Mr. Hoopah! Posted April 7, 2015 Share Posted April 7, 2015 Closing arguments this morning, defense counsel told the jury Hernandez witnessed the murder, but didn't commit it. They've got to convince at least one juror that Hernandez panicked afterwards. Never finding the murder weapon really helped his case.I imagine the jury will deliberate into the weekend. Quote Link to comment Share on other sites More sharing options...
Gritzblitz 2.0 Posted April 7, 2015 Share Posted April 7, 2015 I would not be surprised in the least if he's acquitted or there's a hung jury. Quote Link to comment Share on other sites More sharing options...
Falcon Man™ Posted April 7, 2015 Share Posted April 7, 2015 Aaron Hernandez should die of gonorrhea and rot in heII... Quote Link to comment Share on other sites More sharing options...
GEORGIAfan Posted April 7, 2015 Share Posted April 7, 2015 So it is looking likely that he will get away with it? That is crazy. I guess having money really can help you beat murder charges. Quote Link to comment Share on other sites More sharing options...
Mr. Hoopah! Posted April 7, 2015 Author Share Posted April 7, 2015 So it is looking likely that he will get away with it? That is crazy. I guess having money really can help you beat murder charges.The prosecution put on 131 witnesses, Hernandez put on 3. I haven't paid close attention to it, and apparently our resident E-detectives, the ones that haven't been banned, haven't paid attention to it either. I don't know how it will shake out, I was just interested to see the defense's argument that Hernandez witnessed the murder and panicked. It's being reported as if it's the first time they told that to the jury, so I'm assuming they didn't say it in opening arguments. Quote Link to comment Share on other sites More sharing options...
Gritzblitz 2.0 Posted April 7, 2015 Share Posted April 7, 2015 The prosecution put on 131 witnesses, Hernandez put on 3. I haven't paid close attention to it, and apparently our resident E-detectives, the ones that haven't been banned, haven't paid attention to it either. I don't know how it will shake out, I was just interested to see the defense's argument that Hernandez witnessed the murder and panicked. It's being reported as if it's the first time they told that to the jury, so I'm assuming they didn't say it in opening arguments. It would be very difficult for him to say he wasn't there given that his cell phone location said he was and there was a big wad of gum with his DNA at the scene as well. Looks like he's trying to throw one of his boys under the bus to save himself. Quote Link to comment Share on other sites More sharing options...
Mr. Hoopah! Posted April 7, 2015 Author Share Posted April 7, 2015 It would be very difficult for him to say he wasn't there given that his cell phone location said he was and there was a big wad of gum with his DNA at the scene as well. Looks like he's trying to throw one of his boys under the bus to save himself.Yeah. The prosecution had to prove their case in its entirety, so there was no reason to admit he was there in opening arguments, but as it was proven he was there, they have to run with it and craft it in a way to craft reasonable doubt. Quote Link to comment Share on other sites More sharing options...
JDaveG Posted April 7, 2015 Share Posted April 7, 2015 If he was there, how is he not at least an accessory before the fact AND an accessory after the fact? I don't see how he walks. Quote Link to comment Share on other sites More sharing options...
Grrrillapmpn Inc.® Posted April 7, 2015 Share Posted April 7, 2015 If he was there, how is he not at least an accessory before the fact AND an accessory after the fact? I don't see how he walks.$$$ Quote Link to comment Share on other sites More sharing options...
Mr. Hoopah! Posted April 7, 2015 Author Share Posted April 7, 2015 If he was there, how is he not at least an accessory before the fact AND an accessory after the fact? I don't see how he walks.I wonder if they didn't overcharge him and are swinging for the fences like the Casey Anthony prosecutors. I know he plead not guilty to murder and weapons charges, but I don't know if they're instructing on any lesser-included charges. But, it's not a question of manslaughter v. murder, it's simply whether he did it or not. But yeah, I don't see how that's not accessory to murder. Maybe Massachusetts law is different. Quote Link to comment Share on other sites More sharing options...
Gritzblitz 2.0 Posted April 7, 2015 Share Posted April 7, 2015 I wonder if they didn't overcharge him and are swinging for the fences like the Casey Anthony prosecutors. I know he plead not guilty to murder and weapons charges, but I don't know if they're instructing on any lesser-included charges. But, it's not a question of manslaughter v. murder, it's simply whether he did it or not. But yeah, I don't see how that's not accessory to murder. Maybe Massachusetts law is different. So say he's acquitted of murder. By his own admission he's at least an accessory to murder. Can the state file those charges against him, or would that be considered double jeopardy? Quote Link to comment Share on other sites More sharing options...
Mr. Hoopah! Posted April 7, 2015 Author Share Posted April 7, 2015 So say he's acquitted of murder. By his own admission he's at least an accessory to murder. Can the state file those charges against him, or would that be considered double jeopardy?If you would have asked me that while I was studying for the bar exams, I wouldn't have to look up the answer . It will depend on Massachusetts law and what are the elements of proof for each crime. If each charge requires proof that the other charge does not, it's not double jeopardy. That's the jist of the famous "Blockburger" test for double jeopardy. Quote Link to comment Share on other sites More sharing options...
Mr. Hoopah! Posted April 7, 2015 Author Share Posted April 7, 2015 Michael McCann @McCannSportsLaw 13m13 minutes ago When Hernandez jury is instructed of murder charge, will be told he can only be convicted of 1st deg or 2nd deg murder - not manslaughter. Quote Link to comment Share on other sites More sharing options...
