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Patriots TE Aaron Hernandez to be Questioned

ChampionTexan said:
The Pouncey twins have beaten you to the punch:
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Yeah but i dont think they are joking :rake:
 
CloakNNNdagger said:
I would guess that, after all the new information that has come out, his attorneys no longer believe his case still has a chance for an OJ ending, with all the ultimate positive legal publicity they could gain, and no longer want to shove a fortune up a goat's ass.............i.e., Hernandez's ass. Besides, being in prison for so long, it should already be fully-occupied by other things.
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Someone might have tried. He was involved in a "prison incident"....it appears to have worked out poorly for the other party.
 
Judge sounds like she's going to throw out some seizures of electronic storage devices -- cellphones/iPads -- because the affidavit for the search warrant wasn't stapled to the warrant. SMH.
 
Hernandez D appears to be getting desperate.
Full Court Press: Insanity defense? Aaron Hernandez lawyers want med records
Wednesday, June 18, 2014
By Bob McGovern

Aaron Hernandez’s legal team is bearing down on the New England Patriots in an attempt to gain access to a treasure trove of medical records that could play right into an insanity defense for the tattooed former tight end.

Michael Fee and James Sultan, the all-star defense duo for the disgraced former Pro Bowler in the Odin L. Lloyd murder case, want all records concerning Hernandez’s “psychological testing, medication records, X-rays, MRIs, CT scans (and) drug or alcohol abuse-related reports” while with the Patriots, according to yesterday’s filing. If the Pats cough the records up — or if a judge forces them to — Hernandez could carry that file all the way to a jury.

“They could be setting up a defense that perhaps he wasn’t in his right mind that night, either by a mental health issue that he had or some type of drug or alcohol he was under the influence of, or both,” said David Yannetti, a criminal defense attorney not involved in the case.

Hernandez, 24, faces an Oct. 6 trial in the murder of semi-pro football player Odin L. Lloyd of Dorchester a year ago yesterday in North Attleboro. He also faces other charges in a double murder in Boston. The medical file in the Lloyd case is fast becoming a major issue and the Patriots, so far, refuse to respond.

In Massachusetts, first-degree murder requires “deliberately premeditated malice aforethought.” If the Patriots’ records show that Hernandez was mentally impaired — either by drugs, concussions or something else — the charge of first-degree murder could be off the table.

“The only thing that makes sense to me is if there’s a possibility that he had a pre-existing mental condition that’s demonstrated through some of the Patriots’ background information,” said Tim Burke, a former Suffolk prosecutor not involved in the case.

It could also push the trial back. Should defense attorneys get their hands on some insanity-defense evidence, experts need to be called in.

If the prosecutors establish the events leading up to Lloyd’s death, however, “there’s so much out there that suggests that there was a premeditated act … it would essentially nullify any insanity defense,” Burke added.

The information on those files could also be used against prosecutors.

“Some of these records may be protected by 
HIPPA. If the Patriots released them without his authority to prosecutors, there may be a violation of the HIPPA laws regarding privacy,” Burke said of the medical privacy law. “Maybe they’re looking to see if prosecutors already have them, in which case there could be a violation.”

If it turns out prosecutors got their hands on the former NFL player’s records first, and didn’t get them by court-approved methods, the evidence could be kept away from jurors if defense attorneys ask.

It could also just be that Hernandez’s attorneys don’t want to be caught sleeping when prosecutors start laying out their case.

Part of being prepared means knowing your client, inside and out.
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Playoffs said:
Judge sounds like she's going to throw out some seizures of electronic storage devices -- cellphones/iPads -- because the affidavit for the search warrant wasn't stapled to the warrant. SMH.
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Argued this today. Judge is a b-i-t-c-h.

Feed was choppy, but I think we're between stapled vs. paper-clipped. :wadepalm:
 
New England Patriots added to wrongful death suit against Aaron Hernandez

By Lorenzo Ferrigno, CNN

updated 10:50 PM EDT, Thu June 19, 2014

Watch "Downward Spiral: Inside the Case Against Aaron Hernandez" on Tuesday, June 24, at 9 p.m. ET on CNN.

New York (CNN) -- The families of two men who were fatally shot are suing the New England Patriots and its owners to prevent the football team from paying former player Aaron Hernandez, who has been charged in their slayings.

The NFL team and its owner's company, Kraft Enterprises, have been named as co-defendants in a $6 million civil wrongful death lawsuit along with Hernandez.

The attorney for the families is asking the court to prohibit the Patriots and its owners from paying Hernandez $3.25 million and other funds that may become due to Hernandez, who has pleaded not guilty to the murder charges.

The National Football League Players Association has filed a grievance on behalf of the former tight end after the team failed to pay him the multimillion-dollar sum, which was due in March, the lawsuit says.

