Aaron Hernandez’s Murder Conviction Will Be Voided After Suicide Thanks to Obscure State Law

People ^ | April 20, 2017 | Adam Carlson

[Trump20162020]

Disgraced NFL star and convicted murderer Aaron Hernandez died Wednesday “an innocent man” — according to a little-known legal doctrine in Massachusetts that traces its origins to English common law, one outside expert tells PEOPLE.

Martin Healy, the chief legal counsel for the Massachusetts Bar Association, explains that the state observes abatement ab initio, which in criminal proceedings is applied if a defendant dies before all of their appeals have been resolved.

Under abatement ab initio (the latter phrase meaning “from the beginning”), the defendant’s case returns to its initial phase and the slate is wiped clean.

“It’s as if the trial has never happened, and it’s as if the indictment has never happened,” says Healy, who is unconnected to the case.

So “under the eyes of the law, Hernandez has died an innocent man,” Healy continues. “He has not been convicted of any crime in Massachusetts.”

[Mercat]

I wonder if he knew that. Gift to his family?

[JediJones]

Is there still time for O.J. to take advantage of this?

[adorno]

Massachusetts better put up a wall, because with their “loophole” for murderers, murderers might be moving up there and filing all kinds of appeals after their murders, just so they can be declared “innocent” after they off themselves.

[skimbell]

Patriots will probably be on the hook for his contract now.

He had some shortys y'know.

[hanamizu]

Aaron Hernandez died Wednesday “an innocent man”

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To split hairs here, he died a guilty man. Only after he was dead, did the possibility of his conviction being set aside occur.

[Trump20162020]

Anyone trying to launch a civil suit against his estate is screwed now. They can no longer point to a murder conviction.

[ColdOne]

Odin Lloyd not available for comment.

[PJBankard]

I think people are getting this wrong. Hernandez was convicted in 2015 and began the appeal of his conviction almost immediately. Abatement Doctrine applies for those that have not been given the chance to appeal (Ken Lay - Enron)

[zeestephen]

Legally, that’s brilliant.

That may close the possibility of any civil action against his Estate because Hernandez cannot testify in his own defense.

And, it’s possible his contract with the New England Patriots will come back into force, just as it would have if he had been found not guilty in his first murder trial.

His daughter would certainly have a claim against the Patriots.

And, presumably he left a Will, so his girlfriend and his family might have claims against the Patriots, too.

[a fool in paradise]

The same sort of lunacy that leads journalists to refer to dead at scene murderers as ‘’alleged murderers’ and suspects’. Whenever the say that my response. Is “I sure hope they got the right guy then!”

[zeestephen]

Has the initial appeal been adjudicated?

Not that I heard about.

And if it did confirm the conviction, most of the time there would be some plausible grounds for a federal appeal.

[x]

The same sort of lunacy that leads journalists to refer to dead at scene murderers as ‘’alleged murderers’ and suspects’.

No, this is different and worse.

[Gay State Conservative]

I recall a pretty famous case in New York that had the same resolution...a murder conviction vacated because that guilty verdict was under appeal when the guy died.

Well,at least his three victims will be able to collect some $$$ now.

[Fhios]

dollars to donuts this is not entirely true.

He was tried and convicted. No more innocent until proven guilty, from then on out it’s guilty until found otherwise.

[PJBankard]

To my knowledge it hadn’t be adjudicated, but it was in the process for almost 2 years. How far along in that process, I do not know. But he was given the opportunity to appeal. The fact that the appeal hadn’t been adjudicated is not sufficient for abatement. As well, if he failed to appeal with x days of his conviction (i think the standard is 30) there would be no appeal, since his appeal was in process means he had sufficient time to appeal considering his conviction was in June of 2015.

[Go Gordon]

And, it’s possible his contract with the New England Patriots will come back into force, just as it would have if he had been found not guilty in his first murder trial.

What good is his contract, if he doesn't show up and play?

[deport]

I believe Ken Lay’s death left a compensation ruling void.

[cynwoody]

If Hernandez’s conviction is vacated, the Patriots might owe his estate his $3.5m bonus and his $2.5m base salary, both of which were halted after his 2013 arrest.

http://nypost.com/2017/04/20/patriots-now-might-owe-aaron-hernandez-millions/

[cynwoody]

Anyone trying to launch a civil suit against his estate is screwed now. They can no longer point to a murder conviction.

You may recall another famous football player, who was famous for running through airports and who was acquitted of a double murder, was nevertheless successfully sued civilly for the crime for which he walked.