Please ensure Javascript is enabled for purposes of website accessibility
Court Urged to End Rule That Erased Hernandez's Conviction
By admin
Published 5 years ago on
November 9, 2018

Share

BOSTON — A legal principle that erased former New England Patriots player Aaron Hernandez’s murder conviction after he killed himself in prison is outdated, unfair and should not stand, a Massachusetts prosecutor told the state’s highest court Thursday.

“He goes through a full trial, a jury who speaks for the public convicts him and because he dies, in this case commits suicide, the whole thing is wiped out like it never happened? It’s not fair or just and should be changed.” — Bristol County District Attorney Thomas Quinn III

It doesn’t make sense the former New England Patriots tight end is now innocent in the eyes of the law just because he died before his appeal could be heard, Bristol County District Attorney Thomas Quinn III said. Quinn is urging the court to reinstate Hernandez’s conviction and do away with the legal principle for future cases.

“He goes through a full trial, a jury who speaks for the public convicts him and because he dies, in this case commits suicide, the whole thing is wiped out like it never happened? It’s not fair or just and should be changed,” Quinn told reporters after the hearing.

Hernandez was found guilty in 2015 of killing semi-professional football player Odin Lloyd. Two years later, the 27-year-old was found dead in his prison cell days after being acquitted of most charges in a separate double-murder case.

A judge threw out Hernandez’s conviction last year, citing the legal principle that holds that a defendant convicted at trial who dies before an appeal is heard should no longer be considered guilty in the eyes of the law, thereby returning the case to its pretrial status.

Hernandez’s Attorney Says There’s Nothing Wrong With the Doctrine

Legal experts say the doctrine, rooted in centuries of English law, requires a conviction not be considered final until an appeal can determine whether mistakes were made that deprived the defendant of a fair trial.

John Thompson, Hernandez’s appellate attorney, told the Supreme Judicial Court that there’s nothing wrong with the doctrine and that the alternatives floated by Quinn are problematic.

“The jury’s decision is not the end-all be-all,” Thompson said. “It is an opinion arrived at by 12 people followed by a process that is subject to defect.”

The Supreme Judicial Court typically takes several months to issue a decision.

How other states handle cases such as Hernandez’s varies widely. Some states, like Massachusetts, toss the convictions, while others dismiss the defendant’s appeal and the conviction stands. Other states allow appellate courts to consider a dead defendant’s case, prosecutors say.

Quinn wants court to allow a defendant’s estate to pursue an appeal, if they wish, otherwise the verdict would stand.

Others Seemed Puzzled Over What to Do

Several justices appeared interested in an approach crafted by the Alabama Supreme Court, which directed the state simply to note in the court record the conviction was neither affirmed nor reversed because the defendant died while the appeal was pending.

“I’m struggling with this because we don’t have any good options.” — Ralph Gants, chief justice of the Massachusetts Supreme Judicial Court

But others seemed puzzled over what to do.

“I’m struggling with this because we don’t have any good options,” said Ralph Gants, chief justice of the Massachusetts Supreme Judicial Court.

Quinn pointed to other high-profile Massachusetts criminals who had their convictions erased after their death, including John Salvi, who was convicted of killing two abortion clinic workers and wounding five other people during a shooting rampage in Brookline in 1994.

Roman Catholic priest John Geoghan, a key figure in the clergy sex abuse scandal that rocked the Boston archdiocese and spread across the globe, also had his child molestation conviction vacated after he was beaten to death in 2003 in his cell at the same Massachusetts maximum-security prison where Hernandez died.

DON'T MISS

Tennessee Lawmakers Pass Bill Criminalizing Adults Assisting Minors in Gender-Affirming Care

DON'T MISS

Wittrup: Vote to Table Bullard Fence Contract Was ‘Retaliatory’

DON'T MISS

Did Arias ‘Weaponize’ City Attorney’s Office by Requesting Documents from Smittcamp?

DON'T MISS

Google Parent Reports Another Quarter of Robust Growth, Rolls Out First-Ever Quarterly Dividend

DON'T MISS

$15 a Pack for Cigarettes? It’s Happening in This US City.

