Game within the Game: The real reason behind the Hernandez motion to dismiss

Monday, June 16, 2014

Good afternoon:

I watched the NBC livestream coverage of a pretrial motions hearing in the Odin Lloyd murder case. Aaron Hernandez, the former tight end for the New England Patriots is charged with the murder.

Lloyd and Hernandez were friends and Loyd was dating Hernandez’s fiancee’s sister. Hernandez and Lloyd were seen leaving a nightclub together late at night in downtown Boston in July June 2013 after spending several hours there. Accompanied by two of Hernandez’s friends, they left in Hernandez’s car with Hernandez driving.

Lloyd’s body was discovered early the following morning in an industrial park about a half mile from Hernandez’s home in North Attleborough, Massachusetts. He had been shot to death multiple times with a .45 caliber handgun.

While conceding that the evidence presented to the grand jury established probable cause to believe that Hernandez was present at the scene of the murder, the defense argued that the court should dismiss the indictment because the prosecution had persuaded the grand jury to conclude there was probable cause to believe he had committed the murder, as opposed to being an innocent bystander, by introducing evidence of other uncharged misconduct allegedly committed by Hernandez that would not have been admissible at a trial.

Reuters described the defense argument:

“This was, we submit, a deliberate campaign not to enlighten the grand jury about evidence which would help them decide who had in fact committed this crime, but to tarnish Mr. Hernandez, his character, his background in such a way that they would overlook the absence of direct evidence of culpability,” defense attorney James Sultan told a pre-trial hearing in Fall River District Court.

Game within the Game

The defense did not file this motion with any expectation of persuading the judge to dismiss the indictment. They filed it to discover how the prosecution intends to prove Hernandez engineered and committed the murder despite the failure of the police to recover the murder weapon and Hernandez’s apparent lack of a motive to kill Lloyd. Measured by that yardstick, the motion was a resounding success because the prosecutor spent about an hour detailing a web of circumstantial evidence against Hernandez, including an attempt by Hernandez to kill another former friend in Florida under nearly identical circumstances because the friend disrespected him by not picking up the bill at the nightclub where they were partying together. Hernandez drove him to an industrial park, shot him between the eyes and left him for dead. Unfortunately for Hernandez, the friend survived, although Hernandez was never charged. reports:

After taking under advisement defense motions on dismissing that murder charge and suppressing video evidence obtained by the prosecution, Judge Susan Garsh ruled that both sides should expect to start a trial on October 6, according to tweets from WPRI reporter Chantee Lans and Managing Editor of Massachusetts Lawyer Weekly David Frank, who were both covering today’s hearing.

This should be fascinating case to cover with good lawyers on both sides.

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17 Responses to Game within the Game: The real reason behind the Hernandez motion to dismiss

  1. crazy1946 says:

    Guns stop crime… repeat after me, guns stop crime, guns stop crime… guns stop crime… keep repeating this until you actually believe it, and then send money to your new church, you know the one, it’s called the 1st NRA Church of the Metallic Projectile… The first five hundred callers will receive the new booklet that has just been published “how to identify and use the correct amount of gun control when dealing with the black menace”… Hurry supplies are limited, call today and you will receive a copy signed by G. Zimmerman the great American hero..

  2. Malisha says:

    Wait a minute — did I read that right? — another guy says he shot him between the eyes and left him for dead (a prior bad act, obviously) but he was NOT. CHARGED. ??? HUH?

    • crazy1946 says:

      Malisha, You must not have noticed that it occurred in Florida, and Hernandez must have been standing his ground . Florida the home of the new “old west” mentality towards guns..

      • Check out this report about the U of FL Gators in 2009. Hernandez was on that team.

        • towerflower says:

          Something about UF and their players… also have Jameis Winton who was accused of rape and the police botched in investigation….no charges. The police never took his DNA even though the girl’s medical exam showed signs of rape and semen. And even though he was ID’d by the victim, he was able to continue to play since he was never formally charged. He has also shoplifted twice, once from a Burger King where he was told to stop stealing soda (no purchase) and again recently when he shoplifted his dinner which consisted of crab legs, crawfish and butter.

          But don’t worry, he is still on that pedestal and won the Heisman trophy. Just another prized athlete given a pass.

          • Winston is at FSU in Gainesville. Hernandez was at UF in Tallahasee. Football is King in both places. Don’t know about UM in Miami and UCF in Orlando. Probably the same. Plus the pro teams in Miami and Jacksonville.

            And then there’s the HS scene.

          • towerflower says:

            Oops, I stand corrected about the schools…..but the point I guess I was trying to make was these big football schools put too much hero status into their ball players and routinely turn a blind eye to their misdeeds as long as they perform on the field.

          • I agree with you 100%.

      • Hernandez also is charged with shooting and killing two men with whom he had a dispute in a nightclub in Boston back in July 2012, a crime that is very similar to an unsolved shooting in 2007 in Gainesville, FL

        Hernandez, who was 17 at the time and a freshman on the U of FL football team, was a suspect in that shooting.

    • bettykath says:

      Corey was the prosecutor who declined (sarcasm) I don’t reallly know

    • The man’s name is Alexander Bradley.

      An associate of Hernandez, Alexander Bradley, has filed a lawsuit alleging that Hernandez shot him in the face in Florida after they argued at a strip club.

      • Boston CBS reports that Alexander Bradley was arrested in Hartford, Connecticut in early February, 2014

        A man who claims he was shot by former New England Patriots tight end Aaron Hernandez has been shot again in Connecticut. Hartford police said Alexander Bradley was shot three times in the thigh Sunday night during an argument at the Vevo Lounge Bar & Grill.

        “Evidence revealed there was a disturbance in the club that was pushed outside by staff,” police Lt. Brian Foley said. “At this point, Bradley was shot. Bradley went to a vehicle, got a gun, then shot up the front of the club.”

        No injuries were reported.

        Bradley is charged with criminal possession of a firearm, criminal use of a firearm, reckless endangerment, unlawful discharge of a firearm, stealing a firearm and having a firearm with an obliterated serial number.

        Police believe Bradley was with Hernandez when he allegedly shot and killed the two men in Boston in July 2012.

        Hernandez was indicted for that double murder in May, 2014.

        I’m guessing Bradley may have snitched on Hernandez to lighten his load in the Connecticut case. Timing for the May indictment works out right.

      • Malisha says:

        But if it was really a SYG, then there couldn’t be civil liability either. WAS it alleged to have been a SYG?

        • I don’t know why Hernandez wasn’t charged with shooting Bradley. We don’t know if police questioned Hernandez or if he refused to answer their questions

          We know Hernandez was smart enough to keep his mouth shut because that is what he did when the police attempted to question him about the 2007 and 2013 shootings. He probably would have done the same thing, if police had attempted to question him about the Bradley shooting.

          In any event, the SYG issue was never litigated in the context of a criminal case.

          I don’t know when Bradley filed his civil suit, but I imaqgine it was sometime after Hernandez was arrested in 2013 for killing Odin Lloyd.. I doubt Hernandez responded to the complaint since he has been in jail since that arrest.

  3. bettykath says:

    I realized during fogen’s trial that motions are always made with an expectation to prevail. It’s all about information. In this case, in order to get information about the prosecution’s case. In fogen’s case, it was to defame the victim and otherwise poison the jury pool.

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