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Patriots TE Aaron Hernandez to be Questioned

Playoffs said:
No surprise Hernandez's attorney was much more impressive speaker,

And he rightly pointed out it doesn't make sense, no motive, for AHern to murder Lloyd,

One of his reasons was Lloyd was AHern's marijuana dealer, why lose that?
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He must have sold some bad chit man
 
"Why would he kill Odin?" Fee asked, and said that if Hernandez and Lloyd each married the Jenkins he was dating, the two would have been brother-in-laws.

"Why would he kill his supplier of marijuana?" he asked, and said that the two men "had something in common other than the fact that they were dating sisters. Marijuana."

Fee told the jurors that while they may not necessarily approve of the lifestyle Hernandez lived - which involved frequent partying, smoking marijuana, going to nightclubs, and hooking up with girls, it was not one that was uncommon of an "unmarried 23-year-old star professional athlete."
...
Later, he described Hernandez as a family man who was in the midst of planning a wedding.
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The government's evidence includes DNA matching Hernandez's that was found on one of the shell casings. The casing was found in the Nissan Altima that Lloyd was seen getting into with Hernandez and his two hometown accomplices an hour before his death. Bomberg also referenced a Nike Air Jordan footprint in the dirt at the crime scene that matched shoes Hernandez owned. He said a marijuana joint found by Lloyd's body was analyzed and detected. DNA consistent with both the victim and Hernandez was identified on it.

As well as crime scene evidence, Bomberg referenced cell tower records, surveillance footage, interviews with witnesses - and even a toll booth that snapped a picture of the Nissan Altima license plate about 45 minutes before Lloyd was shot.

He explained that Hernandez, the day before the crime, texted his two friends from Connecticut, Ernest Wallace and Carlos Ortiz, imploring them to come to Massachusetts. The three men picked up Lloyd around 2:30 a.m. on June 17 - an hour at which "there are no bars, no clubs open in the commonwealth of Massachusetts," he said.
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During the prosecution's opening statement, Bomberg showed jurors a video of Hernandez holding a gun inside the house. Fee said it could have been an iPod, or an iPad, or a Blackberry...

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http://www.courant.com/news/connecticut/hc-aaron-hernandez-murder-trial-day-1-20150129-story.html
 
Playoffs said:
http://www.courant.com/news/connecticut/hc-aaron-hernandez-murder-trial-day-1-20150129-story.html
During the prosecution's opening statement, Bomberg showed jurors a video of Hernandez holding a gun inside the house. Fee said it could have been an iPod, or an iPad, or a Blackberry...
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Blackberry torch possibly, but he'd have ownership records of such a rare device. There are no iPads that fit those dimensions.

In theory it could be an older gen iPod....that he was about to drop as it'd have to be balanced on top of his hand to get that appearance.

Expert bullshit by a well-compensated attorney.
 
disaacks3 said:
Blackberry torch possibly, but he'd have ownership records of such a rare device. There are no iPads that fit those dimensions.

In theory it could be an older gen iPod....that he was about to drop as it'd have to be balanced on top of his hand to get that appearance.

Expert bullshit by a well-compensated attorney.
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It looks to me as if it had a slight curve to it... never seen a curved ipod
 
Stealth juror outed...


Juror Dismissed In Aaron Hernandez Murder Trial
FALL RIVER, Mass. - A juror was dismissed from the Aaron Hernandez murder trial Tuesday for lying her way onto the jury.

"Over the last few years the juror has expressed significant interest in serving on this particular jury," said Judge E. Susan Garsh. She dismissed the woman, juror #96, after a closed-door hearing Tuesday morning with defense lawyers, prosecutors, and several witnesses...
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Probably not the only one.
 
‘You are not to cry,’ Odin Lloyd’s mother told by judge

[IMGwidthsize=450]https://c.o0bg.com/rf/image_960w/Boston/2011-2020/2015/02/04/BostonGlobe.com/Metro/Images/ca636a61b6c84db49adf10fd9f3e1dae-d9c05f15d21c4450a7adf480abc8ceb4-0-8602.jpg[/IMG]
Ursula Ward, the mother of Odin Lloyd, wiped her eyes after
looking at a photograph of her son.

The mother of murder victim Odin L. Lloyd received a stern warning from the judge after prosecutors asked her to identify a picture of her son’s dead body on a table. His face was turned to the side, his body covered in a blue sheet.

Ursula Ward, Lloyd’s mother, cried softly. The jury was not in the room.

“I understand that this is very emotional for you,” Judge E. Susan Garsh said as Ward nodded. Garsh instructed Ward to compose herself once the jury was back in the courtroom. “Maintain control of your emotions. You are not to cry.”

