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DA Appeals Ruling That Vacated Aaron Hernandez's Murder Conviction
WCVB ^ | Jun 23, 2017

Posted on 06/23/2017 12:47:44 PM PDT by nickcarraway

Massachusetts prosecutors on Friday appealed a court ruling that erased former NFL star Aaron Hernandez's murder conviction in the 2013 killing of a semi-professional football player.

Hernandez's conviction in the fatal shooting of Odin Lloyd was voided after the former New England Patriots player killed himself in prison. Under a long-held Massachusetts legal principle, courts typically erase the convictions of defendants who die before their direct appeals can be heard.

Bristol District Attorney Thomas Quinn III filed an appeal with a single justice of the Supreme Judicial Court on Friday. He called the rule "archaic" and said it "does not serve the public interest."

"A defendant who commits suicide should not be able to manipulate the outcome of his post-conviction proceedings to achieve in death what he would not be able to achieve in life," Quinn said.

Hernandez's appellate attorneys, John Thompson and Linda Thompson, could not immediately be reached for comment. A message was left at their office in Springfield.

Hernandez took his own life in April days after he was acquitted in a separate, 2012 double slaying in Boston.

The legal principle known as abatement ab initio, or "from the beginning," holds that a conviction should not be considered final until an appeal in the criminal case can determine whether mistakes were made that deprived the defendant of a fair trial.

In their appeal Friday, prosecutors argue that some states have moved away from automatically erasing convictions when defendants die before appeals can be heard. More than a dozen states allow appeals to continue even after death and only dismiss convictions when the appellate court finds that a new trial would have been warranted.

Prosecutors said courts should strike a balance between the rights of defendants and the rights of victims. Lloyd's mother fought back tears after a judge voided Hernandez's conviction in her son's killing.


TOPICS: Crime/Corruption; Culture/Society; Extended News; News/Current Events
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1 posted on 06/23/2017 12:47:44 PM PDT by nickcarraway
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To: nickcarraway

Hernandez’s lawyers- “The good news, Aaron, is that we have a foolproof way to overturn your conviction. The bad news is that you have to kill yourself.”


2 posted on 06/23/2017 1:06:46 PM PDT by jalisco555 ("In a Time of Universal Deceit Telling the Truth Is a Revolutionary Act" - George Orwell)
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To: jalisco555

At this point take care of the children. I don’t know what the right answer is.


3 posted on 06/23/2017 3:15:49 PM PDT by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: nickcarraway

This is a damnable publicity stunt by the State. The rule is not “archaic”, it is the law. It is simple that no conviction is a final judgment until the direct appeal is resolved. If a direct appeal has upheld a judgment then it is final even if discretionary appeals are filed or pending, such as to the Supreme Court or a petition in habeas corpus.

They are just trying to hurt the children and save the Patriots $15 Million in salary Hernandez had coming under his contract.


4 posted on 06/23/2017 6:34:55 PM PDT by shalom aleichem
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To: shalom aleichem
They are just trying to hurt the children and save the Patriots $15 Million in salary Hernandez had coming under his contract.

His suicide may cause his conviction to be vacated, but his estate can be sued by private parties in civil actions unless his assets were vested in such a way to make them judgment proof. If they were structured as insurance policies; well, those are pretty much untouchable.

5 posted on 06/23/2017 10:59:32 PM PDT by WASCWatch
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