The wrongful death lawsuit was originally filed in February on behalf of the families of Daniel de Abreu and Safiro Furtado, according to court papers.

The lawsuit alleges that the victims' families have sustained both fiscal and emotional damages.

Prosecutors say that in July 2012, Hernandez fatally shot de Abreu and Furtado in their car after de Abreu accidentally bumped into Hernandez and spilled his drink at a nightclub earlier in the evening.

"We are seeking to have the families who have been victimized by these deaths have some assets set aside that they may be somehow compensated," according to a written statement from William Kennedy, the families' attorney. "The two young men in our case both supported their mothers with their modest earnings. That support and emotional attachment has been lost forever.

"Our information is that Hernandez has received over $11M in compensation in the 3 years as a Patriot," Kennedy added. "Part of his funds and assets should be set aside for the victims of his crime. The victims should be compensated."

CNN has reached out to the Patriots and Kraft Enterprises but has not yet received a response.
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Hernandez's next scheduled hearing in Fall River Superior Court is July 7, 3 p.m., for a compliance check on discovery materials and the filing of a pretrial conference report. The judge will probably issue her ruling on the suppression/dismissal motions by then.


The trial date for Hernandez in Fall River was "penciled in" for Oct. 6, but that is likely to change as the case proceeds forward with motions and counter-motions, and possibly appeals.


One interesting thing to note: the defense team hinted it may request a change of venue because of the intense pretrial publicity. As to where that new venue would be is up in the air, as it remains difficult to imagine any jurisdiction in Massachusetts, or pretty much almost all of New England east of New Haven for that matter, where the Hernandez case has not generated a lot of attention and news coverage.
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link

You can run, but you can't hide.:specnatz:
 
Playoffs said:
BostInno ‏@BostInno
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Quote:
BREAKING: Aaron Hernandez allowed to transfer jails closer to Boston, as ruled by a judge in a court hearing http://bit.ly/1qON6nD


More breaking news: Judge E. Susan Garsh today made the final payment on her home, bought a new car and added a sizable sum to her retirement fund.

Isn't the Amercan justice system great?

I am sure I/you would have been shown the same courtesy. :sarcasm: For those who need it.

:coffee:
 
http://www.bostonglobe.com/metro/20...ots-records/aV0uaHw2tKqbucJH7DQQFN/story.html
The New England Patriots have offered to turn over 317 pages of Aaron Hernandez’s medical and personnel records to the lawyers defending the former Patriots player, who faces murder charges in both Bristol and Suffolk Counties, a Patriots lawyer said today.

But the team does not want to turn over a 2010 NFL combine report on Hernandez or scouting reports from 2009 and 2010, Andrew Phelan, the team’s lawyer, said in a hearing in Bristol County Superior Court here.

Phelan said the defense was engaged in a “fishing expedition.”

But Hernandez defense attorney Michael Fee said the Patriots should turn over the final few pages. He described the combine report as a “psychological assessment” and said the defense was “looking for solid evidence about our client” that could help in Hernandez’s defense.
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I wonder if National Scouting gets sucked into this?
 
The ultra-private Belichick and Pats are not going to enjoy this.

Per PFT:

Texts from Belichick to Hernandez (33 pages) included in evidence
Posted by Darin Gantt on July 14, 2014, 3:10 PM EDT
New England Patriots head coach Bill Belichick addresses the media regarding the criminal charges against Aaron Hernandez in Foxboro Reuters

The Patriots have worked extremely hard to distance themselves from Aaron Hernandez since he was first charged with murder, with owner Robert Kraft saying they were all “duped,” and coach Bill Belichick retreating to the safe haven of grunting about football.

But they still had to talk about their former tight end to Massachusetts detectives.

According to Jenny Wilson of the Hartford Courant, the statements from both Belichick and Kraft were among the pieces of evidence turned over to Hernandez’s defense attorneys, and made available Monday.

Prosecutors also turned over 33 pages of text messages between Belichick and Hernandez between February 2013 and May 2013, the four months leading up to the shooting death of Odin Lloyd.

That’s a load of communication between a coach and a player, especially a coach who doesn’t appear to LOL very often.

Detectives also interviewed director of football Berj Najarian, director of player personnel Nicholas Caserio and strength coach Moses Cabrera according to the list of documents which are entered into evidence.

The evidence also includes rental contracts for dozens of cars, going back to 2011.
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CloakNNNdagger said:
Thank G-d, it was being reported that there was a real chance, her decision would not go this way.
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AHern's lawyers will litigate every little bit of evidence until his money runs out. I expect many pretrial decisions -- I think "other" smartphones & iPads are up next(?)
 
Hernandez Trial to Start Around the Same Time as NFL Playoffs
...the playoffs are scheduled to begin Jan. 3. Jury selection for the 2013 murder is scheduled to begin Jan. 9, according to The Globe.
...
Hernandez is also scheduled to stand trial for two charges of first-degree murder in the killings of Daniel Abreu and Safiro Furtado, who were shot to death on July 16, 2012 while stopped at a traffic light in Boston’s South End.

