Aaron Hernandez Trial (Odin Lloyd)

[Rovin Romine]

 
The fact that everyone thinks I'm an asshole (no one gives a statement because the only the only impact is "I'm glad he got killed")  shouldn't mean my assailant gets a lower sentence for the same crime committed against John Q. Not-Asshole.  YMMV.

 
Also, for lurkers, usually most of the salient facts in a Victim Impact Statement that *would* affect sentencing have already been made in trial.  This holds true for offense-specific details (e.g., if the asshole-victim was an asshole because they were picking a fight with the defendant, etc.)  It's also true for general victim specific facts: if the victim was a little girl in a wheel chair, the judge knows that by the end of trial as well.  
 
Also, for lurkers, usually sentencing is deferred for the defense to present a case for sentencing and for the prosecution to organize their case for sentencing. Arguments are made to the judge for higher/lower sentences.  The judge can usually apply some discretion in sentencing but is often bound by minimums and always bound by maximums.  (For example, the laws of a state may specify for a certain crime the defendant *must* be sentenced between 3 and 10 years, or 0-10, within which the judge has discretion.)  Many (most?) states also employ a semi-sophisticated "points" based system that further defines the range a judge must (or sometimes strongly suggests) sentence a convicted defendant to.  
 
Here, Garsh had no discretion - M1 in MA is mandatory life imprisonment.  So there's no point in the defense arguing anything about AH's character.  

 

[richgedman'sghost]

 
Been said before in this thread but worth repeating: RR absolutely killed it in this thread. Total must-read territory.

I'm not sure if RR would appreciate you describing him in those terms. LOL I kid, I kid. I do want to say thank you Romine for your fine work in this thread. I learned alot about the justice system and thought you were very even handed in your analysis. Kudos as Peter King would say.

 

[Rovin Romine]

AH will appeal obviously but sooner than later with civil suits pending and a looming second murder trial he's about out of cash.  He'll be looking for a Public Defender.  His assets were frozen, what about the house?  Does SJ still live there with their kid?  I don't see her moving back in with her family anytime soon.
 
As for he legal issues, what are they?
 
I'll hang up and wait.

 
Were his assets frozen?  If so, was Rankin et. al., doing this for free?  
 
The civil suit should be more or less automatic at this point.  Also, perhaps Garsh will order criminal restitution at a subsequent hearing.  Don't know how MA law works in that regard.  
 
Anyone care to speculate on AH's net worth?  

 

[Average Reds]

 
If I were to guess, based on his other tweets, he might have been, however inarticulately, expressing confusion over how AH was found guilty, but guys like Darren Wilson, Zimmerman, or the officer responsible for the death of Eric Garner walk. Of course, I'm also very tired and might be giving Spikes far too much credit.

 
Hadn't thought of that angle.  That's a convenient out for him, in the sense that it might even be true.
 
Still moronic for him to send out that tweet without context no matter what it meant.

 

[Average Reds]

AH will appeal obviously but sooner than later with civil suits pending and a looming second murder trial he's about out of cash.  He'll be looking for a Public Defender.  His assets were frozen, what about the house?  Does SJ still live there with their kid?  I don't see her moving back in with her family anytime soon.
 
As for he legal issues, what are they?
 
I'll hang up and wait.

 
Yeah, she certainly backed the wrong horse in this race.  And now she is left with nothing.
 
Once again, Justice is served.

 

[mauidano]

According to this article on CNN (FWIW); it says a judge from AH assets pending the outcome of the double murder trial.
http://www.cnn.com/2015/04/15/us/whats-next-aaron-hernandez/index.html
 
So his girlfriend can't be living the good life nor his legal team get cut a check, right?  A civil suit will wipe anything left out.

 

[PedroKsBambino]

Anyone care to speculate on AH's net worth?  

 
Trending downward, and rapidly?

 

[Rovin Romine]

According to this article on CNN (FWIW); it says a judge from AH assets pending the outcome of the double murder trial.
http://www.cnn.com/2015/04/15/us/whats-next-aaron-hernandez/index.html
 
So his girlfriend can't be living the good life nor his legal team get cut a check, right?  A civil suit will wipe anything left out.

 
Maybe Rankin was retained (and AH posted a retainer) before AH's assets were frozen.  I expect MA law is very specific about what (and how much) can be frozen, and if there are certain exceptions to the freeze.  (FWIW, a "freeze" of this type is more properly called a "preliminary injunction.")  
 
