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Hernandez Acquitted of double murder.
Fri Apr 14, 2017 3:58 pm
  • Surprised someone has not posted this yet, they are now going to review the first trial again.
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Re: Hernandez Aquitted of double murder.
Fri Apr 14, 2017 4:40 pm
  • Maybe we can get his rights for Marshawn Lynch
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Re: Hernandez Aquitted of double murder.
Fri Apr 14, 2017 4:57 pm
  • chris98251 wrote:........................., they are now going to review the first trial again.


    Are you sure?

    http://www.npr.org/sections/thetwo-way/ ... er-charges

    "Hernandez, once a rising star in the NFL, is already serving a life sentence in prison for killing the boyfriend of his fiancee's sister. That first-degree murder conviction was handed down by unanimous jury decision in 2015.

    Though Friday's verdict has no impact on that conviction, the Associated Press reports that emotions still ran high in the Boston courtroom. "
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Re: Hernandez Aquitted of double murder.
Sat Apr 15, 2017 12:03 pm
  • BostonBlackie wrote:
    chris98251 wrote:........................., they are now going to review the first trial again.


    Are you sure?

    http://www.npr.org/sections/thetwo-way/ ... er-charges

    "Hernandez, once a rising star in the NFL, is already serving a life sentence in prison for killing the boyfriend of his fiancee's sister. That first-degree murder conviction was handed down by unanimous jury decision in 2015.

    Though Friday's verdict has no impact on that conviction, the Associated Press reports that emotions still ran high in the Boston courtroom. "


    Here's the story about getting the other overturned.

    http://profootballtalk.nbcsports.com/2017/04/15/baez-turns-attention-to-overturning-hernandezs-murder-conviction/

    It was just a mention yesterday and it appears this clarifies it some that they will attempt it.
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Re: Hernandez Aquitted of double murder.
Sat Apr 15, 2017 10:52 pm
  • chris98251 wrote:
    BostonBlackie wrote:
    chris98251 wrote:........................., they are now going to review the first trial again.


    Are you sure?

    http://www.npr.org/sections/thetwo-way/ ... er-charges

    "Hernandez, once a rising star in the NFL, is already serving a life sentence in prison for killing the boyfriend of his fiancee's sister. That first-degree murder conviction was handed down by unanimous jury decision in 2015.

    Though Friday's verdict has no impact on that conviction, the Associated Press reports that emotions still ran high in the Boston courtroom. "


    Here's the story about getting the other overturned.

    http://profootballtalk.nbcsports.com/2017/04/15/baez-turns-attention-to-overturning-hernandezs-murder-conviction/

    It was just a mention yesterday and it appears this clarifies it some that they will attempt it.


    I see, so he hasn't gone through the appeal process on the first one. Of course. Somehow I thought that was fait accompli. He's not someone we like to think too much about around here.
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Re: Hernandez Aquitted of double murder.
Sun Apr 16, 2017 7:38 am
  • chris98251 wrote:Surprised someone has not posted this yet, they are now going to review the first trial again.


    You may not have intended it to sound like it does, but you're making it sound like the result of this trial is what motivated them to review his first one. There's no relationship between the two trials other than the accused.
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Re: Hernandez Aquitted of double murder.
Sun Apr 16, 2017 1:32 pm
  • *Acquitted.

    :lol:
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Re: Hernandez Aquitted of double murder.
Sun Apr 16, 2017 7:44 pm
  • So on aggregate that's -1 murder convictions for Hernandez. Actually better than most of us who are at 0 murder convictions.
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Re: Hernandez Aquitted of double murder.
Mon Apr 17, 2017 10:49 am
  • RolandDeschain wrote:*Acquitted.

    :lol:


    I got your back Roland. Just hope Chris doesn't get mad at me :P
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Re: Hernandez Aquitted of double murder.
Wed Apr 19, 2017 5:40 am
  • kobebryant wrote:So on aggregate that's -1 murder convictions for Hernandez. Actually better than most of us who are at 0 murder convictions.


    I guess he's back at 0 now.
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  • "Through an obscure and rarely invoked Massachusetts legal principle called abatement ab initio, because Hernandez had not exhausted all his appeals on his murder conviction, that conviction is essentially now voided. The practical effect of this is that evidence from Hernandez’s criminal trial cannot be used in any potential civil trials against his estate."
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  • Uncle Si wrote:"Through an obscure and rarely invoked Massachusetts legal principle called abatement ab initio, because Hernandez had not exhausted all his appeals on his murder conviction, that conviction is essentially now voided. The practical effect of this is that evidence from Hernandez’s criminal trial cannot be used in any potential civil trials against his estate."


    Quick question....when you said "evidence FROM Hernandez's criminal trial cannot be used in any civil trial" should that have read that evidence of his criminal conviction can't be used? I'd think that logic would dictate that the evidence individually isn't tainted, but as the appeals process wasn't complete, the actual trial itself and the conviction couldn't be used. Doesn't make sense that the actual evidence would be inadmissible in a civil case. Of course I've seen stranger head scratchers before so it wouldn't be a complete shocker.
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  • kidhawk wrote:
    Uncle Si wrote:"Through an obscure and rarely invoked Massachusetts legal principle called abatement ab initio, because Hernandez had not exhausted all his appeals on his murder conviction, that conviction is essentially now voided. The practical effect of this is that evidence from Hernandez’s criminal trial cannot be used in any potential civil trials against his estate."