That trial is tentatively set to begin May 28, 2015.
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Aaron Hernandez Double Murder Trial Delayed Because of His Other Murder Trial
By Eric Levenson
Boston.com Staff
November 25, 2014 4:32 PM

A judge agreed to delay former Patriots star Aaron Hernandez’s double murder trial after his lawyers successfully argued that his first murder trial would get in the way of preparations.

Hernandez’s attorneys asked that the double murder trial, originally scheduled to begin in May, be delayed six months. Suffolk Superior Court Judge Jeffrey Locke agreed to a delay, but said he wanted to see how long the other murder trial took before deciding on a date, The Boston Globe reports.

Hernandez has pleaded not guilty to the 2012 murders of Daniel de Abreu and Safiro Furtado, who were shot to death while stopped at a traffic light in Boston’s South End.

Hernandez also faces a first-degree murder charge for the death of Odin Lloyd, a semi-professional football player who was killed in North Attleborough in June 2013. That trial is slated to begin in January.

Because prosecutors could call up to 300 people as possible witnesses in Lloyd’s case, Hernandez’s lawyers asked for the delay to have enough time to prepare for the double murder trial.

“If [prosecutors] really call all those people, we’re going to be in Bristol for two or three months,” Charles Rankin, one of Hernandez’s lawyers, said in court. “That would make it impossible for us to be ready by May 28.”
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Man tossed from Aaron Hernandez trial for yelling 'go Pats!'
Jury selection began Friday in the murder trial of former Patriots tight end Aaron Hernandez, with one man getting dismissed from the courthouse yelling "Go Pats!"

The man's outburst, coupled with the Bruins jersey he was wearing, got him immediately escorted from the premises as a Superior Court's December ruling banning Patriots gear from the courtroom has been extended to all sports memorabilia.

It is unclear if the man was a potential juror or was just present to observe the case, as the outburst occurred while he was still waiting in the security line.

Hernandez is charged with the 2013 killing of 27-year-old Odin Lloyd, Hernandez's fiancée's sister's boyfriend. The investigation into that killing connected Hernandez to a separate double-murder, which he will be charged with in Boston at a different trial that does not yet have a set date.
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Aaron Hernandez's Fiancée May Get Immunity To Testify Against Him
Prosecutors have submitted a petition to grant Aaron Hernandez's fiancée, Shayanna Jenkins, immunity in exchange for testifying against Hernandez. This would be a huge coup for the prosecution, as Jenkins has been pinned as the one who disposed of the alleged murder weapon, and would therefore be the only one with direct knowledge of what happened to it. If she can be flipped against Hernandez, he's in big trouble.

According to court documents, Hernandez sent Jenkins a coded text message the day after the alleged murder, instructing her to dispose of the gun. It read:
"Go in back of the screen in movie room when u get home an there is the box avielle likes to play with in the tub jus in case u were looking for it!!!! Member how u ruined that big tv lmao WAS JUST THINKIN bout that lol wink wink love u TTYL ..... K".
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Either Hernandez and Jenkins had already set up a complicated code system should a situation in which she needed to dispose of a murder weapon arise, or they are better at reading each other's minds than any couple in history.

As for what's in this for Jenkins, it's likely that the perjury charges that she's been indicted on would be dropped if she were granted immunity. The prosecution has been putting the heat on Jenkins from the beginning-she's been accused of lying dozens of times during her grand jury testimony-the point of which was almost assuredly to secure her testimony against Hernandez in exchange for immunity.
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Aaron Hernandez defense team willing to risk jail to protect his phone

Aaron Hernandez’s lawyers were willing to risk jail rather than turn over his cell phone, according to a Supreme Judicial Court ruling today.

Hernandez’s murder defense team told an appellate justice that if prosecutors “served the subpoena on the law firm, it would refuse to comply, subjecting itself to a finding of contempt.”

Suffolk prosecutors argued the phone contained information — in particular, text messages — that provided “evidence of a crime under investigation by the grand jury.”

The state’s high court ruled in favor of the defense, finding today that Suffolk County prosecutors improperly sought the subpoena of the cell phone in the double-homicide case he is facing in Boston.

The SJC found Hernandez had turned a cell phone over to his lawyers for “legal advice” in June 2013 — giving their possession of the device protection under attorney-client privilege — and therefore a Suffolk grand jury subpoena that sought to compel Hernandez’s lawyers to surrender the phone is invalid.

Hernandez is accused of three murders: Daniel de Abreu and Safiro Furtado in the South End on July 16, 2012, and Odin Lloyd in Attleboro on June 17, 2013. Hernandez was arrested for Lloyd’s murder before he was nabbed for the two prior killings, and the same legal team is representing him in both cases.