The unusual command came during the third day of testimony in the murder trial of former New England Patriots player Aaron Hernandez...
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Brisco_County said:
I'd bet most of those jurors were already intent on roasting the guy.
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I think the dismissed juror made statements that indicated she'd acquit.
 
Interesting arguments/ruling, imo...

tweets read bottom to top

Bob McGovern @BobMcGovernJr
Judge Garsh is now looking for a mic to drop. Good lord that was impressive. #AaronHernandez

Garsh: "The court denies @CNN's request." #AaronHernandez

Garsh: This request would also infringe on #AaronHernandez's Sixth Amendment rights.

As someone who has extensively studied First Amendment law, this is fascinating. #AaronHernandez

Garsh: If CNN were to be allowed to photograph or download exhibits, so too would any other member of the general public. #AaronHernandez

Garsh just told @CNN that it misquoted precedent. She cites what she believes is the correct reading. #AaronHernandez

You wouldn't know that this is a judge who just went on a view and listened to evidence all week. Garsh is cruising. #AaronHernandez

Garsh: "Citizens in Massachusetts ... can see and hear all the evidence, including all the exhibits, in real time and in color." #Hernandez

Perhaps it's fitting that there is a video camera taping Judge Garsh's rundown on media access to judicial proceedings. #AaronHernandez

Garsh is now giving @CNN a lecture on the First Amendment. #AaronHernandez

Garsh: The media has neither a greater or lesser right to access than the public. #AaronHernandez

Garsh: The public, including the media, has been able to get copies of exhibits at the end of the court day. #AaronHernandez

Garsh: "The media has had ample opportunity to see and hear evidence." #AaronHernandez

Garsh: There have been cameras on this trial this whole time, and the images have been clear the whole time. #AaronHernandez

Garsh: This trial is taking place in a courtroom, which has two large monitors for the public. The images on the screens are clearly visible

Also, there is a pool camera taking pictures of images of Lloyd that are already out there? What is the difference? #AaronHernandez

Interesting that Sultan brings of privacy rights of Lloyd's family. Can he bring up privacy rights of a third party he doesn't represent?

Sultan: "This is a trial, not a reality TV show." #AaronHernandez

Sultan: "I'm concerned about the media having access, for example, to photos of the victim. ... They should not have them." #AaronHernandez

Sultan is pretty adamant that @CNN should not have the access it's asking for. They definitely did their homework - citing case law.

Sultan: "This is discretionary ... it requires a balancing of interests." #AaronHernandez

Interesting: A criminal lawyer (Sultan) challenging a motion by a media lawyer (Cloherty) #AaronHernandez

Sultan: "None of the cases cited by @CNN supports its request." #AaronHernandez

Sultan: "The defendant strongly opposes this motion." #AaronHernandez

ADA just doesn't want the process to "burden the clerks" but he also wants a clerk to be there. Worried abt chain of custody #AaronHernandez

Garsh said she "has read all the cases" listed in @CNN's memo. #AaronHernandez

.@CNN wants to have the ability to photograph certain evidence. "We would like a clear depiction of that evidence." #AaronHernandez

"We are prepared to serve as a pool ... whatever access we are granted, we will share with other media." #AaronHernandez

Cloherty is citing a series of precedent to make his point that the public has an interest in seeing the evidence entered in this case.

#AaronHernandez is here, conferring with his attorneys. Boston attorney Daniel Cloherty will argue for disclosure on behalf on @CNN.

CNN is about to make a motion to have daily access to all exhibits filed during the courts of the #AaronHernandez trial.
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McGovern: Judges must punish jurors who lie
...
But all it takes is one glory hound to derail the entire concept of a fair and impartial jury.

“The problem of stealth jurors is becoming so much more frequent than ever before,” said J.W. Carney Jr., a criminal defense attorney not involved in either trial. “This undermines the integrity of the jury-selection process and denies the defendant the due process that the Constitution guarantees.”

Garsh could and should set an example here. She could cite the juror for contempt of a court order and put it to the Bristol County district attorney to prosecute the case. If not Garsh, the DA’s office could bring a perjury charge on its own.

If found guilty of either, a lying juror could spend time behind bars. That’s what would happen to a witness who lied in front of a grand jury, and that’s what should happen when jurors lie about their biases.

