Aaron Hernandez's 2015 Murder Conviction Is Thrown Out
19 Mai, 2017, 16:34 | Author: Marie-Claire Cellier
Judge Jeffrey Locke agreed to postpone the double murder trial of Hernandez while prosecutors try to get their hands on evidence now held by a law firm that previously represented him.
But prosecutors in Bristol County, where Hernandez was found guilty in the 2013 killing of Odin Lloyd, argued there is no constitutional right to abatement - prosecutor Pat Bomberg said it instead "is a practice".
She ruled under a common law doctrine known as abatement ab initio, which holds that a defendant's death before an appeal erases the conviction. "This court is compelled to follow binding precedent".
The prosecution had argued that Hernandez's conviction getting overturned would reward his decision to take his own life.
John Thompson, an appellate attorney, maintained that a conviction is not considered to be final until a higher court decides it. He a $40 million contract with the Patriots when he was arrested and charged on June 26, 2013 in the death of Lloyd, who was found shot to death on June 17, 2013 in an industrial park near Hernandez's North Attleborough home.
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. "Rather than have someone with that incomplete decision that they're guilty, the state chooses instead to say the conviction is abated as if it had never happened". Hernandez committed suicide in his cell last month, leaving a number of questions unanswered in the fallout. Hernandez's record will not reflect a conviction as he did not complete the automatic appeals process for his 2015 first-degree murder conviction.
A judge is set to hear arguments in a push by lawyers for former National Football League star Aaron Hernandez to erase his conviction in a 2013 murder.
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