I'd expect (unless the assets in question were allegedly ill-gotten gains in and of themselves) that there would be a fundamental constitutional problem in a civil judge impacting the rights of a criminal defendant to retain whatever counsel they choose.  

 

[dcmissle]

Waiting on the Pouncey brothers tweets.  ANYONE, NFL players or not who question this verdict obviously wasn't paying attention.  An evil human being who deserves to isolated in a prison cell for the rest of his meaningless existence. NO redeeming value at all.  

As I hinted up thread, he is not alone. They are not worth posting, honestly. Good thing for these guys that they have football skills.

 

[NortheasternPJ]

Where will he serve his sentence?

 
I wonder if he'll get to go outside on a Sunday in September to hear the crowd?
 

 

[Rovin Romine]

 
I wonder if he'll get to go outside on a Sunday in September to hear the crowd?

 
And will it be harder for him during year 1 or year 25?   He's only 25 years old.   Even while incarcerated, he may live into his late 50s or mid 60s.  
 
He's also violent and apparently borderline psychotic.  So odds of a fatal confrontation or a significant beat-down are high.  
 

[SIZE=12pt]Based on the median age at sentencing (25 years) the life expectancy for a person in general prison population is 64 years of age. U.S. Sentencing Commission Preliminary Quarterly Data Report (through June 30, 2012) at A-8, [/SIZE][SIZE=12pt]available at [/SIZE][SIZE=12pt]http://www.ussc.gov/Data[/SIZE]



[SIZE=12pt]and Statistics/Federal_Sentencing_Statistics/Quarterly_Sentencing_Updates/USSC_2012_3[/SIZE][SIZE=8pt]rd [/SIZE][SIZE=12pt]_Quarter_Report.pdf. [/SIZE]

 
There is some indication this is lower for those serving natural life sentences - maybe 58 years or so, per a MI state report.  http://fairsentencingofyouth.org/wp-content/uploads/2010/02/Michigan-Life-Expectancy-Data-Youth-Serving-Life.pdf

 

[Jnai]

Prison choice, in range of the Foxboro crowds, is the most tragic possible ending for this guy.

This lifetime movie basically writes itself.

 

[The Talented Allen Ripley]

Cedar Junction was the only place he was ever going to end up if convicted.

 

[ypioca]

Prison choice, in range of the Foxboro crowds, is the most tragic possible ending for this guy.

This lifetime movie basically writes itself.

 
I just imagined a doomsday situation where the Pats complete implode within a few years (while AH, if not imprisoned, would still be an elite athlete), and the Foxboro crowd starts chanting, mostly sarcastically, "We Want Aaron". Maybe a small disgruntled contingent drives up to the prison and chants over the wall, after a particularly dismal game. 

 

[Dan Murfman]

On the FOX 25 feed the lawyer they had on said Cedar Junction is just a processing prison and he will most likely go to another prison just down the road.

 

[Kenny F'ing Powers]

I have friends that work at Walpole.
 
I'm gonna try to get an autograph.

 

[theapportioner]

I have friends that work at Walpole.
 
I'm gonna try to get an autograph.

 
Hernandez should be able to make decent $$ on murderabilia, I would think.

 

[Average Reds]

I have friends that work at Walpole.
 
I'm gonna try to get an autograph.

 
Couple of cartons of cigarettes and I'm guessing he'll sign anything for you.

 

[Rovin Romine]

Hernandez should be able to make decent $$ on murderabilia, I would think.

 
There are usually mechanisms to route any money earned while incarcerated to the victims.   

 

[Kenny F'ing Powers]

 
Couple of cartons of cigarettes and I'm guessing he'll sign anything for you.

 
Anything, you say?

 

[Marciano490]

Prison choice, in range of the Foxboro crowds, is the most tragic possible ending for this guy.

This lifetime movie basically writes itself.

 
Well, if they freed me from this prison
If that stadium was mine
I bet I'd move it on a little
Farther down the line
Far from Walpole Prison
That's where I want to stay
And I'd let that referee's whistle
Blow my blues away

 

[mauidano]

On the FOX 25 feed the lawyer they had on said Cedar Junction is just a processing prison and he will most likely go to another prison just down the road.

What are the other options? I would imagine being a high profile inmate he will be in some sort of isolation especially at first.  I'm sure he'll make a friend or two.  

 

[smastroyin]

On the FOX 25 feed the lawyer they had on said Cedar Junction is just a processing prison and he will most likely go to another prison just down the road.