“This is the fear of both sides. If you have a juror who is motivated simply by the lure of the case and what he or she might get out of it, you really have an impaired process,” said Brad Bailey, a criminal defense attorney not involved in the case. “Whenever you have a high-profile case, this is a big concern.”
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Superior Court Judge Susan Garsh ruled on Friday that Bristol County (Mass.) prosecutors are allowed to introduce a potentially damaging video of Hernandez. A surveillance camera located in a parking lot next to the North Attleboro (Mass.) police station recorded the video in the days following Lloyd’s murder. In one segment of the video, Hernandez is shown standing and then demolishing a phone. In another segment, Hernandez is in a car and is then handed a new phone by one of his attorneys. Using the new phone, Hernandez dials and places a call, which is allegedly directed to Ernest Wallace, an accused accomplice and co-defendant.

Hernandez’s attorneys urged Judge Susan Garsh to suppress the video. They claimed Hernandez’s behavior was protected by the attorney-client privilege since he was in the presence of his attorneys and receiving their advice. Garsh disagreed, reasoning that because the parking lot was a public setting and in plain view, Hernandez implicitly consented to being recorded. She also regarded the act of an attorney handing a phone to a client as not constituting legal advice. Prosecutors have not indicated when they plan to show jurors the video, but it will almost certainly be shown.

The legal impact of the video could be significant. While video of Hernandez breaking a phone and making a call to a person who is also connected to Lloyd’s death is by no means conclusive of guilt, jurors will likely regard Hernandez’s behavior as suspicious—if not worse. After all, why would Hernandez try to destroy his phone? A fair presumption would be that it contains information that could be incriminating.

Watch for Hernandez’s attorneys to attempt to diminish the impact of the video by claiming they instructed Hernandez to break the phone and they encouraged him to call Wallace. This would constitute a “blame the lawyers, not the client” type of defense. Hernandez’s attorneys might explain that because they were concerned about the police falsely accusing Hernandez, they recommended he replace his phone since its calls could have been monitored. One tactical hurdle for Hernandez’s attorneys in making this kind of defense is that they are unlikely to call Hernandez as a witness. A second hurdle is that an attorney is ethically barred from advising clients to destroy evidence. As a result, Hernandez's attorneys would have to frame Hernandez destroying the phone as him misunderstanding their directive​...
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http://www.si.com/nfl/2015/02/13/aaron-hernandez-trial-day-8
 
The uncle of Aaron Hernandez's fiancee says the former New England Patriots star told him the day after the killing that his endorsements were gone.

Azia Jenkins said Wednesday that Hernandez didn't elaborate. He said Hernandez said it after a commercial came on TV while they played pool in Hernandez's basement.

Jenkins said Hernandez appeared cool, calm and collected.

Hernandez is charged with the June 17, 2013, killing of Odin Lloyd, who was dating the sister of Hernandez's fiancee.

Azia Jenkins said he was leaving Hernandez's home June 18 when police arrived and spoke to him. He then went to the police station. When he returned to Hernandez's home, he said Hernandez asked what police had asked him.

Not long after that, he said, Hernandez commented about his endorsements.

Also Wednesday, a police detective described how officers found a shell casing and blue bubble gum that they used to link Hernandez to the June 2013 killing.

North Attleborough police Detective Michael Elliott was cross-examined by Hernandez lawyer James Sultan.

Elliott said police were called by a rental car company worker, who told them several items had been removed from a car Hernandez rented and put in a trash bin. Elliott said police searched the bin and found the shell casing attached to the gum.

Sultan questioned the way police handled the items.

Prosecutors have said Hernandez bought blue bubble gum shortly before the killing.
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link
 
Simmering tensions between Superior Court Judge E. Susan Garsh and prosecutor William McCauley boiled over Friday
Simmering tensions between Superior Court Judge E. Susan Garsh and prosecutor William McCauley boiled over Friday when the judge told McCauley that he could not ask Odin Lloyd’s sister any questions about four text messages she and Lloyd exchanged minutes before he was shot dead in North Attleborough.

With the jury out of the courtroom, McCauley asked Garsh to explain why she believed asking about the messages was prejudicial to Aaron Hernandez, the former New England Patriots start tight end who is on trial for Lloyd’s murder. But Garsh, at times raising her voice, told McCauley her decision was not up for discussion.

“I have made a ruling. I don’t intend to rule any further,” said Garsh, who at one point in her tense exchange with the prosecutor said the state appellate court would understand her ruling. McCauley, the first assistant district attorney in Bristol County, hinted the prosecution may file an emergency interlocutory appeal to overturn Garsh’s ruling unless both sides can reach an agreement.

