Aaron Hernandez charged with 1st degree murder; released by Patriots

[Rovin Romine]

Unless the feds charge him, which they likely won't, Hernandez is not facing the death penalty.  He's facing life without parole for killing Odam, he'll face other sentences of life without parole for any other murders committed in MA.
 
In one sense it's kind of meaningless - if the state's penal system means "life is life."   I practice largely in FL - and here life is "life."  (In fact, I just watched someone sentenced to 4 life counts this AM, while waiting for a case in court.)  However, even in these systems, multiple life counts can mean differences in how prisoners are jailed - what sort of interactions they're allowed, etc. 
 
In another sense, I'm sure the families of the two men will appreciate knowing who killed them, whether or not there's a prosecution for those murders. 
 
The victims (and their families) can also sue civilly, or be awarded damages ("restitution") in the criminal cases.  If AH has any money left in his estate, it may well go to compensate the families of his victims.    

 

[Caspir]

Unless the feds charge him, which they likely won't, Hernandez is not facing the death penalty.  He's facing life without parole for killing Odam, he'll face other sentences of life without parole for any other murders committed in MA.
 
In one sense it's kind of meaningless - if the state's penal system means "life is life."   I practice largely in FL - and here life is "life."  (In fact, I just watched someone sentenced to 4 life counts this AM, while waiting for a case in court.)  However, even in these systems, multiple life counts can mean differences in how prisoners are jailed - what sort of interactions they're allowed, etc. 
 
In another sense, I'm sure the families of the two men will appreciate knowing who killed them, whether or not there's a prosecution for those murders. 
 
The victims (and their families) can also sue civilly, or be awarded damages ("restitution") in the criminal cases.  If AH has any money left in his estate, it may well go to compensate the families of his victims.    

IIRC, in Massachusetts, straight life offers parole eligibility beginning after year 15 of the sentence, unless the judge specifies no parole. Like you said though, there's a classification distinction in terms of housing amd priveleges for lifers with a shot at parole than those without though, and like you said, it opens the door to civil suits against AH by the families of the victims.

 

[lexrageorge]

IIRC, in Massachusetts, straight life offers parole eligibility beginning after year 15 of the sentence, unless the judge specifies no parole. Like you said though, there's a classification distinction in terms of housing amd priveleges for lifers with a shot at parole than those without though, and like you said, it opens the door to civil suits against AH by the families of the victims.

I believe the parole only applies to 2nd degree murder.  In the case of 1st degree murder, there is no parole, but instead the (unlikely) possibility of commutation after 17 years.  

 

[jsinger121]

Officially indicted for Murder and other charges per breaking news on WCVB.

 

[RedOctober3829]

Wesley Lowery ‏@WesleyLowery 31s
Ernest Wallace has also been indicted by a grand jury on a accessory to 1st degree murder (after the fact) charge in the Odin Lloyd killing.

 

Wesley Lowery ‏@WesleyLowery 39s
Currently NO indictment issued for Carlos Ortiz, the third man being held in custody in relation to Odin Lloyd's murder. #hernandez
 

 

[jsinger121]

 

 

[MainerInExile]

Guess we know who flipped.

Pretty sure we already knew that.

 

[Carmine Hose]

If he flipped, he'd still get indicted, be tried and could be convicted.  The quid pro quo would be a sentencing reduction.

 

[Rovin Romine]

If he flipped, he'd still get indicted, be tried and could be convicted.  The quid pro quo would be a sentencing reduction.

 
If he flipped, his attorney would have most likely granted the state investigators access to his client under a "queen for a day" letter (as it is oddly called).  Basically, it's a limited immunity window for the defendant to disclose information to the state.  The state cannot use any of the information the defendant reveals during that window against that defendant at any point in time (unless the state comes by that same information independently.)  If the information (or potential testimony) is something the state thinks it can use, both sides usually then sit down and hammer out a plea agreement, which can involve: indictment on lesser charges, reduction of existing charges, sentencing agreements/recommendations, usually in exchange for further information or for the expected testimony of that defendant in another's trial.  Basically everything's on the table, depending on the information and it's ultimate importance to the prosecution.
 