 
I don't think that is right.  Maybe he is thinking of Pondville, which is right behind Cedar Junction.  Or maybe he is talking about the orientation process when you get moved from block to block.
 
Jared Remy, for instance, is still in Cedar Junction.

 

[Caspir]

On the FOX 25 feed the lawyer they had on said Cedar Junction is just a processing prison and he will most likely go to another prison just down the road.

 
My uncle has been there since the mid 80's. That's a lot of processing. They do handle new male-inmate intakes, but he's not being re-classed to Concord or somewhere with lower security given his status and crimes, so Walpole is his new hometown.
 
http://www.mass.gov/eopss/law-enforce-and-cj/prisons/doc-facilities/mci-cedar-junction.html
 
At least he'll bank .50 cents p/hour once he earns the right to work.

 

[Reggie's Racquet]

On the FOX 25 feed the lawyer they had on said Cedar Junction is just a processing prison and he will most likely go to another prison just down the road.

This is what I thought and why I asked the question.

 

[smastroyin]

I'm sorry, but I'm not sure why people think he will go elsewhere.
 
Cedar Junction is the only maximum security Massachusetts prison.
 
He is guilty of murder in the first degree.
He has been indicted for two other murders and is facing trial for those.
He has been accused (maybe more) of severely beating a fellow inmate.
 
These facts do not add up to being sent to medium security somewhere.  

 

[Mugsy's Jock]

 
I wonder if he'll get to go outside on a Sunday in September to hear the crowd?
 

Hmmm... actually looks like a pretty good place to park.  Wonder why I hadn't thought of that before...

 

[Ferm Sheller]

I heard on the radio that he's going to Souza-Baranowski C.C., which is in or near Shirley.


EDIT: apparently it's in Lancaster.

 

[Saints Rest]

 
Well, if they freed me from this prison
If that stadium was mine
I bet I'd move it on a little
Farther down the line
Far from Walpole Prison
That's where I want to stay
And I'd let that referee's whistle
Blow my blues away

Weird.  I had just heard this song on my Pandora feed without even knowing what it was, but the tune immediately leapt into my head when I read this.  And I still have no idea what the song is, who performed it, or who wrote it, but I know the tune.

And I'd like to the 379th person to say thank you to RR for making this thread immensely educational about the US justice system; I, like many others, learned a lot.

 

[SumnerH]

Weird.  I had just heard this song on my Pandora feed without even knowing what it was, but the tune immediately leapt into my head when I read this.  And I still have no idea what the song is, who performed it, or who wrote it, but I know the tune.

Seriously?

https://www.youtube.com/watch?v=bDktBZzQIiU

 

[Monbo Jumbo]

I'm sorry, but I'm not sure why people think he will go elsewhere.
 
Cedar Junction is the only maximum security Massachusetts prison.
 
...

 

I heard on the radio that he's going to Souza-Baranowski C.C., which is in or near Shirley.


EDIT: apparently it's in Lancaster.

 
 
Souza-Baranowski is also maximum security - and high tech - in fact it's "supermax." 

 

[Marciano490]

Weird.  I had just heard this song on my Pandora feed without even knowing what it was, but the tune immediately leapt into my head when I read this.  And I still have no idea what the song is, who performed it, or who wrote it, but I know the tune.

 
This is the worst thing I've ever read.  Please tell me you live in a foreign country or were raised by wolves and only emerged from the wild two weeks ago. 

 

[doc]

I'm sorry, but I'm not sure why people think he will go elsewhere.
 
Cedar Junction is the only maximum security Massachusetts prison.
 
He is guilty of murder in the first degree.
He has been indicted for two other murders and is facing trial for those.
He has been accused (maybe more) of severely beating a fellow inmate.
 
These facts do not add up to being sent to medium security somewhere.  

No there is a new one in Lancaster, MCI Souza-Baranowski that is bigger and more secure than Cedar Junction

 

[Kull]

ESPN legal analyst has a nice article on the prosecution's work in this case:
 
http://espn.go.com/espn/otl/story/_/id/12696042/aaron-hernandez-prosecutors-score-enormous-triumph-murder-conviction

 

[Bergs]

Weird.  I had just heard this song on my Pandora feed without even knowing what it was, but the tune immediately leapt into my head when I read this.  And I still have no idea what the song is, who performed it, or who wrote it, but I know the tune.