At issue is a stipulation the prosecution wanted the court to give the jury. If allowed, the jury would have been told that Lloyd and his sister, Shaquila Thibou, exchanged four text messages between 3:11 a.m. and 3:23 a.m. on June 17, 2013. According to testimony, Lloyd, 27, was shot and killed around 3:30 a.m. in the North Attleborough Industrial Park. Prosecutors allege Hernandez, 25, orchestrated the murder two days after he and Lloyd had a disagreement outside Rumor nightclub in Boston.

According to the proposed stipulation, the jurors would have also been told the location of those text messages. Prosecutors and defense lawyers, according to remarks made in open court, had apparently agreed on that stipulation during a lengthy sidebar discussion. But when both sides returned to open court, Hernandez’s lawyers said they would only stipulate that Lloyd was alive at 3:23 a.m. McCauley balked, then Garsh interrupted him and said prosecutors could later submit Thibou’s telephone records to show the times and locations of the text messages. McCauley had planned to call Thibou as a witness Friday, but changed his mind after Garsh’s ruling and said he may call Thibou at a later date.

Even if Garsh had allowed the prosecution’s stipulation, the jury would still not have been told what the text messages said. According to previously filed court documents, Lloyd texted his sister “U saw who I’m with” and another that indicated the person was “NFL,” referring to Hernandez. Lloyd’s last message was “just so you know.” In December, Garsh said those messages could not be allowed into evidence because prosecutors did not prove that they showed Lloyd was afraid for his life.

Friday’s clash also underscored a strained relationship between Garsh and McCauley, both of whom clashed after a 2010 murder trial in New Bedford. After that trial, McCauley, though he secured a conviction, publicly accused Garsh of making biased rulings in favor of the defense. In October 2013, McCauley filed a motion asking Garsh to recuse herself from the Hernandez trial because they had a “well-known and publicly documented history of antagonism.” Garsh subsequently denied the request and said she harbored no bias toward the prosecution...
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http://youtu.be/dwjsNUc5qjA?t=1h8m3s

Video of Aaron Hernandez's baby mama carrying what is purported to be a bag in which contained the murder weapon and associated items.

She asked her sister, who was Odin Lloyd's girlfriend at the time, if she could borrow her car to go to the bank to get cash to pay Hernandez's housekeepers.

[IMGwidthsize=225]http://www.trbimg.com/img-54da636d/turbine/hc-aaron-hernandez-murder-trial-shayanna-immun-001/400/400x225[/IMG][IMGwidthsize=225]http://www.bostonherald.com/sites/default/files/styles/full/public/media/2015/02/24/022315hernandez03a.jpg[/IMG]

The housekeepers testified they had already been paid by check -- the usual method. One housekeeper, Barbosa, added that Shayanna Jenkins seemed shaken up that day.

“I saw her speaking on the telephone,” Barbosa said. “I saw her looking out the window. She was crying. She was nervous.”

Prosecutors contend Hernandez's girlfriend used her sister's -- the girlfriend of the victim -- car to dispose of the murder weapon...

That is cold blooded.
smiley_emoticons_stevieh_seufz.gif
 
The prosecution is building the case piece by piece. Even tho gh some pi ces are mis ing, I am s re the jur rs w ll able to fi l them in.


Official: Hernandez texts missing

FALL RIVER, Mass. -- Texts and phone records shown to jurors Friday in the murder trial of former New England Patriots player Aaron Hernandez showed that several messages he exchanged with a co-defendant before the killing were deleted from his phone.

Evidence presented to the jury Friday also showed multiple calls placed from the phone of co-defendant Ernest Wallace to the victim, Odin Lloyd, in the hours before he was killed, including the same minute that Lloyd was seen getting into a car outside his home about an hour before he died early on June 17, 2013.

The records showed that Hernandez, at times using his lawyer's phone, called Wallace repeatedly the night of June 17 after police had gone to his home and asked him to come to the station while they investigated Lloyd's death.

Ricardo Leal, who works for the phone company Sprint, testified for 3.5 hours Friday.

Prosecutor Patrick Bomberg went through dozens of nondeleted text messages Hernandez exchanged with Wallace in the days surrounding the killing. Prosecutors have previously said Lloyd sent his last text to his sister at 3:23 a.m. and was killed within minutes, shot to death at an industrial park near Hernandez's home in North Atteborough.

Lloyd was dating the sister of Hernandez's fiancee.

Wallace and a third man, Carlos Ortiz, are also charged and have pleaded not guilty. They will be tried separately. Prosecutors have said Hernandez orchestrated the killing.

Bomberg on Friday showed the jury several texts from Hernandez to Wallace hours before the killing in which Hernandez pushed Wallace to come see him.

One, at 9:02 p.m., said "Please make it back Cuz Im Def trying to step for a little." Another, at 10:23 p.m., told him to "hurry up" with a couple of expletives.