I've negotiated a few of these.  They're always tricky.  In one case, I actually got an agreement not to charge my client at all.  (Limited involvement, plus good information the state could use at trial.)  Mostly though, significant involvement, plus limited information, plus the client's usual basic unsuitability as a witness, means that you're effectively talking about a reduction in sentencing to the bottom of the guidelines or below.  I've also had clients reject these kinds of deals since they simply weren't good enough to risk being labeled as a snitch and targeted. 
 
Sometimes there's an agreement not to settle the case until after the accused testifies for the state (in another's trial).  It allows them to then truthfully say on the stand that there is no deal currently in place, and that the prosecution has only suggested there may be a deal in the future, should the defendant (now a witness for the state in another's trial) simply tell the truth about what happened.  In my experience this tactic is of limited value, but prosecutors do it anyway.  Often a "potential" sweetheart deal for an informant's testimony looks worse than simply fessing up to the actual deal.  Plus it looks sneaky.  Whereas if a deal has been reached and the jail time is significant, the severity of the penalty lends credence to the witness's testimony - would you think the state had a strong case where a co-defendant accepted 15 years and agreed to testify rather than fight it out?  (Also, in many of these cases the testifying co-defendant/witness simply provides a narrative that strings all of the physical evidence together.  If it's a witness testifying without strong corroborating evidence in support of their testimony, it's a much shakier case, and probably won't result in a deal in the first place.) 

 

[Deathofthebambino]

Imagine agreeing to testify for the state in return for a reduced 15 year sentence, and the guy you testified against got acquitted, either on a technicality or the jury just didn't buy your testimony and the other evidence, and had you not taken the deal, you likely would have been acquitted as well.  Holy shit, that would be the ultimate shot in the rectum.

 

[PaulinMyrBch]

NM, that pertains to the other investigation.

 

[Rovin Romine]

Imagine agreeing to testify for the state in return for a reduced 15 year sentence, and the guy you testified against got acquitted, either on a technicality or the jury just didn't buy your testimony and the other evidence, and had you not taken the deal, you likely would have been acquitted as well.  Holy shit, that would be the ultimate shot in the rectum.

 
This happens sometimes.
 
What's worse: you reject the deal, the co-defendant goes down at trial anyway.  In exchange for a reduced sentence, the already convicted co-defendant turns on you.   You go down at trail and end up doing as much, or more time, as your co-defendant.  
 
What's even worse: you reject the deal, the co-defendant is acquitted due to a flaw in how the state presents the case against him.  The state fixes the flaw (say by getting an expert to cover one area of the case the first jury didn't like).  They then proceed against you (flaw fixed) looking to nail someone for something.  You go down at trial, and your former (now acquitted and immune) co-defendant does not even put $50 on your prison commissary so you can buy some smokes during your stint. 

 

[Rovin Romine]

Hernandez's cousin is held for contempt after refusing to testify to the grand jury.  Apparently, the cousin was offered immunity (means they won't prosecute) and still refused to testify. 
 
http://boston.com/metrodesk/2013/08/23/aaron-hernandez-cousin-arraigned-contempt-court-charge/c9A5IYOKkaAkPJPLzIbj8J/story.html

 

[axx]

Hernandez's cousin is held for contempt after refusing to testify to the grand jury.  Apparently, the cousin was offered immunity (means they won't prosecute) and still refused to testify. 
 
http://boston.com/metrodesk/2013/08/23/aaron-hernandez-cousin-arraigned-contempt-court-charge/c9A5IYOKkaAkPJPLzIbj8J/story.html

 
Note to Hernandez: Don't tell your extended family you shot Lloyd?

 

[moly99]

I've got a pretty good one that I'll type up when I have more time.  My favorite letters came from a guy by the name of Dudley, record a mile long, sent a letter a week leading up to his parole hearing, which he always spelled "prol hearing".

