Aaron Hernandez; Massachusetts; Bulletin: Boston Globe: "In wake of suicide, Aaron Hernandez conviction could be voided," by reporters John R. Ellement and Evan Allen. April 19, 2017...""In the eyes of the state of Massachusetts, the death of former New England Patriots star Aaron Hernandez could make him an innocent man, thanks to an archaic legal principle called “abatement ab initio,” said Martin W. Healy, chief legal counsel to the Massachusetts Bar Association. Though Hernandez was convicted in 2015 of murdering Odin L. Lloyd of Boston, Hernandez’s appeal was not complete. 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."

 

"In the eyes of the state of Massachusetts, the death of former New England Patriots star Aaron Hernandez could make him an innocent man, thanks to an archaic legal principle called “abatement ab initio,” said Martin W. Healy, chief legal counsel to the Massachusetts Bar Association. Though Hernandez was convicted in 2015 of murdering Odin L. Lloyd of Boston, Hernandez’s appeal was not complete. 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. “Unfortunately, in the Odin Lloyd matter, for the family, there won’t be any real closure,” said Healy. “Aaron Hernandez will go to his death an innocent man.” Hernandez’s appellate attorney, John M. Thompson, said in a telephone interview Wednesday that he will file the appropriate paperwork once a death certificate is available. Thompson, who would not discuss his interactions with Hernandez, called his death “totally unexpected.’’ Thompson, citing lawyer-client privilege, declined to say when he last met with Hernandez. But he said that until Wednesday, his office had been preparing the appeal in the Lloyd homicide. “We were dedicated to getting his appeal going and that is not now going to occur,’’ Thompson said. “The trial is not the final step. Everyone is entitled to an appeal, and in particular entitled to an appeal in a first-degree murder case.”........."The abatement ab intio principle that now comes into play in the Hernandez case stems from English common law, Healy said, and is observed by several of the older states in the nation. It rarely comes up in practice, he said, and people forget it exists. It came up in the case of John C. Salvi 3d, who was convicted of killing two women in a shooting spree at two reproductive clinics in Brookline in 1994 but died by suicide in his prison cell nine months into his sentence, before his appeals were completed. In that case, Healy said, abatement ab initio complicated the civil proceedings that followed. The Salvi abatement also sparked an effort in 1997 by the Legislature to block the courts from clearing the records of inmates who die before their appeals are heard. The legislation passed in the Senate but not the House. The principle also came into play in the case of John Geoghan, a priest convicted of sex abuse who was murdered by a fellow inmate while imprisoned at the Souza-Baranowski Correctional Center, the same prison where Hernandez apparently killed himself Wednesday. The principle means that going forward, no evidence established during Hernandez’s criminal trial can be presented in civil court, Healy said. In other states that have abandoned abatement ab initio, Healy said, the move came after high-profile killers had their histories wiped clean. Healy said he would not be surprised if a lawmaker again introduced legislation in Massachusetts to change the law. But Medwed, the Northeastern professor, said that the principle rests on the state’s belief that the appeal process is not secondary, but an essential component of a conviction. Imagine a case in which the defendant’s guilt is less compelling than Hernandez’s, said Medwed, who is a former appellate and post-conviction litigator on the defense side. Perhaps a case where there are indications of government misconduct, and a defendant died by other means. “We have to create law that applies to all cases, even ones that aren’t especially sympathetic,” he said. To many Hernandez observers, the law will not change their views. “In the court of public opinion, Hernandez, Salvi, and Geoghan will be judged accordingly,” said Healy. “But in a court of law, under legal principles, [Hernandez] died an innocent man.”"

http://www.bostonglobe.com/metro/2017/04/19/hernandezdismiss/BvCcJQ1Ubg3mJAze0ttpvJ/story.html

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;