Judge throws out Aaron Hernandez's murder conviction after he commits suicide
The former Patriots star killed himself in prison last month
A Massachusetts judge vacated Aaron Hernandez's 2013 conviction in the murder of Odin Lloyd on Tuesday because the former Patriots tight end , reports the Hartford Courant. The decision comes three weeks after Hernandez in his prison cell.
Prosecutors urged Judge Susan Garsh not to dismiss the charges against Hernandez, who was serving a life sentence for Lloyd's murder, arguing that he chose to commit suicide before his appeal was heard.
"This is not a defendant who has arrived at the killing of himself by happenstance," Bristol County assistant district attorney Patrick Bomberg told Judge Garsh, according the Boston Globe. "The defendant should not be able to accomplish in death what he couldn't accomplish in life."
Garsh: this court cannot know why Hernandez chose to end his life.— Maria Cramer (@GlobeMCramer) May 9, 2017
Garsh: "this court cannot draw the inferences" the commonwealth drew from its investigation into suicide of #AaronHernandez— Maria Cramer (@GlobeMCramer) May 9, 2017
Garsh: "in the interest of justice the court has no choice" but to invoke abatement and dismiss the charges against #AaronHernandez— Maria Cramer (@GlobeMCramer) May 9, 2017
More details, via the Courant:
The legal principle that reversed Hernandez's conviction posthumously is known as "abatement ab initio" â a Latin phrase meaning "from the beginning" â and dates to when Massachusetts was a British colony. The abatement doctrine states that it is discriminatory to a defendant or survivors to allow a conviction to stand before they have a chance to fully appeal it. Hernandez hanged himself in a Massachusetts prison last month.
Days after Hernandez's suicide, Lloyd's mother reportedlyas part of a wrongful death lawsuit.
The Patriots, two years after drafting him in the fourth round, and that deal included more than $16 million in guaranteed money. The team after he was arrested in June 2013 and didn't pay him $5.91 million of that guaranteed total.
Days before his suicide, Hernandezin the 2012 double murder of Daniel de Abreu and Safiro Furtado. He was survived by his fiancÃ©e, Shayanna Jenkins-Hernandez, and their 4-year-old daughter.
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