 
The fuck?

 

[PeaceSignMoose]

I heard on the radio that he's going to Souza-Baranowski C.C., which is in or near Shirley.


EDIT: apparently it's in Lancaster.

 
 
I could have sworn I heard MCI Cedar Junction during the sentencing.  
 
Edit:  Apparently MCI Cedar Junction is short term.  Sorry.

 

[geoduck no quahog]

I'm only sorry he's not Hindu so that he could eventually serve 3 life sentences without parole.
 
And thank you, RR.
 
If I had a chance to have another life, I'd want to come back as you.

 

[axx]

I still think they should have put Hernandez on the stand and have him try to sweet talk himself out of it.

 

[mauidano]

 
 
I could have sworn I heard MCI Cedar Junction during the sentencing.  
 
Edit:  Apparently MCI Cedar Junction is short term.  Sorry.

Hearing that he'll serve the gun charge at Walpole then move to S-B C.C.  Which makes no sense. You'd think the Murder 1 would take precedent. Regardless, that mother fucker is never gonna be free.

 

[Average Reds]

ESPN legal analyst has a nice article on the prosecution's work in this case:
 
http://espn.go.com/espn/otl/story/_/id/12696042/aaron-hernandez-prosecutors-score-enormous-triumph-murder-conviction

Lester Munson was one of those who stated early on that a conviction was unlikely, so his assertion that "many did not expect" a conviction is self-serving claptrap.

The prosecution did a nice job. They also had a strong case from the outset, which was apparent to anyone who actually spent time thinking about it.

 

[wibi]

Saw this on Reddit and figured some folks here might enjoy it
 

 

[Klostrophobic]

I doubt his trigger discipline is that good.

 

[Skeesix]

The thing that the Lester Munson report notes that I missed in my following the trial was the brand new pair of Jordans. Truly a criminal mastermind...

 

[chechusma]

I've been lurking and wanted to chime in with my thanks to RR and the rest of the commentators in this thread.

I am curious about the trial for the South Boston double homicide - what is the incentive to actually try this case (aside from closure for the victims' families, which has some degree of value), now that AH is going away for life?

From AH's POV - he will need to continue to spend $$ on his defense team that could go to his daughter, and if acquitted, will still spend the rest of his life in jail, right? Is there something "worse" in an everyday, existential sense, about having 3 life sentences as opposed to just one ? ie, less privileges, different cell/prison location? Or is it "nice" for him to get out of the boredom of daily prison life to dress up and go sit in a courtroom for a couple of weeks? Why not just admit to the murders at this point (assuming he is actually guilty of them)?

For the state, since AH is going away for life without possibility of parole, what is the incentive to try the case? It will be expensive, and while I guess they could "close the book" on the So. Boston double homicide if AH is found guilty (which has some degree of value) does that imply that if he were acquitted they would reopen investigation into the murder? Or is there some incentive (ie, financial, career advancement, etc) for the prosecutor to try the case as opposed to offering a plea deal? Does the "ease" of a case influence the decision to take it to trial or not, and if so, in what direction?

I am definitively not a lawyer, so maybe the above are silly questions.... It just seems like a lot of concrete downsides for both parties to go to trial, and fairly nebulous upside (and this to "secondary" actors, ie, not State or AH)

 

[moly99]

Why not just admit to the murders at this point (assuming he is actually guilty of them)?

 
Civil suits. Better to enter a nolo plea.
 

 

[gtmtnbiker]

I am curious about the trial for the South Boston double homicide - what is the incentive to actually try this case (aside from closure for the victims' families, which has some degree of value), now that AH is going away for life?

It is still worth having the trial while the evidence is still fresh because there is the possibility of his appeal being successful or the judgement being overturned or the mandatory life being reduced because it's unconstitutional down the road. That's my opinion but I'm no expert.

 

[Traut]

It's a murder. Murders get prosecuted. There's nothing to plea bargain. The Commonwealth won't offer lesser charges. AH has no incentive to plead to murder in the first. Victims want "justice". District attorneys want their day on TV.

 

[Montana Fan]

 
Also, for lurkers, usually most of the salient facts in a Victim Impact Statement that *would* affect sentencing have already been made in trial.  This holds true for offense-specific details (e.g., if the asshole-victim was an asshole because they were picking a fight with the defendant, etc.)  It's also true for general victim specific facts: if the victim was a little girl in a wheel chair, the judge knows that by the end of trial as well.  
 