 
I do love a good proletarian hearing.
 

RT @BenVolin Now Aaron Hernandez's uncle has reportedly been killed in a motorcycle crash in Bristol, CT. http://bit.ly/14TxvCH 
This is nuts.... I dont know if I should be suspecious of these two deaths or chalk them up as random..

 
Bad stuff happens in streaks in part because when things start to go wrong in your life you tend to make more mistakes. It isn't a big stretch to think that Hernandez's uncle was upset and depressed because of Hernandez's legal problems, which led to him drinking and/or getting little sleep, which in turn led to him dying in an accident.

 

[Harry Hooper]

 
Peter Wilson ‏@PetesWire2m
BREAKING: Gun used in 2012 double murder in Boston found. Former #Patriot Aaron Hernandez has been linked to that murder. WBZ-TV 5pm. #wbz
 
https://twitter.com/PetesWire
 

 
 
 
You can't make this stuff up:
 

The gun used in a 2012 double homicide in Boston allegedly linked to former New England Patriot Aaron Hernandez was found in Springfield.
 
It's a story CBS 3 Springfield was first to break.
 
Jailene Diaz-Ramos, 19, was arrested back on June 21 after state police found a gun in her car.
 

 
 
CBS3

 

[soxhop411]

â@AdamSchefter: Minutes ago, NFLPA filed grievance against the Patriots to collect $82,000 in workout bonuses from Aaron Hernandez's terminated contract.â

Unless this money goes to the victims families (and even then this grievance is still stupid) this is a really idiotic move

https://twitter.com/...111388790890498

 

[soxfan121]

â@AdamSchefter: Minutes ago, NFLPA filed grievance against the Patriots to collect $82,000 in workout bonuses from Aaron Hernandez's terminated contract.â

Unless this money goes to the victims families (and even then this grievance is still stupid) this is a really idiotic move

https://twitter.com/...111388790890498

 
Poor taste? Yes. Stupid/idiotic? No. The NFLPA has no choice but to file this grievance. 

 

[axx]

What I'd want to know whether Hernandez fulfilled the requirements of the workout bonus before being arrested (I'm guessing the answer is yes)

 

[Stevie1der]

 
This happens sometimes.
 
What's worse: you reject the deal, the co-defendant goes down at trial anyway.  In exchange for a reduced sentence, the already convicted co-defendant turns on you.   You go down at trail and end up doing as much, or more time, as your co-defendant.  
 
What's even worse: you reject the deal, the co-defendant is acquitted due to a flaw in how the state presents the case against him.  The state fixes the flaw (say by getting an expert to cover one area of the case the first jury didn't like).  They then proceed against you (flaw fixed) looking to nail someone for something.  You go down at trial, and your former (now acquitted and immune) co-defendant does not even put $50 on your prison commissary so you can buy some smokes during your stint. 

Wow so many options, hard to know what to do in that situation. Quite the dilemma...

 

[Ed Hillel]

Imagine agreeing to testify for the state in return for a reduced 15 year sentence, and the guy you testified against got acquitted, either on a technicality or the jury just didn't buy your testimony and the other evidence, and had you not taken the deal, you likely would have been acquitted as well.  Holy shit, that would be the ultimate shot in the rectum.

 
I think getting the 15 years in that scenario probably extends your life by about...15 years. Snitching on a murderer has its downsides.

 

[soxhop411]

Michael Giardi ‏@MikeGiardi5m
A report in Rolling Stone magazine says Aaron Hernandez became a heavy angel dust user and cut himself from friends. #PatriotsTalk (1/2)
 
Michael Giardi ‏@MikeGiardi5m
(2/2) That same report says Hernandez missed practices and was one more misdeed away from being released #PatriotsTalk
Michael Giardi ‏@MikeGiardi
2m
Let me add one tweet to previous 2...paranoia caused by drug use led Hernandez to carry a gun wherever he went (report in Rolling Stone)
 
http://www.rollingstone.com/culture/news/five-revelations-from-rolling-stones-aaron-hernandez-story-20130827?utm_source=twitterfeed&utm_medium=twitter
 
 
Dont know how much truth there is to this but.....