On June 11, Hernandez asked Wallace if he removed everything from a car, "clip and cds and everything?" The following day, he tells Wallace he needs "those keys" and things are "crazy."

"U gotta listen yo," he writes. "I need them by 6 man please head back now."

A few hours later, early on June 13, he writes: "I wanted to kill u but u kno I love u hit me tomorrow get some rest and tell the rest I love them."

Leal testified that several other text messages that appeared in records did not appear on the phone. It's not clear yet whether investigators were able to retrieve them.

He also testified that records showed Wallace's phone was used to call Lloyd five times between 1:22 a.m. and 2:32 a.m. on June 17. Video surveillance previously shown to the jury showed Lloyd getting into the back seat of a sedan at 2:32 a.m. outside his home.

Lloyd's body was found the evening of June 17, and police soon tied him to Hernandez because Lloyd had a key in his pocket to a Chevrolet Suburban that Hernandez had rented. That night, police went to Hernandez's home and asked him to go to the police station, which he did.

Video from the police station parking lot previously shown to the jury showed Hernandez using his lawyer's phone to make several calls.

Phone records introduced Friday showed Hernandez repeatedly calling Wallace the night of June 17 and early the next morning, often using the lawyer's phone. More than a dozen calls were made to Wallace that night between 9:47 p.m. and about 2:20 a.m. from Hernandez's phone, his lawyer's phone or the phone of his fiancee, Shayanna Jenkins.

Phone records introduced Friday also showed several calls placed from Wallace's phone to Oscar Hernandez, who has been tied to a gun found in Aaron Hernandez's home and who pleaded guilty last month to lying to a grand jury, witness tampering, obstruction of justice and a gun conspiracy charge. The two Hernandezes are not related.

After the killing, records showed Oscar Hernandez calling Wallace's phone several times, Leal testified.
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CloakNNNdagger said:
More interesting facts come out.

Aaron Hernandez trial: Testimony of Lloyd's sister is key point of Day 18
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Jurors, however, may be skeptical about the closeness in the relationship between Hernandez and Lloyd when Lloyd’s sister and mother, both of whom lived with Lloyd, portrayed Hernandez as a complete stranger...
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Hernandez shooting LLoyd multiple times in the chest with a .45 automatic that night also casts doubt on the closeness of the relationship. :truck:
 
Playoffs said:
Hernandez shooting LLoyd multiple times in the chest with a .45 automatic that night also casts doubt on the closeness of the relationship. :truck:
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~It depends how good of a marksman he is. Unless he is really good, he had to be CLOSE.~

OK. It's bad. Just trying to lighten the mood.
 
Former New England Patriots player Aaron Hernandez's DNA matched genetic material found on a cigarette butt at the scene of a murder, a crime lab scientist testified on Friday.
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Link

Casing in his rental car, DNA at the scene. He's toast.
 
infantrycak said:
Link

Casing in his rental car, DNA at the scene. He's toast.
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She said she first compared it with Lloyd's DNA and discovered he could have been one of the people whose DNA appeared on the butt. She said she then was able to use Lloyd's DNA to deduce the second DNA contributor.

"I did a comparison between the profile I deduced and the profile of Aaron Hernandez," she said. "I found that the profile from Aaron Hernandez matched the deduced DNA profile."

She then ran a statistical analysis and determined the likelihood it was someone else is one in more than a quadrillion.

"How many zeros does a quadrillion have?" prosecutor William McCauley asked her.

"One with 15 zeros after it," she replied.

He then asked her the world's population: 7 billion - and pointed out a quadrillion is one million times a quadrillion.
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Oopsie!.........and no one says boo?:kitten:
 
Hernandez's fate is looking worse the more details come out.


Video shows Hernandez allegedly holding gun hours before Lloyd's death

Kevin Vaughan FOX Sports
MAR 09, 2015 11:33a ET


FALL RIVER, Mass. – Shortly before embarking on a journey that ended in an alleged murder of Odin Lloyd, Aaron Hernandez walked through his family room with a black object in his hands – an object prosecutors claim was a pistol.

Jurors in Hernandez’s murder trial got a view of that moment Monday when prosecutors played a number of clips from the video surveillance system in the former NFL star’s home. And the one that garnered the most attention in the courtroom was captured shortly before 1 a.m. on June 17, 2013.

In it, Hernandez walks through his family room, past his fiancée, Shayanna Jenkins, his young daughter and the couple’s babysitter, Jennifer Fortier.

As Hernandez moves the object from one hand to the other, one of his alleged accomplices, Carlos Ortiz, walks behind him.