JDaveG Posted April 7, 2015 Share Posted April 7, 2015 I wonder if they didn't overcharge him and are swinging for the fences like the Casey Anthony prosecutors. I know he plead not guilty to murder and weapons charges, but I don't know if they're instructing on any lesser-included charges. But, it's not a question of manslaughter v. murder, it's simply whether he did it or not. But yeah, I don't see how that's not accessory to murder. Maybe Massachusetts law is different. "Ahh cahnn't buhlll-EEEEVE this cow-aht ruled this way........course, this WAS a Massatussus cow-aht."-- my Property professor in law school (true story). Quote Link to comment Share on other sites More sharing options...
JDaveG Posted April 7, 2015 Share Posted April 7, 2015 Michael McCann @McCannSportsLaw 13m13 minutes agoWhen Hernandez jury is instructed of murder charge, will be told he can only be convicted of 1st deg or 2nd deg murder - not manslaughter.Is that because manslaughter is not a lesser included or because it wasn't properly charged?Yeah, look that one up. Quote Link to comment Share on other sites More sharing options...
Mr. Hoopah! Posted April 7, 2015 Author Share Posted April 7, 2015 "Ahh cahnn't buhlll-EEEEVE this cow-aht ruled this way........course, this WAS a Massatussus cow-aht."-- my Property professor in law school (true story)."A bankruptcy, a divorce, and a tornado - no matter which one happens, someone is losing a trailer."-- my property professor in law school. Quote Link to comment Share on other sites More sharing options...
JDaveG Posted April 7, 2015 Share Posted April 7, 2015 "A bankruptcy, a divorce, and a tornado - no matter which one happens, someone is losing a trailer."-- my property professor in law school. It's too long to set up in a combox, but my Estate and Gift Tax professor once answered a hypothetical question about why someone would use a Q-TIP election by saying "well, what about the man with the string bow tie from Bogalusa?"Meaning, he'll come in and steal all momma's money after daddy dies and screw the kids out of their estate. Quote Link to comment Share on other sites More sharing options...
freebird310 Posted April 7, 2015 Share Posted April 7, 2015 I have lost all faith in the " justice " system a longggg time ago, would not surprise me a bit to see him pull an OJ..... Quote Link to comment Share on other sites More sharing options...
Mr. Hoopah! Posted April 7, 2015 Author Share Posted April 7, 2015 Here's what is nuts about what Hernandez's lawyers did today. Hernandez was charged with murder and weapons charges, because prosecutors thought from day one he orchestrated the murder, and that he actually did it. His associates, Wallace and Ortiz, were both charged as being accessories AFTER the fact, which apparently (based on google search) carries a max sentence of 7 years. Wallace has apparently refused to cooperate at all, and Ortiz cooperated, but changed his story, and neither one took the stand against Hernandez. They wouldn't rat him out.Now, Hernandez's lawyers flipped the tables and is putting the blame on either Ortiz or Wallace. He's doing anything he can to save his own ***. I still don't know if they can later charge him with being an accessory after the fact based on his lawyer's argument if he's acquitted, but if they did, and he was convicted, he'd get a max of 7 years. So maybe he's trying to minimize his prison time, if any. I am very interested to see how this all plays out. Quote Link to comment Share on other sites More sharing options...
Gritzblitz 2.0 Posted April 7, 2015 Share Posted April 7, 2015 Here's what is nuts about what Hernandez's lawyers did today. Hernandez was charged with murder and weapons charges, because prosecutors thought from day one he orchestrated the murder, and that he actually did it. His associates, Wallace and Ortiz, were both charged as being accessories AFTER the fact, which apparently (based on google search) carries a max sentence of 7 years. Wallace has apparently refused to cooperate at all, and Ortiz cooperated, but changed his story, and neither one took the stand against Hernandez. They wouldn't rat him out.Now, Hernandez's lawyers flipped the tables and is putting the blame on either Ortiz or Wallace. He's doing anything he can to save his own ***. I still don't know if they can later charge him with being an accessory after the fact based on his lawyer's argument if he's acquitted, but if they did, and he was convicted, he'd get a max of 7 years. So maybe he's trying to minimize his prison time, if any. I am very interested to see how this all plays out. I know it's been a while, but wasn't Ray Lewis' defense similar? He was obviously at the murder scene and even admitted to covering up evidence but in the end he put the actual killing on his boys. Quote Link to comment Share on other sites More sharing options...
Mr. Hoopah! Posted April 7, 2015 Author Share Posted April 7, 2015 I don't remember Ray Lewis' trial. Quote Link to comment Share on other sites More sharing options...
Gritzblitz 2.0 Posted April 7, 2015 Share Posted April 7, 2015 And I believe that Hernandez is still on the hook for two more murders that haven't gone to trial yet. Quote Link to comment Share on other sites More sharing options...
Mr. Hoopah! Posted April 7, 2015 Author Share Posted April 7, 2015 And I believe that Hernandez is still on the hook for two more murders that haven't gone to trial yet.He is, and Odin's alleged knowledge of those murders is the prosecution's motive for Hernandez to kill him. Quote Link to comment Share on other sites More sharing options...
The Shotfather Posted April 7, 2015 Share Posted April 7, 2015 (edited) God is with you A. Aron. Edited April 7, 2015 by The Shotfather Quote Link to comment Share on other sites More sharing options...
The Shotfather Posted April 7, 2015 Share Posted April 7, 2015 If he was there, how is he not at least an accessory before the fact AND an accessory after the fact? I don't see how he walks.You ever watch The Jinx on HBO? If a guy can get away with chopping a body up and throwing it in the ocean in self defense, it wouldn't be the craziest thing in the world to see this loser get away with it. I'm not aware of how law works, but if Accessory is not one of the charges being brought against him, can he be charged with it? Quote Link to comment Share on other sites More sharing options...
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