WEEI>On Demand>>Rosanna Cavallaro, Suffolk Law: Hernandez in trouble even if it's discovered that he didn't pull the trigger

Rosanna Cavallaro, Suffolk Law: Hernandez in trouble even if it's discovered that he didn't pull the trigger

Jul 9, 2013|

We check in with Rosanna Cavallaro, a professor of Law at Suffolk University to get her perspective on the new details that have emerged in the Aaron Hernandez case.

Transcript - will not be 100% accurate

-- five continuing to go through the unsealed search warrants in the Aaron Hernandez case. -- we just mentioned -- shot twice after he was supine on the ground. The wounds inflicted by 45 caliber ammunition. Five spent cartridge casings were found near Lloyd's body -- it was a 45. That was get this. Found in a dumpster. After have been found by enterprise rental employees. After Hernandez turned the rental car back. All the cartridge casings the five -- Lloyd's body in the one found that enterprise were fired from the same gun but that gun that has not yet been found. Carlos Ortiz is charged -- the -- violation led police to what he called Hernandez -- flop house and Franklin toll is a flop house metropolis. -- I'm confused again. I have the difference. Let's move. Glock 45 caliber magazine. Was found loaded with ammunition in the Franklin apartment that Hernandez had rented different caliber of ammunition were found including 45 caliber. In 22 caliber what does all this mean how serious is this what what can we take from the evidence. Or at least the the search warrants that were unveiled today Roseanne attack cattle -- Is a professor at Suffolk law she'll -- used to work for Alan Dershowitz famous defense attorney out what do you take out of some of the information that we've heard so far today. Well I mean not the police have been meticulous to going back to -- two apartments -- eight different -- collecting every last piece that they can that will. Create this circumstantial web that he says some of the pieces we have not heard about it still. Missing that there seemed to be glimmers of additional evidence that it could say that they did gunshot residue can't match had. That this clothing and other materials that they might be able to link to Hernandez and self. On the night four other relevant -- that are captured on video -- just the the pilot getting bigger. Can you explain the mattress thing you just -- I'm all confused can you explain. Well what I what I understand from reviewing what they return entry into the wind -- that they did some kind of gunshot residue kid on a mattress in. His home so I don't know what the results of that are that is what the kids' show but. Presumably that theory is that if he fired the weapon it would be residue on his person and if he then got into a bed. That it would be transferred there and they could you know retrieve that kind of forensic stuff so presumably that. Why they did it in again we don't know from the return of the warrant what that -- hit show but. It's kind of tantalizingly. Out again that. Maybe what it will show is that there was gunshot residue I mean still an open question is who fired the gun you know in -- three people. We don't know for sure yet which of those three or even looked at the State's -- and which of the three with the shooter. Professor of this information comes out is it possible to say or or -- to determine. Who it benefits more does it benefit the prosecution for this to come out does it benefit the defense or is it a wash. Who walks in and it's really about timing that is to say I think. A week ago or two weeks ago the prosecution may have felt more strongly like we don't want this information to be out in the media. Because we want to be able to go back 345 times to the same property if we need Q and right now we wanna keep her cards very close to the best. And at this point you know what they've done they've done in a pretty much finished. Sweeping through the property said the fact that what they retrieved becomes public now. I think much less important. Then it might have been when they asked that this Caspian counted that really with a bad timing more than about ultimately doesn't have to stay secret forever. What do you think Aaron Hernandez was charged with the murder while the other two people -- we're charged with lesser crimes. Well you know it's interesting because even if he was not the shooter he could be charged with murder on a serious you know being that. The joint venture -- the person who was the mastermind behind the shooting. But it may be that the combination of evidence that they have from this video suggests that he. Was the shooter. And I think there waiting to see probably whether they can get some cooperation from either of these two weather guys. That would again feeling those get set a circumstantial case sometimes head I mean if nothing like as a witness firsthand eyewitness. How would you describe the case right now. Do you think -- strong for the prosecution. I think it's very very strong I mean again I'm only getting the that they can keep -- that you all have gotten. But it just seemed like kind of a mountain and yes people can say look only circumstantial but I mean if every god is in the dot to dot. And it doesn't really matter that it's circumstantial I think you know they seem to be developing the area motive. Discussed all this other material that link and then this. Chronology of video that take it from point a to point B very clearly. I think it's a real uphill battle for him at that -- Because of the publicity given to the case in the celebrity of Aaron Hernandez do you think you get a fair trial here. You know mentally it's very difficult question I think he can get a fair trial. I mean you know you'll laugh about it that there are people out there who just don't pay attention to this stuff and they're going to be part of the jury pool too. -- to. So -- -- two edged sword you know when you find that you're prepared -- only watch home shopping network you know and I never heard of the patriots. And I think well if that really depressed and we want to decide this but. Somewhere between that person and that person that does and read it and we're gonna find a pretty good cross section of people who are pretty fair minded. May have heard this story and don't forget this can be. Months between this saturation coverage and the time the trial actually take place and then people forget that and that and that wind up. Talking to Rosanna I cattle -- Suffolk law professor she also I used workarounds are sure which been around these types of cases. What are of everything you've heard what is the strongest piece of evidence that thing that would be most important. I think it's the video going in and that it the industrial park and the timing is so tight there. And what on earth are people doing their otherwise but they're not participating in this. Shooting which we have witnessed this tool -- heard gunshots and again