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Michael McCann: Kraft should have waited to speak

Jul 9, 2013|

Our SI legal expert Michael McCann joined the show to discuss the latest with the Hernandez saga. Michael said that had he been advising Kraft he would have told him to not comment yesterday.

Transcript - will not be 100% accurate

If you have been paying even a little bit of attention -- Dennis and Callahan program over the years you know that a Michael -- is one or respected and appreciated legal touch stones from UNH and SI dot com. He joins us on the AT&T -- AT&T forgy LTE good morning Michael how are you. Bob good morning deal let's let's let's do this chronologically something's happening today at 2 o'clock Daniel O'Shea district court judge Daniel O'Shea. Has agreed to unseal the impounded documents the results of police search is of the accused murderer Aaron Hernandez million dollar home. Eight is the significant. B why is that significant and to help the defense or the prosecution. Yet if it's significant if there isn't beat Elena that we don't yet know what I suspect it will be. Will likely get some more information that pieces together what the prosecution has argued. That there's videotape evidence and there's evidence from the house. That links Hernandez to the crime so we'll probably get -- an inventory. And possibly some description of some of the information that was obtained in the house that we haven't yet received I suspected probably favors the prosecution because it's gonna again. Link to link Hernandez to the scene of the crime police that the prosecution will portray it. And all put in our mind that he's probably guilty. Now his alleged accomplice George Wallace was arraigned yesterday and held without bail can you paint a scenario which. Would have Aaron Hernandez somehow. Financing his defense to have him -- with Aaron Hernandez. And tried to shoot down the testimony of the third guy that was allegedly in the car that night Carlos Ortiz who apparently has flipped. Yet -- to the prisoners dilemma right all three of them are charged with the murder in one way or another and they wanna. -- clearly Hernandez as the one where they wanna have to rely on itself. I particularly in -- -- proposition right now to convince either of the other two. That they should go along with him and not with the prosecution because they match in the prosecution is arguing. Believe what whip Ortiz authority work it appears and possibly would also -- as well. That they won't get treated much better in terms. Prison time in terms of related punishment if they cooperate and specifically if they go on the stand and say yes it would sound idea. He came up with that we've participated were released sorry but it was his whole plan. And give George Wallace takes the other attacked and aligns himself with. Hernandez does this in anyway shape or form mitigate what Carlos Ortiz will have the same court. Yes it does job because the two that would probably be providing some type of conflicting testimony that. They're able to give the jury some reason I think we don't really know what happened because these two guys are saying very different account right what happened and and and we -- prosecution. Any kind of dealt can be the difference between a conviction and -- in a not guilty of not guilty finding. Michael if Bob Kraft -- Client and he said yeah I'm going to go speak to three members of the media for forty minutes and an answer some questions about this. Our role we knew we didn't know what would be your advice them. My first -- -- -- would be please don't talk to the media yet let's wait until. Maybe the end of the summer before we hear a little bit more about the Hernandez case that topic now has the right time. There -- a lot of news going all of the patriots and this is gonna attract a lot of attention by making comments but he he owned the team so it's his decision what to say. I think his comments yesterday were fine I think saying that that the team would do is consistent with what the patriots want to portray which is. They had no idea that Hernandez was an alleged murderer. They knew he spoke pot and that he had an issue with that but they wouldn't -- no way of knowing that he was moonlighting. As some killer on the prowl and I think that's an important point for them because they wanna make sure. That they're not in anyway blamed civilly for what occurred so I actually think his comments were fine and I think they're big go to the narrative that the patriots want to present. Do you think the Lloyd's family rule. Take -- it's a patriot civilly here at some point. I think it's possible -- but I think it's unlikely I think it's very difficult to imagine a scenario where. The patriots or the NFL can be held civilly responsible for what Hernandez allegedly -- let's just assume percent for the moment that Hernandez did -- he murdered. -- Lloyd -- -- the patriots have done what legal duty did they know -- Lloyd first of all it didn't occur. At Gillette Stadium -- any patriots are NFL facility it didn't occur property and that is going to work -- from work occurred in the off season at 3:30 AM. And it's unclear why the patriots would have any people who itself. Yeah there's a lawsuit can always happen but it but it I wrote yesterday I really think such a lawsuit is unlikely to work. What would. Hernandez defense team be doing right now specifically Michael beyond filing motions and delays in those kinds of things. They wanna get the evidence through the discovery process where they can attack. How it was found alum was handled how it was stored. How -- linked together with the police is -- find any room for where they can argue there's a little bit it out and story there's a problem with the story. They also wanna go that the witnesses who are gonna testify against Hernandez from the probably trying to figure out who's talking. And how they can attack that testimony and they are still gonna go back to the fact that no gun has been found -- you can certainly convict someone. Without finding the weapon but it could make it a little bit harder -- -- gonna say we don't even know who fired the shots. The prosecution and the police have not announced. Who actually shot over and -- if they can't figure that out how can you be sure that Aaron Hernandez is the mastermind behind this plot in a plot that we know. Really didn't make a lot of sense to get into an argument with Floyd and then comes up with a brilliant idea to murder him so close to his house that. It it suggests he's really not very Smart and -- maybe true but oddly enough is not being Smart and that's helping him. Is your chance Michael -- for the defense. When the trial comes they're gonna call people like. Spell check like craft like Tebow -- whoever is potential character witnesses for Hernandez. Got it and it includes Hernandez would have to introduce character as an issue. In order for his character to come up and I don't think he's gonna do that you don't Fernandez says let's bring on Deion Branch -- Deion Branch says some great guys. He does that the prosecution will bring are probably thirty people. Who will say Aaron Hernandez is not a great guy so once Hernandez makes character issue in the trial and the prosecution can bring it -- as well. I don't think it's I don't think his lawyers are gonna go in that direction. The Michael who determines the timeline going forward is -- the