Aaron Hernandez: Double and Single Homicides
Former New England Patriot, Aaron Hernandez, was found guilty of first degree murder of Odin Lloyd and now is in trial facing a double homicide of De Abreu and Furtado. Hernandez was sentenced to life in prison without parole for his first conviction. The motive for the double murders seems like it was something as trivial as a spilled drink at a club.
The jury deliberated for over 35 hours during his first trial regarding the Lloyd murder. Hernandez's attorneys are seeking an appeal, but the evidence clearly supports the jury's decision even though they lacked the murder weapon and any eye witnesses. His attorneys say that "no rational jury" would have convicted him because there was not enough evidence to convict.
The double homicide verdict looks fairly cut and dry. The prosecution has the murder weapon( .38 caliber gun) and they also have an eye witness who was in the car with De Abreu and Furtado and was injured in the attack, and security footage of Hernandez and Bradley at the approximate time and place of the murders, as well as a car given Hernandez as payment for promotional work that matches the description of the vehicle involved in the homicides.
Comments from Allen: The prosecution would love to tell jury #2 that Hernandez has already been convicted of murder in another case. Normally, the prosecutor is allowed to introduce evidence of other felony convictions which occurred in the ten year period directly preceding the trial. However, with Hernandez' first murder conviction now on appeal, the court will probably not allow evidence of that in trial #2. In the event that first conviction is overturned next year, allowing jury #2 to hear about a conviction that was later overturned would taint the entire second trial, so I do not expect that evidence to come in.
Aaron has been a bad boy, and a busy one at that. If 3 murders were not enough, he is also facing a civil lawsuit by Alexander Bradley, a former friend whom Aaron shot in the face at point-blank range. Alexander Bradley was in a car with Hernandez when Hernandez allegedly shot and killed two people in a drive-by shooting on the streets of Boston.
It is unusual that a victim of a shooting bothers to sue the perpetrator, because no insurance covers a criminal defendant for committing intentional crimes. However, when the crime is committed by a high-profile sports figure like Hernandez (or OJ Simpson), the lack of insurance is not so much a concern, as there should be assets available to pay a judgment. One wrinkle in the Hernandez situation is that he is serving a sentence for murder and will thus be unable to attend the civil trial. The jury in the civil trial concerning Alexander Bradley will not be told Aaron Hernandez can't be at trial because he is a convicted murderer; they will be told he can't be at trial because he has "legally sufficient" reasons for not being present, and his lack of attendance may not be considered evidence.
Whether or not the absence of Mr. Hernandez can be considered evidence in the Bradley trial, the jury will certainly take the lack of testimony and presence of Mr. Hernandez into account. Jurors, and jurors' time, must always be given respect. Since the jurors had to leave their jobs and families to consider the outcome of the civil case, they will slam Hernandez for not showing up for his own trial, regardless of the reason.
As to the double murder trial coming up soon, the case against Hernandez is much stronger than the trial for the murder of Odin Lloyd. Jury selection to begin December 1, 2015; jury trial is set to begin January 4, 2015. Hernandez' appearance at that trial is mandatory.Unlike civil trials, when someone has a charge brought against them in a city other than that in which they are staying, due process requires they be present at all stages of the proceedings. If a criminal defendant is in prison, they will be released to testify in a criminal trial. Allowing a prisoner to be transported to a civil trial is within the judge's discretion. Excluding a criminal defendant from participating in a criminal trial is not; either the defendant is present or the trial does not take place.
http://www.bostonglobe.com/metro/2015/04/16/despite-life-term-many-issues-still-pending-for-aaron-hernandez/MgtdYQoDzAU1LY03G9FntK/story.html
http://www.cnn.com/2014/05/15/justice/aaron-hernandez-indictment/
http://www.cnn.com/2015/04/15/us/aaron-hernandez-verdict/
http://www.foxsports.com/nfl/story/aaron-hernandez-murder-case-timeline-051414
http://www.sportingnews.com/nfl/story/2015-05-14/aaron-hernandez-appeal-first-degree-murder-odin-lloyd-new-england-patriots
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Photo Source: Faith Ninivaggi from the Boston Herald
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The double homicide verdict looks fairly cut and dry. The prosecution has the murder weapon( .38 caliber gun) and they also have an eye witness who was in the car with De Abreu and Furtado and was injured in the attack, and security footage of Hernandez and Bradley at the approximate time and place of the murders, as well as a car given Hernandez as payment for promotional work that matches the description of the vehicle involved in the homicides.
Comments from Allen: The prosecution would love to tell jury #2 that Hernandez has already been convicted of murder in another case. Normally, the prosecutor is allowed to introduce evidence of other felony convictions which occurred in the ten year period directly preceding the trial. However, with Hernandez' first murder conviction now on appeal, the court will probably not allow evidence of that in trial #2. In the event that first conviction is overturned next year, allowing jury #2 to hear about a conviction that was later overturned would taint the entire second trial, so I do not expect that evidence to come in.
Aaron has been a bad boy, and a busy one at that. If 3 murders were not enough, he is also facing a civil lawsuit by Alexander Bradley, a former friend whom Aaron shot in the face at point-blank range. Alexander Bradley was in a car with Hernandez when Hernandez allegedly shot and killed two people in a drive-by shooting on the streets of Boston.
It is unusual that a victim of a shooting bothers to sue the perpetrator, because no insurance covers a criminal defendant for committing intentional crimes. However, when the crime is committed by a high-profile sports figure like Hernandez (or OJ Simpson), the lack of insurance is not so much a concern, as there should be assets available to pay a judgment. One wrinkle in the Hernandez situation is that he is serving a sentence for murder and will thus be unable to attend the civil trial. The jury in the civil trial concerning Alexander Bradley will not be told Aaron Hernandez can't be at trial because he is a convicted murderer; they will be told he can't be at trial because he has "legally sufficient" reasons for not being present, and his lack of attendance may not be considered evidence.
Whether or not the absence of Mr. Hernandez can be considered evidence in the Bradley trial, the jury will certainly take the lack of testimony and presence of Mr. Hernandez into account. Jurors, and jurors' time, must always be given respect. Since the jurors had to leave their jobs and families to consider the outcome of the civil case, they will slam Hernandez for not showing up for his own trial, regardless of the reason.
As to the double murder trial coming up soon, the case against Hernandez is much stronger than the trial for the murder of Odin Lloyd. Jury selection to begin December 1, 2015; jury trial is set to begin January 4, 2015. Hernandez' appearance at that trial is mandatory.Unlike civil trials, when someone has a charge brought against them in a city other than that in which they are staying, due process requires they be present at all stages of the proceedings. If a criminal defendant is in prison, they will be released to testify in a criminal trial. Allowing a prisoner to be transported to a civil trial is within the judge's discretion. Excluding a criminal defendant from participating in a criminal trial is not; either the defendant is present or the trial does not take place.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.
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Sources for more information:
http://www.bostonglobe.com/metro/2015/04/16/despite-life-term-many-issues-still-pending-for-aaron-hernandez/MgtdYQoDzAU1LY03G9FntK/story.html
http://www.cnn.com/2014/05/15/justice/aaron-hernandez-indictment/
http://www.cnn.com/2015/04/15/us/aaron-hernandez-verdict/
http://www.foxsports.com/nfl/story/aaron-hernandez-murder-case-timeline-051414
http://www.sportingnews.com/nfl/story/2015-05-14/aaron-hernandez-appeal-first-degree-murder-odin-lloyd-new-england-patriots
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