A defense attorney suggested in his opening statement that the object was a remote control – and lead prosecutor William McCauley tried to refute that while questioning Fortier.

“This remote control – did you ever see a remote control anywhere in the house that resembled a firearm, a gun?” McCauley asked.

Defense attorney Michael Fee immediately objected, and Judge E. Susan Garsh sustained it.

“OK,” McCauley continued, “describe any remote control that you saw in that house.”

“The only ones I’ve ever seen are what I told you earlier, a rectangle, black or gray,” she said.

It was impossible to tell from the clip played Monday exactly what Hernandez was holding. However, prosecutors have other shots they allege show Hernandez with the murder weapon, and Judge Garsh has ruled that they can call an official from Glock who has studied the video clips and concluded the object is, in fact, a handgun manufactured by the Swiss company.

It is not clear when he will be called to testify.
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Will Aaron Hernandez's fiancée testify against him?

This is only an excerpt.........a potentially very interesting cat and mouse game by the prosecution:

Jenkins has thus far remained staunchly loyal to Hernandez, the football star she began dating at Bristol (Conn.) Central High School, where she ran track. She moved in with him in 2010, when he joined the New England Patriots. She spoke to police shortly after Lloyd's murder only to stop abruptly when, the cops say, she received a call from Hernandez.

She has her own legal issues, charged with repeatedly lying to a grand jury convened in the case, mostly about the presence of guns in their house. (Hernandez also faces weapons charges). The Commonwealth is so eager for her testimony in this trial it offered full immunity on those charges, as well as anything she would say on the stand.

Without the threat of facing charges, Jenkins can no longer invoke her Fifth Amendment right to remain silent against self-incrimination. She must testify or face contempt of court charges. If she chooses the latter, she could be ordered into custody by Superior Court Judge Susan Garsh and immediately hauled out of the fifth-floor courtroom here.

It is both the most anticipated and likely dramatic moment left in the trial.

Even if Hernandez and Jenkins quickly married it wouldn't afford her "spousal privilege" because the law only protects conversations after the marriage. Besides, the Bristol County House of Corrections he resides in doesn't offer such ceremonies.

Prosecutors may save Jenkins for last, leaving the jury with either influential testimony or a scene straight out of Hollywood that the defense would be left to clean up.

The Commonwealth could also decline to call her, believing its case is strong enough already. A juror could potentially feel sympathy for a young mom being compelled to testify against her fiancée or be sent to jail and thus lose her daughter. Especially if the Commonwealth believes she doesn't have much to say.

"Their relationship, in many ways, had what I refer to as a 'don't ask, don't tell' aspect," her attorney argued at a 2013 hearing that allowed Jenkins to avoid being immediately jailed.

The prosecution believes she did ask and he did tell. As a tactical ploy, it has let as much of the trial play out before dealing with her.

By now Jenkins should see that the evidence against Hernandez is, while mostly circumstantial, both compelling and considerable. While anything is possible with a jury, at this stage, it appears he is far more likely to be convicted than not.

Then there are bits and pieces of testimony that may have strained the Hernandez-Jenkins relationship. At one point text messages were read in which Hernandez complained about Jenkins and stated he needed a friend to come over so he wasn't stuck spending an entire day with her. Jenkins wasn't in court that day.

And there is testimony from babysitter Jennifer Fortier that she and Hernandez kissed – two days before Lloyd was shot dead – and she had to stop his further advances. Hernandez, in a text message to Jenkins, apologized for getting too drunk and high that evening but didn't mention Fortier's presence at a nearby apartment he rented.

The practical play for Jenkins here is obvious to an outsider.
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Patriots security chief confirms Hernandez’s alibi attempt
March 31, 2015, 11:10 AM


At the first Aaron Hernandez murder trial, Patriots owner Robert Kraft was followed to the witness stand by Patriots security director Mark Briggs. And Briggs confirmed the most important aspect of Kraft’s testimony.

Via Dan Wetzel of Yahoo! Sports, Briggs (like Kraft) testified that Hernandez said he didn’t kill Lloyd, and that Hernandez was at a “club.”

“He swore on his baby’s life he was telling the truth,” Briggs said of Hernandez.

Hernandez definitely wasn’t telling the truth about his whereabouts. The prosecution will now hope that this will help the jury conclude he also wasn’t telling the truth about his innocence.
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Piece of lowest humanity!:mcnugget:
 
Michele Steele ‏@ESPNMichele
From the sounds of it, the Hernandez defense only has ONE witness - and it will likely rest on Monday
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Greg A. Bedard ‏@GregABedard
Prosecution indicates it will be resting by Thursday. Didn't mention Belichick as possible witness.
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Playoffs said:
Michele Steele ‏@ESPNMichele


Greg A. Bedard ‏@GregABedard
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Although I never believed it would happen, from reports, is is not entirely clear whether Hernandez will be put on the stand Monday. If he does make it to the stand, who knows when the trial will end.
 