    Quick question....when you said "evidence FROM Hernandez's criminal trial cannot be used in any civil trial" should that have read that evidence of his criminal conviction can't be used? I'd think that logic would dictate that the evidence individually isn't tainted, but as the appeals process wasn't complete, the actual trial itself and the conviction couldn't be used. Doesn't make sense that the actual evidence would be inadmissible in a civil case. Of course I've seen stranger head scratchers before so it wouldn't be a complete shocker.


    I should have offered context. I copied/pasted this from an article on his death.


    http://www.bostonglobe.com/metro/2017/04/19/hernandezdismiss/BvCcJQ1Ubg3mJAze0ttpvJ/story.html
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  • Uncle Si wrote:
    kidhawk wrote:
    Uncle Si wrote:"Through an obscure and rarely invoked Massachusetts legal principle called abatement ab initio, because Hernandez had not exhausted all his appeals on his murder conviction, that conviction is essentially now voided. The practical effect of this is that evidence from Hernandez’s criminal trial cannot be used in any potential civil trials against his estate."


    Quick question....when you said "evidence FROM Hernandez's criminal trial cannot be used in any civil trial" should that have read that evidence of his criminal conviction can't be used? I'd think that logic would dictate that the evidence individually isn't tainted, but as the appeals process wasn't complete, the actual trial itself and the conviction couldn't be used. Doesn't make sense that the actual evidence would be inadmissible in a civil case. Of course I've seen stranger head scratchers before so it wouldn't be a complete shocker.


    I should have offered context. I copied/pasted this from an article on his death.


    http://www.bostonglobe.com/metro/2017/04/19/hernandezdismiss/BvCcJQ1Ubg3mJAze0ttpvJ/story.html


    Ok that maes a bit more sense as it says no evidence ESTABLISHED during the trial may be used. Evidence used at trial isn't necessarily established at trial. At least that's how I'd read it. Thanks for the link
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  • Yeah, found it really interesting.

    It does make any Civil suit against his estate that much more difficult.

    So read some more... it appears that only the fact he was convicted and sentenced is immune from a Civil trial. Any and all evidence, including witnesses, can be reused.
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Re: Hernandez Acquitted of double murder.
Wed Apr 19, 2017 10:14 am
  • Uncle Si wrote:Yeah, found it really interesting.

    It does make any Civil suit against his estate that much more difficult.

    So read some more... it appears that only the fact he was convicted and sentenced is immune from a Civil trial. Any and all evidence, including witnesses, can be reused.


    That is how I interpreted the quote that said "established at trial". The evidence that was used at trial is fair game, but his conviction and such is no longer valid so it cannot be used. The only gray area I see with this is actual trial testimony. I'd assume that any and all witness testimony must be re-established at a civil trial and the questioning at the original trial cannot be entered into evidence on it's own.

    Hopefully as difficult as it may be, it won't stop the victim's family from at least getting civil justice in this case since they will never see criminal justice done.
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  • kidhawk wrote:
    Uncle Si wrote:Yeah, found it really interesting.

    It does make any Civil suit against his estate that much more difficult.

    So read some more... it appears that only the fact he was convicted and sentenced is immune from a Civil trial. Any and all evidence, including witnesses, can be reused.


    That is how I interpreted the quote that said "established at trial". The evidence that was used at trial is fair game, but his conviction and such is no longer valid so it cannot be used. The only gray area I see with this is actual trial testimony. I'd assume that any and all witness testimony must be re-established at a civil trial and the questioning at the original trial cannot be entered into evidence on it's own.

    Hopefully as difficult as it may be, it won't stop the victim's family from at least getting civil justice in this case since they will never see criminal justice done.


    Well I think the criminal justice has been done if he was indeed guilty, eye for an eye so to speak and IF it was by his own hand, the reports coming out now are saying his method was unusual in it's technique based on a lot of deaths in this facility.
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  • chris98251 wrote:
    kidhawk wrote:
    Uncle Si wrote:Yeah, found it really interesting.

    It does make any Civil suit against his estate that much more difficult.

    So read some more... it appears that only the fact he was convicted and sentenced is immune from a Civil trial. Any and all evidence, including witnesses, can be reused.


    That is how I interpreted the quote that said "established at trial". The evidence that was used at trial is fair game, but his conviction and such is no longer valid so it cannot be used. The only gray area I see with this is actual trial testimony. I'd assume that any and all witness testimony must be re-established at a civil trial and the questioning at the original trial cannot be entered into evidence on it's own.

    Hopefully as difficult as it may be, it won't stop the victim's family from at least getting civil justice in this case since they will never see criminal justice done.


    Well I think the criminal justice has been done if he was indeed guilty, eye for an eye so to speak and IF it was by his own hand, the reports coming out now are saying his method was unusual in it's technique based on a lot of deaths in this facility.


    IMO, criminal justice is when he has a guilty verdict on his record. He won't have that now, so IMO that's not criminal justice. As far as I'm concerned personally, I don't care about any verdict. He's off the streets permanently and by his own hand (supposedly) and there will be no sympathy for him from me. It's the victims and the people he negatively affected with his criminal actions that lose out by his not being considered a convicted murderer now.
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