Jun 19, 2013|
Legal expert Michael McCann joined D&C to take on the topic of the day: Just what exactly is happening with Aaron Hernandez? McCann addressed Hernandez' lack of cooperation in the investigation so far, and how that may play out as the case moves along.
Transcript - will not be 100% accurate
Welcome back my breath to be travelers championship at TPC river highlands in Cromwell Connecticut Dennis Kelly broadcasting live Berkman and along side as well. It's -- virtual cornucopia. If you will of sports related subjects that we are dealing with that April it was game four at the garden tonight. Obviously big story -- and Danny getting together to try to work out their differences that date yet BA provided an instant classic game number six -- the -- Choked away choked away a championship. Red Sox general took -- from the -- yesterday. Aaron Hernandez's the most curious story of them all help sort this sort this out. Is -- every time we talked to them when we're done we stream or think -- little smarter our. Our friend Mike McDaniel and -- law professor and Sports Illustrated dot com legal expert good morning Michael -- aria. -- -- -- very -- could -- over here what we're talking about and and what I want to get into eventually is the lack of cooperation -- that hurt -- -- has no effect on -- investigation and Aaron Hernandez going for. Yes so we don't know if no cooperation are being uncooperative means that he's refusing questions are all questions are some of the questions that could be. That his lawyer has told him look why don't you just. Not respond to questions until we know more about what happened in this incident until you know more from everyone connected in your group. I think part of it could be his lawyers it emanating more from his lawyers and from Hernandez being. Sort of uncooperative and the police has said that it's unclear. Really what that means but I think it is clear that there is some connection at least based on what the police. Have reported between Hernandez in this in this homicide. But it could be a connection at the very week he could be. He knows someone who's connected to it and he's innocent and all of that it could be something more direct I think. I think the hope is that it's something very indirect and that his role is someone who. It is not going to be charged with any crimes. But I but I think it's very early in the process. What what what is obstruction -- What is obstruction of justice in this case or in any case Mike you mentioned that not. Answering questions could be evidence of guilt in in in some case law. If he just told the cops I don't you talk about which could be -- life. Is that obstruction. It's not obstruction if he genuinely believe is that. Or if he connects to a to a question that he doesn't have to answer if in fact he is withholding information. And he knows something that could be helpful to the police or it's something that. Yeah he's concealing information that the police could have access to if he's able to cooperate it really depends on the context of the question. That in terms of his silence it's important the United States Supreme Court earlier this week said that unless you express police state. You're right it's did not answer questions you're silence can be used against you then during an investigation I'm sure his lawyer has told them that. And I and I think it's sort of the new tricky area a lot of words you don't cooperate with the police. Here's silence can be seen as something adverse to your legal rights. And if in fact you try to impede the investigation by not telling the police were certain information is or hiding it that could be obstruction. This -- -- tweet about them Miranda warnings to see is that is that. Is stages situation Hernandez as well. Not yet curry -- I open at this point and you know we don't know all the facts but if he's he's just answering questions from the police. In general inquiry. I I think he's not going to be charged and I think some random warnings are not yet relevant. But the fact that this they're searching a power play I think that's a sign that. He may want to there have been I understand why he's being. Quote unquote uncooperative I think he's probably concerned that he's gonna be connected to something that he probably believes he's. It doesn't deserve to be connected to and he's worried his lawyer has probably told him the best thing to do right now is to take the public relations had to seem uncooperative. But at the end of the day your best start doing that until you know all the facts. Oh what does it mean to you win two of his associates had taken away from the house. In police cars. 24 I assume for questioning in separate cars not handcuffed what does that mean. -- it could mean that. They were -- critics who -- something as innocent as. -- you guys are willing to talk about that give us for more information about your role would rather not do it here. In front of all the media there all of these -- -- what do we do and separate location it could be -- something is -- that. Well it could be you really should come and speak with us because we have some serious questions. And we don't want to arrest you and if you come cooperatively loan handcuff you with all of the media they're taking photographs see it's probably. -- damaging image for you if you come away with us cooperatively so. Does that mean they don't have lawyers -- they don't have lawyers because the. That they have lawyers at this point because I think anyone connected to that house. Now could be charged with a crime depending upon what the police -- -- -- it and they should really all of its separate lawyers because of it turns out that. They all had some type of role the police to be working one against the other to get information. Mike in just those observer from the outside weigh on the outside looking in the fact that when the police discovered those two extra guys in -- house. And they tried to leave doesn't paint -- handles most positive light which you agree. I preach on the fact that they weren't able to leave voluntarily. I think at least signaled that they know something merely the police believe they know something I assume that they wanted to relieve credit they had it sure they would -- left and got home. The fact that they left with the police is not something that they wanted and I think he -- just been the police saying look come without it now. So he uses no image of us -- you later I think it could have been a conversation like that. I know this is going to require you to do it to speculate wildly here but a sense in terms of the timeline going forward Mike is -- going to be 888 protracted -- where we get drips and -- over the course of weeks and months or they're gonna be some big breaks -- relatively quickly -- up. Who the victim is and what the relationship the victim was Aaron Hernandez is just a short time period or long. It's hard to know but I think a pleaser. Clearly investing a lot of resources in this case. It is integrated -- if they're they're spending a good deal of time looking into this I don't think it's going to be that long. And I think we may have that an answer as to Aaron Hernandez. In the not too distant future and I think it could be that his role is actually very minimal. But at the same time being connected or knowing people who do something wrong. Is gonna reflect poorly on him but you know hopefully it turns out that his. Role in all of this -- was very minimal and that it worse Davies protecting -- friends or others. Which isn't a good thing necessarily but it's a it's a heck of a lot better than -- An -- of the celebrity and aspect of this case. -- motivate the police to do one thing vs another this -- content -- plumber and not Aaron Hernandez with this go any differently other than the news of course. I'd like to think no why I think the fact that it's a murderous gonna generate a lot of potential for the police it's a major crime and it's a crime. That it is you know is worthy of investigation having any murderer would attract a great deal of attention. I think part of the reason why there's such a police presence is because they know what the celebrity. And they know that the media is going to be there right and bright that they did the part of it is protecting the scene as opposed to just investigating the case. Judo legally when they have to identify the victim I mean they know is that -- is. When will we know. It's their discretion I assume all know what you know we're within a week. -- -- victim is it also involves learning family members. And preparing for -- for the fact that. To disperse the same is not going to be connected with news source. Do you know if they'd come out of the house there in their the cubs are inside the house they come out with a blocks them. We assume evidence does that mean he allowed them to search his house they all -- to not a war or did they have enough time to get award. David what about enough time to get award it's very easy get a warm politics is probable cause. That there's some evidence they're connected to a crime. It I assume that they got a war and I also assume given that he's quote been uncooperative. That he wouldn't of given a voluntary. Permitted a voluntary search of his house especially is if he called lawyer as an employer would have said don't do that. -- So I imagine that a search warrant positions. What are they thinking obstructed the allied to them. When would that be charged that that does not and that could be weeks that on the road where you -- actually -- -- that crime correct. That's right -- that would really come down to is -- being a team player in the investigation. Is he being cooperative it is they're big they're probably telling him look you better be clear what does she better be Autodesk. And you better be cooperative because if you're not. We could argue with obstruction now that's more of a threat there's nothing that could actually happen employer may be telling him. Don't worry about that you don't have to answer these questions unanswered questions is necessarily instructions. But if he is charged with with something like that it would be later. Ice Mike McCann UN -- law professor and SI dot com legal expert always a pleasure talking to Mike we appreciate that information has always. Doctor I -- Mike again with the Santelli on the AT&T hotline AT&T -- LTE.