CloakNNNdagger said:
Although I never believed it would happen, from reports, is is not entirely clear whether Hernandez will be put on the stand Monday. If he does make it to the stand, who knows when the trial will end.
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He won't.

The only witness expected to be called by defense is a DNA expert -- employed by the same company the OJ Simpson's DNA expert was from.
 
I haven't kept up with every detail of this case , but seems to me the prosecution has a bunch of circumstantial evidence and he said she said witnesses .... with no real proof he's guilty.

I tend to believe he did it .... but that doesn't mean I'd convict him based upon actual evidence , its entirely possible he gets off.
 

Judge denies bid to toss murder charge against ex-NFL star Hernandez
Reuters
By Elizabeth Barber 1 hour ago

FALL RIVER, Mass. (Reuters) - The trial of former National Football League star Aaron Hernandez will resume next week after a judge on Friday rejected a bid by defense attorneys to throw out the case.

Prosecutors say Hernandez, who played tight end for the New England Patriots, and two friends gunned down semi-pro football player Odin Lloyd in an industrial park in North Attleborough, Massachusetts, before dawn on June 17, 2013.

They say Hernandez and Lloyd had a disagreement at a nightclub two nights before.

Prosecutors rested their case on Thursday after calling more than 120 witnesses. The trial began in late January.

Defense lawyers argued on Friday that the prosecution failed to prove the counts of first degree murder and possession of a firearm, but Superior Court Judge E. Susan Garsh denied their request to dismiss the charges.

The defense has said they do not dispute evidence placing Hernandez in the industrial park on the night Lloyd was killed.

However they claim the prosecution has not proved Hernandez had a plan, motive or intent to kill Lloyd or that he knowingly participated in the murder.

No weapon has been found.

Hernandez’s defense is expected to be brief. The first witness is likely to be Dr. David Greenblatt, an expert on the hallucinogenic drug PCP.

Defense attorneys have hinted they may argue that Hernandez’s accused accomplices, Ernest Wallace and Carlos Ortiz, were high on drugs when they allegedly shot Lloyd six times.

The two men are due to be tried separately for murder.

If convicted, Hernandez, 25, faces possible life in prison.
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Prosecutors rested their case on Thursday after calling more than 120 witnesses.

No weapon has been found.
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More than 120 witnesses .... None of which actually witnessed the alleged act.

No weapon found.


Sounds to me like the prosecution really has no "Proof" that Hernandez did in fact commit or participate in the murder.

I think he did it but I don't think they can or have proved it. Its all circumstantial or he said she said none of which is beyond reasonable doubt.
 
Corrosion said:
More than 120 witnesses .... None of which actually witnessed the alleged act.

No weapon found.


Sounds to me like the prosecution really has no "Proof" that Hernandez did in fact commit or participate in the murder.

I think he did it but I don't think they can or have proved it. Its all circumstantial or he said she said none of which is beyond reasonable doubt.
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You may be correct. But there have been many convicted on circumstantial evidence alone in the past..........and executed.
 
CloakNNNdagger said:
You may be correct. But there have been many convicted on circumstantial evidence alone in the past..........and executed.
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Aren't they usually alone though (Scott Peterson comes to mind)?

I wish I knew the law better, but I think all they have shown is that Hernandez was there and didn't report the crime. There is no robbery or other crime to say was part of the act. Seems like to convict him, they will need intent.....otherwise he's just a guy who freaked out when his friend was shot. I think closing arguments decide it.

If there is a line in Vegas, I wouldn't touch either side of the outcome.
 
"Mere presence is not enough," [Hernandez attorney] Fee argued, essentially implying that Wallace did the killing. "In our system we cannot be convicted of a crime just because we hang with the wrong people or are in the wrong place at the wrong time."

Except moments later Judge E. Susan Garsh addressed the jury and pointed out that Fee wasn't accurate and, well, you sort of can be convicted for that under Massachusetts' "joint venture" law.

"The Commonwealth does not require proof that the defendant himself performed an act that caused Odin Lloyd's death to establish that the defendant is guilty of murder," Garsh said. "The Commonwealth requires two things, first the defendant knowingly participated in the commission of this crime and second, he did so with the intent required to commit the crime."​

And that there may be the entire case against Aaron Hernandez.

