Patriots

In death, Hernandez's murder conviction likely to be tossed

In death, Hernandez's murder conviction likely to be tossed

BOSTON -- In death, Aaron Hernandez may not be a guilty man in the eyes of the law.

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Under a long-standing Massachusetts legal principle, courts customarily vacate the convictions of defendants who die before their appeals are heard.

Hernandez, a former NFL star, was convicted and sentenced to life in prison for the 2013 murder of Odin Lloyd, a semi-professional football player who was dating the sister of Hernandez's finance.

Massachusetts prison officials said Hernandez was found hanging in his prison cell early Wednesday. His death came less than a week after his acquittal on murder charges in the shooting deaths of two men in Boston in 2012.

Hernandez's attorneys can move to have the conviction in the Lloyd case erased, said Martin Healy, chief legal counsel for the Massachusetts Bar Association.

"For all intent and practical purposes, Aaron Hernandez will die an innocent man, but the court of public opinion may think differently," said Healy.

The legal principle is called "abatement ab initio," or "from the beginning." It holds that is unfair to the defendant or to his or her survivors if a conviction is allowed to stand before they had a chance to clear their names on appeal, in case some kind or error or other injustice was determined to have occurred at trial, Healy said.

"It's a surprising result for the public to understand," he added.

All first-degree murder convictions in Massachusetts trigger an automatic appeal. Hernandez's appeal had not yet been heard by the state's high court.

Gregg Miliote, a spokesman for the district attorney's office which prosecuted the Lloyd case, would not comment on the possibility of the conviction being vacated.

Removing a conviction after the death of a high-profile defendant is not without precedent in recent state history.

The child molestation conviction of former Roman Catholic priest John Geoghan, a key figure in the clergy sex abuse scandal that rocked the Boston archdiocese, was vacated after he was beaten to death in 2003 in his cell at the same Massachusetts maximum-security prison.

John Salvi, who was convicted of killing two abortion clinic workers and wounding five other people during a shooting rampage in Brookline in 1994, also had his convictions tossed after he killed himself in prison.

EX-PATS PODCAST: Why does it seem Patriots secondary is playing better without Gilmore?

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EX-PATS PODCAST: Why does it seem Patriots secondary is playing better without Gilmore?

On this episode of The Ex-Pats Podcast...

0:10 - Mike Giardi and Dan Koppen give their takeaways from the Patriots win over the Falcons including the defense coming up strong against Atlanta but New England still taking too many penalties.

2:00 - Why it felt like this game meant more to the Patriots, their sense of excitement after the win, and building chemistry off a good victory.

6:20 - Falcons losing their identity without Kyle Shanahan as offensive coordinator and their bad play calling and decisions on 4th downs.

10:00 -  A discussion about Matt Ryan not making the throws he needed against the Patriots and if he has falling off the MVP caliber-type player he was last season.

14:00 - How and why the Patriots secondary seems to be playing better without Stephon Gilmore and why Malcolm Butler has been able to turn up his play as of late.

Mother Nature gets between Belichick and his Patriots-Falcons film study

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Mother Nature gets between Belichick and his Patriots-Falcons film study

If your team makes a goal-line stop in the fourth quarter, but you can't see it on the All-22 tape, did it even happen? 

Bill Belichick said the fog that hovered above the Gillette Stadium turf on Sunday night didn't impact the play on the field, but it did make its imprint on the game in other ways. First of all, spotters and coaches up at the press level had some difficulty relaying information to coaches on the sidelines. Video on the hand-held tablets for sideline use -- as well as the old-school still-frame pictures Belichick prefers -- was also obstructed. 

Then on Monday, as coaches tried to digest the film, the fog butted in on the process again. 

"It affected us a lot this morning because it’s hard to see the game," Belichick said during a conference call. "The fourth quarter is – I don’t know – pretty close to a white-out on the sideline film. The sideline cameras are at the top of the stadium, so that’s a tough shot.

"The end zone cameras are a little bit lower and they get a little tighter shot, so the picture is a little bit clearer. But, on that shot, a lot of times you’re not able to see all the guys on the perimeter. It’s kind of an in-line shot.

"Yeah, the first half, start of the third quarter, it’s all right. As they get into the middle of the third quarter and on, for those of us with aging eyes, it’s a little strained to see it, and then there’s a point where you can’t really see it at all, especially from the sideline. So, yeah, it affected us."

Belichick re-iterated that the fog didn't do much to the product on the field (other than maybe making life difficult for kick and punt-returners), refuting Julio Jones' claim from late Sunday night. When it came to digesting the film, though, that was another story.

"It was more, I’d say, just tougher for, whether it be our video camera or the fans that were sitting in the upper deck. It’s just there was too much interference there," Belichick said. "It was probably hard to see the game. I know when we tried to look at the pictures in between series – you know, I don’t look at the tablets, so I won’t get into that – but the pictures, it was kind of the same thing. It was hard to really be able to make out exactly what you were seeing."