The Latest: Judge Agrees To Toss Hernandez Murder Conviction
FALL RIVER, Mass. (AP) — The Latest on defense attorneys efforts to erase Aaron Hernandez's murder conviction following his death (all times local):
11:30 a.m.
A Massachusetts judge has agreed to erase Aaron Hernandez's conviction in a 2013 murder because he died before his appeal could be heard.
Judge Susan Garsh ruled Tuesday that a legal doctrine that calls for vacating convictions when a defendant dies before an appeal can be heard was binding precedent.
She said she was compelled to follow it.
The former New England Patriots tight end hanged himself in his prison cell last month while serving a life sentence in the killing of semi-professional football player Odin Lloyd.
Prosecutors argued that dismissing his murder conviction would reward Hernandez's decision to take his own life.
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10:45 a.m.
A prosecutor has urged a judge to reject a request from lawyers for ex-NFL star Aaron Hernandez to erase his conviction in a 2013 murder under a legal doctrine that calls for vacating convictions when a defendant dies before an appeal can be heard.
The former New England Patriots tight end hanged himself in his prison cell last month while serving a life sentence in the killing of semi-professional football player Odin Lloyd.
Patrick Bomberg said Hernandez "should not be able to accomplish in death what he could not accomplish in life."
Hernandez's appellate attorney told the judge that the state's highest court has applied the legal doctrine "without exception," even in cases of suicide.
After hearing arguments from both sides, Judge Susan Garsh said she expects to issue a decision late Tuesday morning.
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10:30 a.m.
A lawyer for ex-NFL star Aaron Hernandez has asked a judge to erase his conviction in a 2013 murder.
The former New England Patriots tight end hanged himself in his prison cell last month while serving a life sentence in the killing of semi-professional football player Odin Lloyd.
Hernandez's appellate lawyer told a judge during a court hearing Tuesday that a long-established legal doctrine in Massachusetts requires the court to vacate his conviction because Hernandez died before his appeal of his murder conviction could be heard.
Attorney John Thompson said the conviction is not considered final until it is decided by a higher court.
Prosecutors have said that dismissing his murder conviction would reward Hernandez's decision to take his own life.
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9 a.m.
Lawyers for Aaron Hernandez have asked the judge to disregard documents included with the state's opposition to the dismissal of his murder conviction.
The defense said in a filing before Tuesday's hearing that the documents which include the state's death certificate and excerpts from a suicide note the former New England Patriots tight end wrote to his fiancee are irrelevant to the proceedings.
The defense asked that its motion be heard at the same time the judge considers whether to erase Hernandez's conviction.
Hernandez was found hanged in his cell April 19. He was serving a life sentence in the 2013 killing of Odin Lloyd.
Hernandez's attorneys have made their request under a long-standing legal principle holding that when defendants die before their direct appeal is decided, their convictions are vacated.
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12:20 a.m.
A judge is set to hear arguments in a push by lawyers for former NFL star Aaron Hernandez to erase his conviction in a 2013 murder.
The former New England Patriots tight end hanged himself in his prison cell April 19 while serving a life sentence in the killing of semi-professional football player Odin Lloyd. His suicide came just five days after he was acquitted in a double slaying in 2012.
Hernandez's appellate attorneys have made their request under a long-standing legal principle holding that when defendants die before their direct appeal is decided, their convictions are vacated.
Prosecutors have argued that dismissing his murder conviction would reward his decision to take his own life.
The judge who presided at Hernandez's trial in Lloyd's killing has scheduled a hearing Tuesday.
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