Also, for lurkers, usually sentencing is deferred for the defense to present a case for sentencing and for the prosecution to organize their case for sentencing. Arguments are made to the judge for higher/lower sentences.  The judge can usually apply some discretion in sentencing but is often bound by minimums and always bound by maximums.  (For example, the laws of a state may specify for a certain crime the defendant *must* be sentenced between 3 and 10 years, or 0-10, within which the judge has discretion.)  Many (most?) states also employ a semi-sophisticated "points" based system that further defines the range a judge must (or sometimes strongly suggests) sentence a convicted defendant to.  
 
Here, Garsh had no discretion - M1 in MA is mandatory life imprisonment.  So there's no point in the defense arguing anything about AH's character.  

 
I'm very much pro death penalty but I must say that in reading this I am pleased that AH is getting life in prison instead as it means we'll hear much less of this AH over the next 40 years.
 

 
Couple of cartons of cigarettes and I'm guessing he'll sign anything for you.

 
If you can believe it, there is no smoking in Montana prisons.  Out here we trade licorice for autographs.
 
 
Lastly, thanks for this thread.  I watched and listened to about 10 minutes of Shayanna's testimony and that's it.  This thread was my main news source for the trial.  Rovin Romine = amazing, thanks for taking the time to post thorough thoughts on what was going on and educating me about the behind the scenes workings of a murder trial.  Also want to give a shout out to PaulinMyrBch who made some real good posts early on though he fell off as the trial dragged a bit.  Hopefully he'll up his game a bit for the next athlete trial.
 
As for those dogging Harry Hooper, he clarified that he was listening on the radio.  For those who can't differentiate the mediums, please refer to the Kennedy-Nixon debates.

 

[Koufax]

One of the jurors said in the post-trial interview that they agreed on first-degree murder because of the extreme cruelty.  Why? Because 6 shots were fired.  The juror said that there wasn't enough evidence of premeditation for the jury to agree to convict AH of first degree murder.  
 
If I were the defense attorney, I'd be all over this.  First, the jury is admitting that there is insufficient evidence of premeditation (not a smart thing to say).  Second, I'd argue that the statutory requirement of extreme cruelty was not met merely because of 6 shots being fired.  In all likelihood the victim was dead after the second or third shot; and the later shots were in all likelihood made to make sure that he was dead.  That's not extreme cruelty.  Torture is cruelty, not being shot with a gun. 
 
On that basis, I'd argue that the finding of first degree murder, which I presume is necessary to sentence to life without an opportunity for parole, should be overturned.  Here's a question for the criminal lawyers here:  If that is overturned, is there a lesser included charge that would remain in force?  Would he then have the opportunity for parole?  If so, when?  Or would he be left to serve only the 1 - 2 years for the weapons charge?
 
I think that the first degree murder charge is at serious risk of being overturned on appeal.  If that's the case, then the double murder charge from another incident may be really important.

 

[BroodsSexton]

One of the jurors said in the post-trial interview that they agreed on first-degree murder because of the extreme cruelty.  Why? Because 6 shots were fired.  The juror said that there wasn't enough evidence of premeditation for the jury to agree to convict AH of first degree murder.  
 
If I were the defense attorney, I'd be all over this.  First, the jury is admitting that there is insufficient evidence of premeditation (not a smart thing to say).  Second, I'd argue that the statutory requirement of extreme cruelty was not met merely because of 6 shots being fired.  In all likelihood the victim was dead after the second or third shot; and the later shots were in all likelihood made to make sure that he was dead.  That's not extreme cruelty.  Torture is cruelty, not being shot with a gun. 
 
On that basis, I'd argue that the finding of first degree murder, which I presume is necessary to sentence to life without an opportunity for parole, should be overturned.  Here's a question for the criminal lawyers here:  If that is overturned, is there a lesser included charge that would remain in force?  Would he then have the opportunity for parole?  If so, when?  Or would he be left to serve only the 1 - 2 years for the weapons charge?
 
I think that the first degree murder charge is at serious risk of being overturned on appeal.  If that's the case, then the double murder charge from another incident may be really important.

Read the thread--the grounds for appeal based on jury deliberations have been covered. Suffice to say you generally can't argue on appeal about the reasoning employed by the jury, even based on their subsequent public statements. The juror could come out and say he voted to convict because Aaron Hernandez had shifty eyes and ugly tattoos, and that wouldn't be grounds for overturning the jury's determination.