visit and all three parties the judge the defense and the prosecution how does that work. Mostly the judge -- we will conduct the judge's calendar. But the prosecution defense offer arguments as to what makes sense for them they probably both want this to move somewhere quickly. But it terms. The defense they will likely ask for a little bit of time to study the evidence they -- probably. Bring in DNA expert and other forensic experts who will raise questions who will come in and -- an attack. But the evidence and they may argue that some time is needed for that to be done because you'll take. Other labs to study it. So what do you think the general timeline is here when this. When this trial begins. I think the most likely trial date would be sometime next spring he will get a trial within a year. And I think there's a chance -- will be next summer but I have my feeling is that what occurred next spring I don't think it's gonna occur in the fall that would be very fast. It's possible you never know with the judges' calendars going to be. But I think in the case like this that that seems to be fairly complex in terms of the people involved. In terms of the amount of money that -- and then spent on his defense I think a trial next spring is more likely. What kind of contribution do you suspect Aaron Hernandez is making to besides financial. To his defense team's effort to -- evolved in any way shape or form here. Yeah they're interviewing him at all like this that are asking him Telus really everything they everything that happened that beat. Do you know anything negative about these other guys that we can bring up that we can -- to say. How can you trust what they're saying about Hernandez. And also they're probably telling him look the prosecution claims they have these tax where you sound very angry vengeful. Did you usually do text like that other text that you may need. That -- what happened that night more ordinary and less troubling and that's indicative that you would murder them. So as a jumping off point they would actually asked their client did you pull the trigger and -- wanna know that. Yeah I have no doubt that they've asked him tell us everything that happened that night. And we have Google that you don't know your lawyers what happens very hard for them to wage an effective defense and they also have a duty not to say anything for the rest of. Why as far as you can tell do most accused murderers pop to it to their attorneys and tell the truth. I think it depends on the nobody accused murder or some of them from from what we hear are not as forthcoming as others. But the winds they wanna maximize their chances for being found that not guilty you're gonna be completely honest with the lawyer. Took us to taste in your mouth that given that Spencer attorney and you look at Hernandez said did you put did you shoot. -- Lloyd -- Jack White and I'm gonna go to work to drop a blast off the -- and get -- before shore action that's that's that's the living right and that's what you do I how to reconcile that Michael. It's the job I guess right. Yeah -- also bacon bacon reconciled by saying it's up there did their job is to make the prosecution do its job. To make them prove beyond a reasonable doubt that Hernandez did it. And it is true that visit them militia there right if you know someone committed a -- right out need to send them and I. And I think that's the struggle that all criminal defense attorneys have to go through but they can also say that that sometimes people are accused of crimes but didn't do it. And that in general in their interest and it's in their profession and it's injustices interest that we make the prosecution prove beyond a reasonable doubt but. I'm glad I'm not in a position where where I would have to defend someone -- been accused of murder especially -- -- that they did it's I don't know I can do it. Is it realistic to expect twelve folks are going there without a bias it around here locally is -- the story's going to be especially if it takes till next spring is that a realistic expectation. You know -- I I think it's unrealistic to expect that they can find twelve people who don't know what Aaron Hernandez heard this story. But I do you think they can find people that will be portrayed themselves as being reasonably fair where they also say look we know what happened. But we're gonna go in with an open mind and try to look at the information. As affiliate possible they're not gonna put on people who who commencing -- patriots fans I think they they will likely not be picked for the jury. There will also not pick people who say they're probably fans of the jets or other teams they don't wanna deal with the rivalry football. Impacting how people look at evidence. A final question for me Michael and this is a separate matter Joseph Karzai and -- makes its first public appearance since being caught. In federal courtroom tomorrow for I guess that would be an arraignment will anything remarkable happened in this procedure. Now probably not will probably be pretty standard procedure not much will be said. Will likely get some information about the narrative as to what happened but it but in truth I think we're well aware. Of -- he's accused but additional role will make it different yes think the fact that that is occurring. That there's some. They'll never be closure but at least some sense of justice as to what. He allegedly did -- -- these sort allegedly. And I think that's important for the healing process that we begin to see just. Since that day federal courtroom will we actually get to see him will will cameras see him going in or out. Yes not end it all right Michael again always a pleasure thanks for the information you very informative as always my friend. Hey thank you -- Michael McCants from UNH and SI dot com Michael McCann joins us on the AT&T got like AT&T four GL TE. I was thinking the same thing you'd that you said -- lawyer you know your criminal lawyer if the first time you hear that case and to pull the trigger yet again yeah. Let's get to -- let's -- -- off I can tell you that you admit I don't steam cleaned my shoes you know every day pocket the next pay -- fine. It's -- so we're going to get you free you killer. I guess there is some sort of built in disconnect there somehow I guess. I -- -- end and doesn't become more difficult when you actually it's wanting to be sitting in a cell or in a private interrogation room. And he's telling you the details of what happened that night at the industrial park right it's quite another thing. To walk into a courtroom and see all Lloyd's family and friends sitting their cry and and right wailing and sobbing in presenting this that this. In for information this evidence and probably support people want to relive this whole thing. And you're doing your day -- level best. To make sure that somebody who killed their son their father or brother that system whatever. Gets off scuffling on that I'm sure there are guys who killed people in the lawyers ask him in the public still liked the lawyers in if you tell the truth to bring a better chance that you -- yes it's it's it's crazy it's like. People go to shrinks in the you know one to strike at -- point. As -- thoughts are right quick time out rich Polly Charles Jim and Mike your next with Dennis and -- we might even take the arguing socio path -- -- do that I have.

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