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Old 04-20-2017, 07:30 AM   #91
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Aaron Hernandez murder conviction expected to be vacated by 'quirky' rule

http://www.cnn.com/2017/04/19/us/aar...ent/index.html

(CNN)Aaron Hernandez's murder conviction is expected to be dismissed posthumously because of a legal rule called "abatement."

That would mean, legally speaking, Aaron Hernandez died an innocent man.
Hernandez hanged himself in his prison cell and was found dead early Wednesday morning, the Massachusetts Department of Correction said. Hernandez had been serving a sentence of life in prison without parole after being convicted of the June 2013 murder of Odin Lloyd.
But a court will vacate that conviction because Hernandez's appeal was pending, said Rosanna Cavallaro, a law professor at Suffolk University who has written about abatement.
Former NFL star Aaron Hernandez hangs himself in prison, officials say
Former NFL star Aaron Hernandez hangs himself in prison, officials say
"The idea is that if an appeal hasn't happened, there's a chance that a conviction has an error in it," she told CNN. "Rather than have someone with that incomplete decision that they're guilty, the state chooses instead to say that conviction is abated -- as if it never had happened."
The conviction's dismissal is "pro forma," or automatic, she said.
Hernandez, who was acquitted last Friday in a separate murder trial, had appealed the Lloyd murder conviction. A date for a hearing had not been set.
The abatement law is "quirky" and "esoteric," Cavallaro said, but not without significant consequences.
Civil lawsuits, in which a harmed party sues for damages, often rely on a criminal conviction as its basis of facts.
"You could piggyback off that criminal conviction to get to the place where you're only litigating damages," Cavallaro said. "Now that's not available anymore."
Rule aims to serve justice
The issue of abatement has come up in other high-profile examples, such as after the death of convicted Enron executive Kenneth Lay.
The rise and fall of Aaron Hernandez
The rise and fall of Aaron Hernandez
In Massachusetts, John Salvi was convicted of murder in 1996 for opening fire at a Planned Parenthood in Brookline. He committed suicide in his prison cell before his appeal, officials said, and so his conviction was abated.
The death of John J. Geoghan, a priest at the center of the Catholic Church's sexual abuse scandal, also led to the abatement of his conviction.
Though often frustrating, the rule is still a solid one for ensuring a just system that includes appeals, Cavallaro said.
"If you die before that part of the process, it's as if we're saying you didn't get the full process," she said. "We'd rather err on the side of erasing convictions, than allow convictions to stand that have not been reviewed."
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Old 04-20-2017, 07:36 AM   #92
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The asshat is Still guilty of the gun charges, and based on the Miguel believes the Patriots should recover cap money spent of Aaron.
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Old 04-20-2017, 07:38 AM   #93
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A total sham yet again with lawmakers.

There's no way this prolific scumbag should be able to wrangle his way out of civil suits.
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Old 04-20-2017, 08:02 AM   #94
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Quote:
Originally Posted by Dwight Schrute View Post
A total sham yet again with lawmakers.

There's no way this prolific scumbag should be able to wrangle his way out of civil suits.
The OJ civil suit was still a go despite the finding of not guilty, I would assume that they can still go after the estate (if anything is left) for damages.
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Old 04-20-2017, 09:00 AM   #95
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dchester should plot to take over the world, they're that gooddchester should plot to take over the world, they're that gooddchester should plot to take over the world, they're that gooddchester should plot to take over the world, they're that gooddchester should plot to take over the world, they're that gooddchester should plot to take over the world, they're that gooddchester should plot to take over the world, they're that gooddchester should plot to take over the world, they're that gooddchester should plot to take over the world, they're that gooddchester should plot to take over the world, they're that gooddchester should plot to take over the world, they're that good
Quote:
Originally Posted by Dwight Schrute View Post
A total sham yet again with lawmakers.

There's no way this prolific scumbag should be able to wrangle his way out of civil suits.
He's dead. He's doesn't own anything any more. However, people can go after his estate or family to try to get money, (assuming there's anything left).
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Old 04-20-2017, 09:08 AM   #96
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Quote:
Originally Posted by dchester View Post
He's dead. He's doesn't own anything any more. However, people can go after his estate or family to try to get money, (assuming there's anything left).
OH, thanks for clearing that up.
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Old 04-20-2017, 09:43 AM   #97
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Quote:
Originally Posted by Patriots71 View Post
Well the "people" he killed was Lloyd who was also a gang banger who probably killed others too. I am not saying I am sad about Hernandez, I am sad at the situation and his family and his daughter and a waste of life, but lets not act like the guy he killed was some alter boy or some innocent. If you are in the life, you know the risks.