the effect that the time frame is so tight it's going to be very hard to get some sort of innocent explanation for what those driving drive up video are are revealing. -- I know Aaron Hernandez is the rich man. So maybe a jury will look at this like it's nothing special but you. You give any way to. Aaron Hernandez having a mansion in North Attleboro any another. Apartment. In Franklin closed by Jimmy given its line of work. It's not like he has -- he has to sleep in the city and so -- -- an apartment and often what north out of our operating. YouTube will look at that is that a strange thing or is that just stay what Rick what rich people do. Well you know it's certainly -- could be spun it to be very suspiciously like kinky do whatever it given the Franklin apartment at home. But what's the problem is you know what we hear about right now that there is -- center apartment might not necessarily reach the jury. You know one thing that the -- very strong on -- they will not allowed some and to be convicted because it's kind of to the station and her mind and evidence that other things that seem shady or. You know other ammunition. Or -- scale -- things that reek of criminal activity like. You can't do the -- look at that person you -- kind of person who probably does bad stuff. You have to have a much tighter. Connection they had to be read in line. They need to learn about that apartment that they may have that region because having baseball hat into another task force found in the Franklin apartment. That are -- perhaps linking to the video images. But I must say can link it up like that they can't just take look at all these other shady things he's been involved -- -- bad. As a jumping off point to decide that he probably the kind of guy that did this can quickly gonna be very careful. Not to let that kind of trial on. And by the way you mentioned the the mattress kid EDC here being -- by channel five. As they're going through the through what was -- of released today gunshot residue. Found on a mattress in Hernandez's home. Odd that they reporting that it actually was meant that you found as opposed to get the kid that was. Why yet now again that's taking it through a couple of different filters that somebody who's reading through it in the tweeting it and then I'm saying it and you're interpreting it ran so. May not be that but no that's also I don't know the forensic science at this but how long can such residue be there that it you know could you pop -- Legally to a firing range and still generate residue on his matchup that would be there a week and months a year later I don't know beat. Sign in -- So it may not be as. Smoking gun pardon me as -- sound and let -- know you know that it couldn't have been there -- before and I think. Do you have any issue on how this was handled the arraignment -- Aaron Hernandez was denied bail. He has been an isolation any thing out of the realm of of normalcy that -- with Aaron Hernandez because of -- celebrity your opinion. You know I don't think so I think this celebrity cuts and some degree the other way that it can say he's got the meat and the reason to get ahead caddie here if he does. Get bail and on a crime of this level of seriousness. Any ordinary person would have a strong temptation not to appear -- subsequent. Appearances so like I think the fact that he's being held is not. Inappropriate or out of the ordinary given the nature of the crime you know at the commonwealth allegations -- to be believed. It's a pretty. Cold premeditated kind of crime about it that it -- And how these things typically work him if you look at. The day that Hernandez was arraigned the prosecution seemed to have a lot of information. About what the dialogue was in the car but at that time Aaron Hernandez was the only line. Who was charged with something after that we got -- -- and after that there was a lot of circulation to. I apologize but they went back and Eddie did what was just written about the gunshot residue found and now says gunshot residue can't you know on a mattress a Hernandez's arms metropolitan wanna make sure we get that -- -- just -- -- of the prosecution team have a lot of information. About things that were happening in that car and -- I'm assuming that they didn't get that from Aaron Hernandez Hernandez we know they didn't come from -- -- How does it where is it is it unusual to get the testimony of somebody. To make a deal with them and then arrest them. I yeah I think it is unusual so I'm not sure exactly who the horse's mouth wasn't for some of that summit -- that was. You know fifty heck did as that was exchanged -- on that make -- I think they did have likened. A record of some of the text that were sent but if there was somebody in the car and I I think you're right that that would be puzzling how. They were providing information at that early stage in it now are. You know standing in this posture -- so you know armed playing has no special relationship. With the commonwealth not cooperating I don't I don't know how to pick up that dialogue. -- cattle arrow is a professor at Suffolk law school also has been a defense attorney. I no interest in taking your class I have to. You're welcome any -- I -- evidence kid that you can kind of all that the juicy stuff I can learn about evidence you can do here say in all kind of stuff. What's the difference what what what's better hearsay or evidence one on ten. Help hearsay if it has a few extra hurdle that you want the jury to hear it ordinarily we don't like something to come into things and we like to get at some. The person who actually -- I want to do here -- and how to attack Michael with things are only half hour drive failures every -- all right I don't know -- about -- every day. That's what we'd like if we didn't go into here that we have hardly anything to. -- thank you so much excellent to talk to you today and really really interesting information thank you so much -- -- that's Rosanna karma archival aero. A Suffolk law university in and out. I mean very really understood what was going on here. I wanna be clear because channel five is now being -- actual actually written from them. To be clear on the gunshot residue the search warrant refers to a gunshot residue -- it does not say gunshot residue was found. They did get to see if it's there. They've not actually found that gunshot -- so I apologize they changed with data originally maybe they have found a would have put in this report also possible. All of those things yeah exactly we don't know what the results of that kid. Actually -- sorts let's breakdown what we just heard continuing your phone calls about the patriots and Bob Kraft saying that he was duped. A we've been talking about that now really since yesterday. And not so you guys have suggested things that you might keeping your trap or flop house we'll hit on some of those nexus -- -- -- -- WE.

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