DON'T MISS

USC Scraps Graduation Ceremony Amid Concerns Over Potential Disruptions from Protests

DON'T MISS

US Growth Slows Sharply Amid High Interest Rates and Inflation

DON'T MISS

No Security Fence for Bullard High. Why Did Fresno Trustees Table Bid Award?

DON'T MISS

Fresno Unified Comedy Night: ‘President Trump’ Meets ‘Superintendent Biden’

DON'T MISS

Lawyer Says Iran Rapper Famous for Songs After 2022 Killing of Mahsa Amini Sentenced to Death

UP NEXT

Down 2-0, the 76ers, Magic & Lakers Hope for Homecourt Lift

UP NEXT

Shohei Ohtani Has 3 Doubles, Landon Knack Gets 1st Win as Dodgers Rout Nats

UP NEXT

Lindor Slugs a Pair of 2-Run Homers to Lead Mets Over Giants

UP NEXT

Boxing Star Ryan Garcia Wants to Meet Netanyahu, Pledges Aid for Gaza Children

UP NEXT

First-Round Picks Could Be on the Trading Block on Day 1 of the NFL Draft

UP NEXT

Trojans Rejoice! Reggie Bush Is Reinstated as 2005 Heisman Trophy Winner

UP NEXT

Shohei Ohtani Hits Second-Deck Home Run in Dodgers’ Road Win

UP NEXT

Logan Webb Extends Scoreless Streak to 19 Innings as Giants Dominate Mets

UP NEXT

Golf Has Two Dominant Forces in Scheffler & Korda. It Didn’t Happen Overnight.

UP NEXT

Caitlin Clark Is Set to Sign a New Nike Deal Valued at $28 Million Over 8 Years, Reports Say

Google Parent Reports Another Quarter of Robust Growth, Rolls Out First-Ever Quarterly Dividend

10 hours ago

$15 a Pack for Cigarettes? It’s Happening in This US City.

11 hours ago

USC Scraps Graduation Ceremony Amid Concerns Over Potential Disruptions from Protests

11 hours ago

US Growth Slows Sharply Amid High Interest Rates and Inflation

12 hours ago

No Security Fence for Bullard High. Why Did Fresno Trustees Table Bid Award?

Local Education /

12 hours ago

Fresno Unified Comedy Night: ‘President Trump’ Meets ‘Superintendent Biden’

13 hours ago

Lawyer Says Iran Rapper Famous for Songs After 2022 Killing of Mahsa Amini Sentenced to Death

13 hours ago

Jose Ramirez Bout, Clovis Rodeo Are Center Stage in a Weekend Crammed With Events

14 hours ago

Supreme Court Seems Skeptical of Trump’s Claim of Absolute Immunity But Decision’s Timing Is Unclear

14 hours ago

Hamas Official: We’ll Put Down Arms if an Independent Palestine Is Created

15 hours ago

Tennessee Lawmakers Pass Bill Criminalizing Adults Assisting Minors in Gender-Affirming Care

NASHVILLE, Tenn. — Tennessee’s GOP-controlled Statehouse on Thursday gave their final approval to legislation criminalizing adults who...

9 hours ago

9 hours ago

Tennessee Lawmakers Pass Bill Criminalizing Adults Assisting Minors in Gender-Affirming Care

Local Education /
9 hours ago

Wittrup: Vote to Table Bullard Fence Contract Was ‘Retaliatory’

10 hours ago

Did Arias ‘Weaponize’ City Attorney’s Office by Requesting Documents from Smittcamp?

10 hours ago

Google Parent Reports Another Quarter of Robust Growth, Rolls Out First-Ever Quarterly Dividend

11 hours ago

$15 a Pack for Cigarettes? It’s Happening in This US City.

11 hours ago

USC Scraps Graduation Ceremony Amid Concerns Over Potential Disruptions from Protests

12 hours ago

US Growth Slows Sharply Amid High Interest Rates and Inflation

Local Education /
12 hours ago

No Security Fence for Bullard High. Why Did Fresno Trustees Table Bid Award?

MENU

CONNECT WITH US

Search

Send this to a friend