 

[soxfan121]

I blame Lewis Winthorpe III.

 

[SeoulSoxFan]

Here are the bullet points in full:

• Hernandez was a heavy user of angel dust, and had become so paranoid over the last year that he carried a gun wherever he went.
• He surrounded himself with a cohort of gangsters, and cut himself off from his family and teammates. 
• Hernandez had so infuriated his head coach, Bill Belichick, with missed practices and thug-life stunts, that he was one misstep from being cut.
• Both his parents, Dennis and Terri, had criminal records, as did much of his extended family.
• Terri allegedly cheated on Dennis before his death with a violent drug dealer named Jeffrey Cummings, then married Cummings after Dennis died and moved him into the house she shared with Aaron.
• In college his coach (then-University of Florida head coach Urban Meyer) may have helped cover up failed drug tests, along with two violent incidents — an assault and a drive-by shootout outside a local bar.

http://www.rollingstone.com/culture/news/five-revelations-from-rolling-stones-aaron-hernandez-story-20130827#ixzz2dDTUxyr1%C2

 

[caesarbear]

Sounds like Rolling Stone is trolling Bostonians again. These "revelations" are just manufactured by taking known reports and sweetening them with pure speculation. They'll have an unreliable witness for the first point. The second point is simply hindsight. The third is made up since they know it will be impossible to get a verification from the Patriots. The fourth is public knowledge. The fifth is public information sprinkled with titillating details that again can't be verified. The last one though is the boldest "revelation" as Urban Meyer can and presumably has an interest in defending himself. Maybe that's where Rolling Stone actually has some information, but otherwise, this is Fox News worthy crap. Fuck Rolling Stone.

 

[Stu Nahan]

Hernandez had so infuriated his head coach, Bill Belichick, with missed practices and thug-life stunts, that he was one misstep from being cut.

He picked one hell of a misstep to get himself cut.

 

[steveluck7]

If he was a heavy angel dust user over the past year and had missed practices, it seems odd that he actually earned his workout bonus that the NFLPA is trying to recoup on his behalf.
 
I'm with others, F Rolling Stone

 

[mt8thsw9th]

Sounds like Rolling Stone is trolling Bostonians again. These "revelations" are just manufactured by taking known reports and sweetening them with pure speculation.

I think you're manufacturing personal outrage because you don't like Rolling Stone. You should be more Boston strong than this.

 

[mt8thsw9th]

If he was a heavy angel dust user over the past year and had missed practices, it seems odd that he actually earned his workout bonus that the NFLPA is trying to recoup on his behalf.
 
I'm with others, F Rolling Stone

This isn't new news that AH had in his entourage users of PCP.

http://sports.yahoo.com/blogs/nfl-shutdown-corner/carlos-ortiz-prosecution-might-lean-extensive-history-drugs-163044168.html

I have no clue what else would cause AH's violent streak. Potheads a bit too laid back.

 

[PaulinMyrBch]

Well they actually nailed the Patriots bullet point.  He made one more misstep and he was cut.  No need to get verification on that one.

 

[veritas]

This isn't new news that AH had in his entourage users of PCP.

http://sports.yahoo.com/blogs/nfl-shutdown-corner/carlos-ortiz-prosecution-might-lean-extensive-history-drugs-163044168.html

I have no clue what else would cause AH's violent streak. Potheads a bit too laid back.

Synthetic testosterone

 

[theapportioner]

Were there any previous reports of AH missing practices (and not for legitimate reasons such as injury, etc.)? I never got the impression that he had been on such thin ice with the Patriots. Does make you wonder how much of the behind-the-scenes stuff management knew about prior to the Odin Lloyd murder.

 

[Cesar Crespo]

So did he start angel dust before or because of the double homicide? That would make one paranoid I'd imagine.

