Interesting Twist to Aaron Hernandez Suicide
Apparently, because of a legal rule called "abatement" in Massachusetts, Hernandez will be deemed legally innocent in the Odin Lloyd case - not the case he was just acquitted in, but the original case where he was already found guilty and sentenced to life. This is because he had filed an appeal that never was able to progress through the legal system, leaving open the possibility of his innocence. And because of this, Hernandez - technically - died an innocent man.
To any MGoLawyers out there, does this have ramifications for any civil proceedings against Hernandez? I would imagine it has to. And I'm not saying it does, but this could help explain both the why and the timing of his suicide, assuming Hernandez knew about abatement.
Link: http://www.cnn.com/2017/04/19/us/aaron-hernandez-conviction-abatement/i…
So the idea was to save his estate for his family by making the civil case 10x harder?
I have no idea if there is any sliver of truth in this, of course. Again, not an MGoLawyer, but I am sure civil cases can still proceed regardless. But I know that a conviction in a criminal case makes a corresponding civil case a virtual slam-dunk. At the very least, I would think this makes it somewhat less likely his estate gets completely gutted in civil proceedings, leaving something for his fiance and child. But I would really like to hear what a lawyer on here thinks...
The suicide didn't make sense given his acquittal a few days prior. This makes more sense at least to me. How he received this scenario info would be interesting...jailhouse lawyer maybe? If his estate is worth a few bucks this theory is plausible .
April 19th, 2017 at 11:05 PM ^
My understanding is this will have no bearing on the civil cases, but it will mean his family is entitled to his NFL pension and any money they owe him. And NFL pensions cannot be touched by the civil cases. That's why OJ Simpson was able to live so well despite owing millions to the Brown and Goldman families.
Yeah i speculated this yesterday when a lawyer from MA in the other thread mentioned the case would be dropped. That's probably the winking at his daughter in court and all that
If so, can there be a civil claim against him Lloyd murder? Was that what he was trying to avoid? Protect his assets for his family?
This whole thing is really weird.
EDIT... I TYPE SLOW. READ POSTS ABOVE THIS ONE.
April 19th, 2017 at 10:53 PM ^
April 19th, 2017 at 11:06 PM ^
I remember that...Ken Lay had been found guilty and died of a heart attack before an appeal was concluded and the conviction was set aside.
April 20th, 2017 at 10:56 AM ^
Are you sure about that? That he is dead? If so, I have a bridge to sell...
I always thought Lay's death was suspicious. For a while I even thought he faked his death (sorry for the conspiracy theory)
Holy shit. Always a loophole. What a decent man, him, sacrificing himself like that. (yank yank)
I mean, is this Baez'* doing and possible plan?! Geraldo's annointed "best defense attorney, ever".
*Baez's?!
I'm a lawyer but practice neither criminal law nor in Massachusettes, so take my commentary for a grain of salt. That said: it might help Hernandez's estate odds of winning but not much. The standard of proof in civil court is significantly lower than criminal court, and it's far from unheard of someone to be found not guilty in criminal court but guilty in civil for the same conduct (OJ Simpson being the most famous of these instances probably). And beyond that, if there was sufficient evidence to convict the first time around in criminal court, there almost certainly would be in civil; plus, odds are the jury will be aware of the criminal conviction (regardless of if the legal record shows something different) and it'll be almost impossible not to take that into account.
Well put, thanks for the insight.
Great insight, thanks!
I would still be very, very interested to know if Hernandez knew anything about abatement. It sounds almost like a made-for-TV movie plot, if so...
But I agree with everything you said. I am a lawyer as well but neither in the criminal context nor in MA.
or was it Pre-Med?
April 19th, 2017 at 10:13 PM ^
I always login to upvote It's Always Sunny references. Especially when I'm drunk on a Wednesday.
April 19th, 2017 at 11:18 PM ^
people that get drunk on weekdays.
They have not received squat. 30 million is a number they can get but they will never see it.
OJ has his estate protected. Judgements do not have authority over life insurance, annuities, retierment accounts, pensions or primary residence in Florida where he is a residence.
impact on the civil case. Think of the OJ saga. He was found not guilty in the criminal court and still had to pay a bunch of money. The civil case requires only a perponderrance (50.1%) of the evidence that Hernandez caused the death of the victim. The criminal charge requires guilt beyond a reasonable doubt which is a much higher threshold.
Side note: he was likely convicted of first degree murder based on his sentence. A wrongful death civil suit covers most situations where one party caused the death of another like first degree murder, second degree murder, manslaughter. Massachusetts isn't saying that Hernandez didn't kill Lloyd, but that Hernande isn't a first degree murderer. It's semantic and lawyer-y but that's how it works.
April 19th, 2017 at 10:23 PM ^
This is just another example of why Title IX cases don't and shouldn't follow criminal law. The criminal system is designed to go out of its way to NOT find someone responsible unless almost every human being on the planet would agree with the outcome and every known procedural remedy is pursued to the bitter end. I'm not saying I disagree with this outcome in this setting, but trying to apply these standards to employment law disputes or in cases involving Title IX violations completely ignores the context in which the criminal system exists (to only deprive people of their freedom if their guilt is painfully obvious) and the outcomes that derive from such a purposely tilted system. AH is an innocent (dead) man today, and literally nothing supports that he is not guilty . . . except the criminal justice system. /soapbox
April 20th, 2017 at 10:19 AM ^
Let's not step in this one today, please.
He follows/followed the Jose Fernandez accident closely, so he should know the estate is being sued by the family of the other people/person who died on the boat.
April 19th, 2017 at 10:23 PM ^
April 19th, 2017 at 10:02 PM ^
Sorry he wasn't able to straighten out his life, but I hope any innocent victims aren't screwed.
Not as sorry as his murder victims
I mean, his daughter isn't responsible for his crimes and she should not have to suffer through the loss of his NFL pension.
shoudl the families fo those he killed or injured have to suffer?
Cranky Dave: Your avatar looks like the ultimate men's divorce lawyer