Hernandez defense seeks dismissal of documents

Aaron Hernandez

Hernandez defense seeks dismissal of documents

On Tuesday, a MA judge vacated Hernandez's murder conviction after the former National Football League star's suicide.

"The longstanding rule is...abating the entire prosecution as if it never happened", Garsh said.

Aaron Hernandez's conviction for a 2013 murder will be vacated because Hernandez committed suicide and is no longer around to serve his sentence. Five days before his death, he was acquitted on double murder charges in a separate Boston killing in 2012.

Bristol County District Attorney Thomas Quinn III vowed to appeal minutes after Tuesday's ruling, which came in front of Lloyd's mother, Ursula Ward, who sat in the courtroom.

"Being angry is not a part of me". When [God] says the battle is over, the battle is over. "And I am obeying him". According to Wetzel, the state prosecutor is arguing the fact that Hernandez likely killed himself to get his original conviction thrown out to the financial benefit of his girlfriend and daughter. "And that's the victory that I have (that) I'm going to take with me". They said his conviction wasn't considered final because the automatic appeal he was entitled to had not been heard.

But Garsh rejected the argument that Hernandez had forfeited his right to appeal by taking his own life, saying no one can ever know for sure why Hernandez killed himself.

In a motion filed before Tuesday's hearing, Thompson said documents including the state's death certificate and excerpts from a suicide note Hernandez wrote to his fiancee should be disregarded because they are irrelevant to the proceedings.

Now the families of Lloyd, Daniel de Abreau and Safiro Furtado have all filed wrongful death lawsuits against Hernandez.

Sheff said the legal doctrine of abatement ab initio will have no effect on the Lloyd family's civil case, which follows different standards of law. She described it as a "tragic act that had complex and myriad motives". In essence, prosecutors are suggesting Hernandez is winning the legal battle by being set free in the eyes of the court and spitting in the eyes of justice in the process. The vehicle was sold for about $20,000 and the money is being held by the court while the civil case is pending, Sheff said.

In Massachusetts, abatement has generally been recognized even in high-profile cases of suicide.

Prosecutors have said that dismissing his murder conviction would reward Hernandez's decision to take his own life.

And the death of John J. Geoghan, a priest at the center of the Catholic Church's sexual abuse scandal, also led to the abatement of his conviction.

Speaking at a press conference after Quinn, Ward said she found strength in her faith in God.

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