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Patriots now might owe Aaron Hernandez's estate millions
Posted on 4/21/17 at 3:24 am
Posted on 4/21/17 at 3:24 am
quote:
Now that Aaron Hernandez may have his conviction posthumously vacated — under an obscure Massachusetts legal doctrine — the Patriots could owe him money, a lawyer said Thursday.
The Pats may actually be contractually obligated to pay Hernandez’s estate a $3.5 million bonus that was stopped hours after his murder arrest in 2013, attorney William Kennedy told the CBS affiliate in Boston.
Kennedy represents the families of Safiro Furtado and Daniel de Abreu. Hernandez was acquitted in their shooting murders last week — only to commit suicide Wednesday in the Massachusetts prison cell where he was serving life without parole for another murder.
The Patriots may also owe Hernandez an additional $2.5 million in guaranteed base salary that was also halted after his 2013 arrest, lawyer Michael Coyne told CSNNE.com.
The Furtado-de Abreu wrongful death suit is one of three victim lawsuits still pending against the Hernandez estate; lawyers in the cases say they will continue seeking compensation despite the disgraced player’s suicide.
Sweetening that pot, legal experts believe Hernandez’s murder conviction — for the 2013 shooting death of his pal, semi-pro football player Odin Lloyd — will likely now be vacated under an archaic legal doctrine, memorialized in Massachusetts case law, called “abatement ab initio.”
LINK
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Posted on 4/21/17 at 3:37 am to Street Hawk
when law goes stupid
Posted on 4/21/17 at 5:47 am to Street Hawk
How I picture Aaron's last visit
This post was edited on 4/21/17 at 5:48 am
Posted on 4/21/17 at 7:06 am to Street Hawk
For those who don't speak latin/legalese:
quote:
Abatement ab initio means “from the beginning,” Healy said, and it means that upon a person’s death, if they have not exhausted their legal appeals, their case reverts to its status at the beginning — it’s as if the trial and conviction never happened.
Posted on 4/21/17 at 7:15 am to slackster
Hopefully (but doubtful) they can prove that Hernandez's suicide was orchestrated by his attorney and the attorney can face criminal charges.
Posted on 4/21/17 at 7:27 am to 632627
Why would his attorney care? That money is likely going to the families suing for a wrongful death claim.
Posted on 4/21/17 at 7:30 am to Street Hawk
The only thing I can hope for is they let them put it in a trust for his kids, or whomever he convicted/alleged (I don't get the legal part) murdered's kids. From what I understand all the people involved in these murders were shite heads, maybe a trust will help the kids break the cycle.
This post was edited on 4/21/17 at 7:31 am
Posted on 4/21/17 at 7:36 am to Street Hawk
There has to be some other clause in that contract that should be able to get them out. I'm sure a conviction is not their only out.
Posted on 4/21/17 at 7:37 am to Street Hawk
4D Chess
Posted on 4/21/17 at 7:41 am to Street Hawk
Well, at least he didn't leave his family hanging.
Posted on 4/21/17 at 7:46 am to slackster
quote:
Abatement ab initio means “from the beginning,” Healy said, and it means that upon a person’s death, if they have not exhausted their legal appeals, their case reverts to its status at the beginning — it’s as if the trial and conviction never happened.
Wait, what?
Everyone who dies in jail (assuming this is only in Massachusetts?) who hasn't had their case reach the supreme court (aka exhausted their legal appeals?) is now considered not guilty?
Am I interpreting that correctly? Holy wow if so.
Posted on 4/21/17 at 7:51 am to slackster
quote:
Why would his attorney care? That money is likely going to the families suing for a wrongful death claim.
Could have convinced Aaron that some money would be going to his daughter.
The timing of the suicide is extremely odd.
Posted on 4/21/17 at 7:53 am to FootballNostradamus
quote:
Am I interpreting that correctly? Holy wow if so.
I believe his initial conviction is currently under appeal.
Someone that's in jail/prison and that isn't currently appealing a court decision probably (I would hope) wouldn't qualify.
Posted on 4/21/17 at 7:56 am to FootballNostradamus
quote:
Am I interpreting that correctly?
No.
Posted on 4/21/17 at 8:34 am to Dire Wolf
quote:
Dire Wolf
quote:
LSUBoo
Posted on 4/21/17 at 9:25 am to FootballNostradamus
quote:
Everyone who dies in jail (assuming this is only in Massachusetts?) who hasn't had their case reach the supreme court (aka exhausted their legal appeals?) is now considered not guilty? Am I interpreting that correctly? Holy wow if so.
True.
There was a more famous defendant that ended up in the same boat out of the Federal system--Kenneth Lay, the former Chairman and CEO of Enron. He was convicted on 10 counts of securities fraud, but before sentencing he died of a heart attack. His convictions were subsequently vacated on the same basis.
Posted on 4/21/17 at 9:43 am to Street Hawk
I don't like the patriots, but they shouldnt have to pay squat to this dudes family.
Thats some bs right there.
Chicken shite dirt bag Hernandez was.
Thats some bs right there.
Chicken shite dirt bag Hernandez was.
Posted on 4/21/17 at 10:53 am to kengel2
odin lloyd family will civil sue hernandez estate and get every dime
Posted on 4/21/17 at 11:40 am to kengel2
As much as I hate this law for the victims families... I think it's a necessary law that ALL states should implement.
A justice system that convicts even ONE innocent man is a bad one. We can't do that. We have to make sure, beyond reasonable doubt and appeals, that the convicted committed the crime.
I love how the patriots keep giving too. Serves those tPOS well. Pay him what he is owed.
Secondly, from my understanding of this case, I don't even see how he wasn't convicted for the first murder. No doubt he was there at the scene of all these shootings, but prosecutors can't even definitely point to whether he shot the gun or not. Murder weapons have never been found or have prints on them. That's way too much doubt for me to ever convict someone of murder (no doubt in my mind he was at least and accomplice tho)
A justice system that convicts even ONE innocent man is a bad one. We can't do that. We have to make sure, beyond reasonable doubt and appeals, that the convicted committed the crime.
I love how the patriots keep giving too. Serves those tPOS well. Pay him what he is owed.
Secondly, from my understanding of this case, I don't even see how he wasn't convicted for the first murder. No doubt he was there at the scene of all these shootings, but prosecutors can't even definitely point to whether he shot the gun or not. Murder weapons have never been found or have prints on them. That's way too much doubt for me to ever convict someone of murder (no doubt in my mind he was at least and accomplice tho)
Posted on 4/21/17 at 11:54 am to StrongSafety
quote:
A justice system that convicts even ONE innocent man is a bad one. We can't do that. We have to make sure, beyond reasonable doubt and appeals, that the convicted committed the crime.
Every single justice system ever created is a bad system then. There will always be judgement calls, and even if you required the event be filmed, notarized confession, and the perp's parents to say he's an a-hole, there is still .000001 percent chance the wrong person is convicted.
Oh, I read your post before I read your handle. Just your usual form of low value trolling, it's a shame you had to infect this board with the same terrible attention seeking schtick as the OT and Poliboard.
This post was edited on 4/21/17 at 11:56 am
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