---------- Post added at 07:07 PM ---------- Previous post was at 07:05 PM ----------



I think he was murdered too, the timing of this suicide is odd to say the least. So days after a double murder trial acquittal, and his lawyer saying he is going to reopen his case for the murder trial, he picks that time to kill himself? Weird.
To make accusations like that without any proof is ridiculous. The guy was murdered in cold blood because of something he possibly knew about Hernandez. If you've got other info to share about this then please do.
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Old 04-20-2017, 09:49 AM   #98
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Apparently his lawyer, agent, family all claim he would not commit suicide and claim something is fishy. They have requested an investigation (which the the Sharon Prison has already begun) and all kinds of crazy rumors are coming out. No Surprise.
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Old 04-20-2017, 09:56 AM   #99
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Quote:
Originally Posted by bishbash View Post
Apparently his lawyer, agent, family all claim he would not commit suicide and claim something is fishy. They have requested an investigation (which the the Sharon Prison has already begun) and all kinds of crazy rumors are coming out. No Surprise.
People should listen to the guest Callahan had and the CSSNE broadcast last nt.

The sheriff in charge of Hernandez was on both, shedding firsthand light on the situation.

Older dude. And said APerp was the most cunning, manipulative captive he's ever met. To precisely how to work his skills.

He also said as with any and every prison death the State Police conduct a very thorough investigation.
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Old 04-20-2017, 10:00 AM   #100
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Old 04-20-2017, 10:51 AM   #101
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Quote:
Originally Posted by Pats24 View Post
Aaron Hernandez murder conviction expected to be vacated by 'quirky' rule

http://www.cnn.com/2017/04/19/us/aar...ent/index.html

(CNN)Aaron Hernandez's murder conviction is expected to be dismissed posthumously because of a legal rule called "abatement."

That would mean, legally speaking, Aaron Hernandez died an innocent man.
Hernandez hanged himself in his prison cell and was found dead early Wednesday morning, the Massachusetts Department of Correction said. Hernandez had been serving a sentence of life in prison without parole after being convicted of the June 2013 murder of Odin Lloyd.
But a court will vacate that conviction because Hernandez's appeal was pending, said Rosanna Cavallaro, a law professor at Suffolk University who has written about abatement.
Former NFL star Aaron Hernandez hangs himself in prison, officials say
Former NFL star Aaron Hernandez hangs himself in prison, officials say
"The idea is that if an appeal hasn't happened, there's a chance that a conviction has an error in it," she told CNN. "Rather than have someone with that incomplete decision that they're guilty, the state chooses instead to say that conviction is abated -- as if it never had happened."
The conviction's dismissal is "pro forma," or automatic, she said.
Hernandez, who was acquitted last Friday in a separate murder trial, had appealed the Lloyd murder conviction. A date for a hearing had not been set.
The abatement law is "quirky" and "esoteric," Cavallaro said, but not without significant consequences.
Civil lawsuits, in which a harmed party sues for damages, often rely on a criminal conviction as its basis of facts.
"You could piggyback off that criminal conviction to get to the place where you're only litigating damages," Cavallaro said. "Now that's not available anymore."
Rule aims to serve justice
The issue of abatement has come up in other high-profile examples, such as after the death of convicted Enron executive Kenneth Lay.
The rise and fall of Aaron Hernandez
The rise and fall of Aaron Hernandez
In Massachusetts, John Salvi was convicted of murder in 1996 for opening fire at a Planned Parenthood in Brookline. He committed suicide in his prison cell before his appeal, officials said, and so his conviction was abated.
The death of John J. Geoghan, a priest at the center of the Catholic Church's sexual abuse scandal, also led to the abatement of his conviction.
Though often frustrating, the rule is still a solid one for ensuring a just system that includes appeals, Cavallaro said.
"If you die before that part of the process, it's as if we're saying you didn't get the full process," she said. "We'd rather err on the side of erasing convictions, than allow convictions to stand that have not been reviewed."
That law makes 0 sense if the convicted and appealing person chooses to take their own life.
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Old 04-20-2017, 12:33 PM   #102
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I read somewhere that because for this alleged quirk, he killed himself during the appeal so he is technically innocent and therefore his daughter may be entitled to his US$15M Patriots salary as he therefore did not violate his contract....
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Old 04-20-2017, 12:52 PM   #103
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Quote:
Originally Posted by bishbash View Post
Apparently his lawyer, agent, family all claim he would not commit suicide and claim something is fishy. They have requested an investigation (which the the Sharon Prison has already begun) and all kinds of crazy rumors are coming out. No Surprise.
Did the same people think he would be a convicted murderer?

I always get a chuckle out of 'what the family would know' or claims. It's usually complete bullshit..
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Old 04-20-2017, 12:59 PM   #104
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Quote:
Originally Posted by Roberto71 View Post
I read somewhere that because for this alleged quirk, he killed himself during the appeal so he is technically innocent and therefore his daughter may be entitled to his US$15M Patriots salary as he therefore did not violate his contract....
Don't NFL players have to show up to work to get paid?

Would suicide be considered "conduct detrimental"?
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Old 04-20-2017, 01:02 PM   #105
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Quote:
Originally Posted by chevss454 View Post
Don't NFL players have to show up to work to get paid?
Guaranteed for Injury and death?
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