Hernandez has the superior lawyers. He has the holes in the prosecution's case. He has enough reaches by the commonwealth to make fun of their conspiracy tactics. He has pretrial victories that will keep away from the jury damning evidence such as his pending double homicide case up in Boston or the civil suit from when he shot another friend in the face down in Florida

The prosecution has the law, and "joint venture" is a doozy against Hernandez.

There is little question he was there when Lloyd was shot and killed. As such, the law essentially shifts the burden of proof off of the prosecution and onto the defense, a potentially devastating reversal of roles. If he was there, how wasn't he participating and what else would be the intent?

Hernandez needs to convince a jury that he willingly drove Lloyd to that forlorn spot at that lonely hour and willingly got out of the car and walked with Wallace and Lloyd to an even more forlorn and lonely spot. He then needs to argue that Wallace, some flunky from back home in Bristol, Conn., who relied on Hernandez for money and social status, decided, all on his own, to defy his sugar daddy and take a .45 Glock to one of Hernandez's other friends. Then everyone left him there to rot.

Hernandez and Lloyd were, according to Fee, "partying pals" with the shared interests of smoking marijuana and chasing women, often ones that weren't their girlfriends, who happen to be sisters.

After the killing Hernandez didn't call the police or roll on Wallace. (Wallace is also facing a murder charge; Ortiz has been charged as an accessory to murder). Hernandez didn't appear angry about the act or try to distance himself from Wallace...
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May not be the clearest explanation, but it popped up first: http://sports.yahoo.com/news/aaron-...t-proven-he-pulled-the-trigger-010829290.html
 
The lawyer pointed to other alleged failures in the investigation and ultimately conceded that Hernandez witnessed a murder committed by someone he knows, essentially blaming Carlos Ortiz and/or Ernest Wallace for the shooting.
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Link

The problem with this approach is that most folks figure the big dog in the room directs what happens.
 
infantrycak said:
The problem with this approach is that most folks figure the big dog in the room directs what happens.
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Especially when Big Dog gives the fall guy a car and cash right after the murder.

And the whole the other guys were crazy high on PCP and shot my close friend defense -- how defense characterized relationship with Lloyd in opening... why would you drive crazy gun firing PCP dudes back to your house and invite them inside where your ~wife and baby are?

I still think someone on this jury will ignore/misunderstand that joint venture concept. I assume they can hang a jury in Mass.?
 
Playoffs said:
Especially when Big Dog gives the fall guy a car and cash right after the murder.

And the whole the other guys were crazy high on PCP and shot my close friend defense -- how defense characterized relationship with Lloyd in opening... why would you drive crazy gun firing PCP dudes back to your house and invite them inside where your ~wife and baby are?

I still think someone on this jury will ignore/misunderstand that joint venture concept. I assume they can hang a jury in Mass.?
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He would have a lot better chance if Lloyd had been shot somewhere "normal" - one of their residences, outside some club they'd been in, etc. Someplace that arguably looks spontaneous. It looks like a collaborative effort to engage in some kind of illegal activity to drive him out in the boonies and then walk him even further.

Mass does require a unanimous jury verdict. There are a few instances where a judge can remove a juror during deliberations such as an admission of bias/inability to follow the law, physically separating from the jury, refusing to participate in deliberations. Then an alternate would be seated.
 
infantrycak said:
...It looks like a collaborative effort to engage in some kind of illegal activity to drive him out in the boonies and then walk him even further...
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Yeah, if I'm a juror with limited info they have I have to wonder why Hernandez would plan a murder within spitting distance of his own home. They don't know this was a crazy azz pseudo serial killer who was shooting people for no reasonable means.

It came out he shot his associate Bradley and dumped his body in a warehouse district in Florida to die over a dispute about splitting a bar tab. Normal people can't grasp that, I don't think.
 
Sometimes all it takes is just one small wrench thrown in the prosecution's case to cast doubt in the mind of the jury. We'll see. The case is now in the hands of the jury.
 
So Hernandez was present and admittedly "witnessed" the shooting.

An interesting comment by a reader of the Boston.com Hernandez article.:
What's more likely. That two guys from CT called up Aaron at midnight and said "yo bro, we want to drive 180 miles to Mass and kill that dude we don't know right by your house with your car who happens to be your girlfriends sisters boyfriend and risk your NFL career!" Or that Aaron texted his friends get up here asap, which he did, and then drove to Boston to pick Lloyd up then drove to a quiet complex near his house and took care of business! Because he's done it in the past and gotten away with it.
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Although I many times doubt it, I hope that these jurors have just a crumb of common sense.
 
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