Judge agrees to vacate Aaron Hernandez's murder conviction

  • Judge agrees to vacate Aaron Hernandez's murder conviction

Judge agrees to vacate Aaron Hernandez's murder conviction

Bristol County District Attorney Thomas Quinn said after court, "Hernandez deliberately, consciously and voluntarily chose to end his life".

Deceased former Florida Gators and New England Patriots TE Aaron Hernandez is no longer a convicted murderer. This comes less than a month since he hanged himself in prison.

The legal principle that guided Garsh is known as abatement ab initio, Latin for the phrase "from the beginning".

But since Hernandez, who committed suicide last month in his jail cell at the Souza-Baranowski Correctional Center, died before the appeals process could be completed, Judge E. Susan Garth ruled Tuesday his conviction must be vacated under a MA legal principle known as "abatement ab initio".

Quinn said his office would file an appeal.

Lloyd's mother, Ursula Ward, attended the hearing.

Prosecutors have suggested that the ex-pro planned his suicide - which came days after he was acquitted in a separate 2012 double murder - in a ploy to exploit the abatement doctrine and make his family... well, rich. As a result of the crime, the Puerto Rican athlete was serving a life sentence. She said that Hernandez was guilty and as far as she's concerned, he always will be guilty. The Patriots could, potentially, shell out a $3.5 million bonus that Hernandez lost after being arrested for the Lloyd murder. "[Judge Susan Garsh] said it is unclear why Hernandez killed himself and that a recently released correction department report provides no clear evidence of his motive", the Courant reported Thursday. This means the New England Patriot is now considered "not guilty" in the eyes of the court!

Hernandezs lead attorney in the double murder trial, Jose Baez, has pledged to independently investigate the death.

In Tuesday's hearing, Garsh insisted that Hernandez's status reverted back to assumed innocence in death.

Susan Garsh said she was compelled to adhere to a long established practice in MA to void convictions of defendants who have not had the merits of their appeals decided. She said she was compelled to follow it.

Summary: With former National Football League star Aaron Hernandez no longer able to appeal his conviction, MA law dictates that convictions can be nullified.

"The defendant should not be able to accomplish in death what he could not accomplish in life", Bomberg argued.

"Although Hernandez was convicted in 2015 of murdering Odin L. Lloyd of Boston, Hernandez's appeal was not complete".

Hernandez's appellate lawyer told a judge during a court hearing Tuesday that a long-established legal doctrine in MA requires the court to vacate his conviction because Hernandez died before his appeal of his murder conviction could be heard. They said his conviction wasnt considered final because the automatic appeal he was entitled to had not been heard.

Prosecutors said they would appeal the ruling to the Massachusetts Supreme Judicial Court.

On Tuesday, a MA judge vacated his murder conviction posthumously.

In the weeks since Hernandez's suicide, evidence has emerged suggesting that he was aware of the possibility of abatement.