Interesting Twist to Aaron Hernandez Suicide

Submitted by FauxMo on

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…

FauxMo

April 19th, 2017 at 8:18 PM ^

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... 

UMProud

April 19th, 2017 at 8:32 PM ^

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 .

julesh

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.

Dylan

April 19th, 2017 at 8:14 PM ^

Exactly this. I have heard it was actually an incredibly well-though-out decision when you take his estate / daughter into account.

Yessir

April 19th, 2017 at 8:17 PM ^

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.

B-Nut-GoBlue

April 19th, 2017 at 9:23 PM ^

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?!

Gr1mlock

April 19th, 2017 at 8:25 PM ^

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.  

mongoose0614

April 19th, 2017 at 9:46 PM ^

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.

 

 

DCGrad

April 19th, 2017 at 8:30 PM ^

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.

Erik_in_Dayton

April 19th, 2017 at 10:23 PM ^

The facts will be re-heard in any civil suit if the case doesn't settle first. The only possible effect here is that the jury in the civil suit is aware that Hernandez was found guilty by a jury in the criminal case but that he died not guilty - though still incarcerated - because his appeal was pending and that this somehow makes one or more of them inclined to lean in his direction. That would take a very odd jury...Edit: Here's a different perspective from a law professor in Boston. As I think about it, she's probably right that this might have some effect on the civil suit, though not a decisive one in all likelihood. http://www.cnn.com/2017/04/19/us/aaron-hernandez-conviction-abatement/i…

NicholsArboretum

April 19th, 2017 at 8:41 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

Mr. Yost

April 20th, 2017 at 7:54 AM ^

Brring! Brring! Oh Juanito, you've done it again...we hit big buddy! STRIKE 3! (Finding any number of reasons to show the world his belly) ...sorry, love me some Papi. Okay sorry, he may or may not have made his civil case easier...OJ was smart for moving to Florida. Carry on.

JClay

April 19th, 2017 at 9:17 PM ^

While the Hernandez estate is still potentially liable to a civil proceeding, I thought the issue with this "not technically guilty" thing is Hernandez's NFL pension -- which is immune to a civil judgment -- is now potentially extant again. /I am not a lawyer