 

[Mr. Wednesday]

This isn't new news that AH had in his entourage users of PCP.

http://sports.yahoo.com/blogs/nfl-shutdown-corner/carlos-ortiz-prosecution-might-lean-extensive-history-drugs-163044168.html

I have no clue what else would cause AH's violent streak. Potheads a bit too laid back.

 
Interestingly, per Wikipedia, one method of delivery for PCP is dipping joints in it and smoking them.
 

So did he start angel dust before or because of the double homicide? That would make one paranoid I'd imagine.

 
Paranoia is one of the reported side effects.
 
http://en.wikipedia.org/wiki/Phencyclidine

 

[Billy Jo Robidoux]

To me the biggest revelation from the Rolling Stone article is that people still use angel dust.  I thought that went out of style in the 80's.

 

[crystalline]

If he was on such thin ice with Belichick, he'd have been cut once he was linked to the murder, not over a week later on the day he was arrested and charged.

 

[FelixMantilla]

Aren't there reports each day about who missed practice?

 

[Buffalo Head]

Except that BB was out of the country when the murder occurred. I don't think you make a snap judgement to cut a guy like that while hiking in the Swiss Alps.

 

[Buffalo Head]

I wonder if he was missing practices during his injury -- not getting treatment or whatever -- so his absence wouldn't have had any significance to the media, but would have frosted BB something fierce.

 

[soxfan121]

Aren't there reports each day about who missed practice?

 
There are and a quick google search shows he missed practices around November 7th for the birth of the baby and the lingering ankle injury that kept him from playing in London vs. the Rams. 
 
Other, non-baby related missed practices came after the ankle injury in October. Can't find other reports of missed practices but I didn't dig very hard. 

 

[Buffalo Head]

If you have access to the Dan Patrick show, the Rolling Stone writer is coming on in a few minutes

 

[lexrageorge]

The official practice participation reports are focused mainly around who missed the portion of practice that is open to the media.  I can't recall hearing about Hernandez ever missing an actual practice other than for an injury related reason.
 
Of course, there are other team activities besides the practices:  team meetings, getting treatment, film reviews with the assistants, etc.   Participation in those activities is not reported to the media, but everything we've heard is that BB puts a priority on player participation in these, even when injured.  It's possible that AH missed a few of these, or was chronically late.  It's just as likely that Rolling Stone is reporting 3rd party hearsay as fact.

 

[theapportioner]

Him missing other activities is plausible, though if that were the case, wouldn't Belichick have punished Hernandez for initial offenses by having him sit out a series, decrease playing time etc. like what Belichick did with Welker? I don't remember any reports of this happening, either. This part of the story doesn't sound right.

 

[CaptainLaddie]

I was fine with the article, even if it was written by Borges, UNTIL it was obvious that Borges wrote part of it (the unnecessary shit-piling on Belichick).

 

[chechusma]

To me the biggest revelation from the Rolling Stone article is that people still use angel dust.  I thought that went out of style in the 80's.

I work in one of the ERs here in the city, and see a lot of different Intoxications... i.e., bath salts, a lot of Molly recently, other designer drugs, plus the usual suspects.

PCP one of the relatively few substances we can actually screen for, but I can't remember seeing one case of PCP intoxication since I moved to the city in 2005 (clinically or via tox screen).

The fact that he is supposedly using PCP is what makes me most incredulous about the article.

 

[Buffalo Head]

From what the writer said on DP Show, PCP is still prevalent in Bristol

 

[Freddy Linn]

 
That's PCP! Phencyclidine. Angel dust! You ever seen what this stuff does to kids?

 

[jsinger121]

The entire article.
 
http://www.rollingstone.com/feature/the-gangster-in-the-huddle

 

[( . ) ( . ) and (_!_)]

From what the writer said on DP Show, PCP is still prevalent in Bristol

 
I for one am glad that someone is keeping track of the predominant drug usage in Bristol, CT

 

[kenneycb]

From what the writer said on DP Show, PCP is still prevalent in Bristol

And here I thought Berman was just acting "funny".