Last year, a Suffolk Superior Court judge had approved a grand jury subpoena compelling Hernandez’s lawyers to surrender the phone so it could be used in the double-murder case. Hernandez’s defense team appealed that approval to the state Appeals Court, which in turn bumped it to the SJC in April, and the judge stayed the order pending the appeal.

The SJC ruled in favor of the defense today.

SJC justices suggested Suffolk prosecutors were improperly using a grand jury subpoena to obtain the phone when they should have sought a search warrant for the phone’s contents.
The SJC noted that Suffolk prosecutors asserted they would “acquire a separate warrant before searching the contents of the telephone”; however, in the prosecutors’ motion seeking judicial approval for the grand jury subpoena, they indicated the “cell phone, specifically the information contained therein and accessible through a forensic examination of the phone, constitutes evidence that is essential to the successful completion of the ... ongoing grand jury investigation.”

The high court did not rule out prosecutors’ now obtaining a search warrant to acquire the phone’s contents for evidence.

Hernandez is referred to as “John Doe” in the Supreme Judicial Court’s 39-page decision and his name is impounded in the court record because at the time the case was brought he had not yet been indicted by the Suffolk grand jury.
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Kathryn Sotnik ‏@kathrynsotnik
#AaronHernandez can listen in to Judge's questioning, as can prosecutors. Looks more like a sideline huddle w/everyone in a circle. @NECN

Judge went to such great lengths that we not hear anything that there's a "sound machine" with white noise in the background. @NECN

Once again, NO cameras/cellphones allowed inside for this. Media is also NOT allowed to listen in. @NECN

Hello from Fall River, where today the Judge is interviewing potential jurors at sidebar in the #AaronHernandez case. @NECN
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That's a first for me. White noise machine in the courtroom.
 
Playoffs said:
Really? I never heard (no pun intended) of that. Interesting.

I guess some media tried to point one of those directional mics at a judge?
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Courtrooms aren't typically as big as the ones they show on TV. So the jury is a whole lot closer than you might think. And counsel can get pretty loud "whispering." A lot of courtrooms have a noise generator so the jury doesn't have to leave every time the lawyers want a sidebar with the judge. Typically it's a jurisdiction decision and they either have them in all the courtrooms or none. So it's really not a press thing although it serves that purpose as well.
 
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Opening statements next in murder trial of ex-Pat Hernandez

Aaron Hernandez once seemed to be a man with a bright future. At age 23 he had a Super Bowl appearance under his belt and a $40 million contract as a star tight end with the New England Patriots. He and his fiancee had started a family, living in a mansion in the Boston suburbs with their 8-month-old daughter.

This week, prosecutors will paint a different picture of Hernandez: they will portray him as a killer who orchestrated the shooting of semiprofessional football player Odin Lloyd.

Hernandez was arrested days after Lloyd's bullet-riddled body was found in an industrial park near his North Attleborough mansion. He has pleaded not guilty and, after more than two weeks of jury selection, his trial is expected to kick off in earnest this week with opening statements.

The case will be laid out in the courtroom just as Hernandez's old team prepares for Sunday's Super Bowl, the Patriots' first appearance since 2012, when Hernandez caught a touchdown pass in Super Bowl XLVI. The Patriots cut him less than two hours after he was arrested...
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51 other weeks, and they had to land on this one..? :headhurts:
 
Bristol County Superior Court Judge Susan Garsh selected 18 jurors out of a pool of 53 who had made it through the initial screenings, according to Bristol County District Attorney spokesman Gregg Miliote. In total, 13 women and five men were selected, and six alternates will be randomly selected before jury deliberations, Miliote said.

Opening statements were originally scheduled for tomorrow, but Garsh chose to postpone them until Thursday due to weather, Miliote said.
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http://www.bostonherald.com/news_op...2015/01/jury_chosen_for_aaron_hernandez_trial
 
Judge instructing jurors, told them to pahk yer cahr in the laht... lol.

Opening statements today online streaming at many locations.
 
Aaron Hernandez murder trial: 10 jurors unexpectedly excused on first day
Just as opening statements were expected to get underway in the trial of former Patriots tight end Aaron Hernandez, 10 jurors were unexpected excused from the trial Thursday morning.

Judge Susan Garsh said at the start of court proceedings Thursday that she had received "correspondence" and called a juror to the bench to for an out-of-ear-shot discussion with the juror, the prosecution and defense.

After a five-minute discussion, the juror was excused from the trial. Garsh then called more jurors to the bench and as of 10:30 a.m. had dismissed 10 jurors.

The Hernandez defense team requested that the individual questioning of jurors be done out of earshot of the public and with no access by the media.

There were a total of 18 alternate jurors chosen for the trial.

At this point, it's unclear why the jurors were excused.
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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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