as he was in breach of contract, and even if he lived and were found guilty (or not guilty), he would not receive any of the Patriots' guaranteed money that he forfeited by breaching contract. Even if you're found not guilty of a more important charge, being guilty of a lesser charge or association in a lengthy murder trial and conviction would likely be grounds for breach of contract:

https://www.bostonglobe.com/sports/...om-patriots/q1lDGaTyyElNoSBAHwSgJM/story.html

Does the legal technicality entitle Hernandez to recover any or all of the $5.91 million that was previously guaranteed in his contract but the Patriots withheld after his arrest?

...

[T]he likely answer is simple: No, he is not. Even without a conviction on the books, Hernandez almost certainly was in breach of his contract.

And it's a moot point, anyway. NFL Players Association records show that the Patriots and Hernandez settled a grievance that Hernandez filed in 2014. The settlement gave the Patriots a salary cap credit of $1.184 million, indicating a Patriots win. Additionally, according to Joel Corry — an attorney, salary cap expert, and former NFL agent — grievance settlements almost always tie up all loose ends.

”Typically when there's a settlement, there's some sort of catch-all language: ‘This will resolve all claims known or which could be known in the future,' " Corry said. ”I haven't seen too many settlements which don't have some type of form of that kind of language."

...

According to Paragraph 35 (c) of Hernandez's contract, which was obtained by the Globe, ”Player represents and warrants to the Club that . . . no circumstances exist that would prevent Player's continuing availability to the Club for the duration of the Contract." Article 4.9 (a) of the NFL's collective bargaining agreement also states that ”any player who . . . is unavailable to the team due to conduct by him that results in his incarceration . . . may be required to forfeit signing bonus . . . for each League Year in which a Forfeitable Breach occurs."


...

The Patriots weren't able to release Hernandez without any implications. In 2013 they ultimately took a $2.55 million salary cap hit, and $7.5 million in 2014, to account for the remaining portions of Hernandez's signing bonus. Hernandez officially came off the books in the 2015 season.

But the grievance settlement should end any talk of Hernandez's team being able to collect any more money.

The article states Hernandez still qualifies for his NFL pension through the collective bargaining agreement, which could be garnished either by victims in a civil suite. Still, the victims' families have to prove this in court.

Further, Corry, the attorney in this settlement, suggests that even if he's found not guilty of murder, that doesn't mean he hasn't breached his contract by being involved in these murders... Which Hernandez undoubtedly was, even by his own testimony and lawyer's arguments. A civil suit bringing up wrongful death and other associated charges could allow the victims families to garnish the wages from either his settlement with the Patriots or his league pension. I can't imagine the league pension would be too high because he was only in the league, under contract, for a few years, and your pension is a percentage of that.

 

[ZeoVGM]

That is fucking insane.

 

[ForsakenLotus]

This law has to change. I mean it doesn't even pass the common sense test, let alone actual logic and reasoning.

 

[Hickbilly Deluxe]

Now the victims family can't sue his estate

Guy may have figured this out, then offed himself as one final FUCK YOU to the victim and their family.

Also, update that law. Jesus.