WEEI>On Demand>>Michael McCann: Aaron Hernandez may face death penalty

Michael McCann: Aaron Hernandez may face death penalty

Jul 26, 2013|

Our legal expert from Sports Illustrated Michael McCann joined the show to give us the latest on Aaron Hernandez. He said that it is likely that he will be indicted in last summer's unresolved double murder.

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Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

-- -- ongoing and daily occurrences in the Aaron Hernandez case -- -- your day goes by we're -- have a question whether it's about the probable cause situation why it was postponed. Expanded. Investigations. The judge allowing media access to certain pieces of information. That's why our good friend Mike McCann SI SI dot com legal eagle university of potential -- Joins us on the AT&T -- AT&T forgy LTE according Michael how are you. Dog well you know back in the day of my mom used to say to me from time to time John. Don't make a federal case out of this now I don't know exactly what that means but I think based on having read something you get writing as early July 1. Aaron Hernandez is probably saying to anybody -- listen please don't make a federal case out of this tell me how that applies to Eric Hernandez wan port Michael. -- on and in the key issue with the federal cases that there'd be the possibility of the death penalty which isn't available Massachusetts. And basically the argument would be best. Hernandez is crime goes well beyond Massachusetts that if we look at the other persons involved -- Wallace college sorties. They were arrested in Florida and Connecticut respectively. It appears that -- -- -- came up. From Connecticut. It's giving the impression that this extend beyond Massachusetts borders and I also think it's worth noting that. Different and this is charged with a double murders that occurred in Boston last year a DiCaprio Furtado and Daniel braille. It would suggest that this is some type of it's not a serial killer so what is involved with organized crime that would likely get the FBI involved so. You know right now we're looking at -- case in Bristol county that there could be a separate case in Suffolk -- in Boston plus a federal case. Is a component of business. The fact that if he shot -- Lloyd because -- Lloyd might have been a witness in a another murder case. But the fact that he's killed a potential witness also adds to the component of being a federal case. Yes it does. And especially given the interstate connection to right and I think. In the other issue there is I think it goes to motive because a lot of people said rightly so why would Aaron Hernandez -- and -- they got into an argument. But -- -- going from an argument to orchestrating a murder is a pretty big job won't know I had. If -- and -- new information that Aaron Hernandez didn't want him to share. Right. Bike with when you look at the when you look at the two and again I'm confused the timeline of how this is gonna happen so just say he gets arrested for -- for the double murder here right arm rest in charge of sync with the with a double murder saying charge charge to write -- -- -- -- that. So -- be staggered process where they were go through the Lloyd thing then then that happens is convicted they do it again but these two guys after that. Yet there would be any different -- -- right where you're hearing there would be a separate trial and Suffolk County. The first trial go forward in Bristol because that's sort of the process that has already begun. But concurrently he would face charges in Suffolk county and the courts and have to work out when he faces them and are likely to be the first phase that murder trial in Bristol. And then he got to go to Boston. I hate to use this term but would not be overkill -- convicted of the first one. What does anybody gained by convicting him of the second would it be the victims get justice of victims' families get justice. That's part of that it would it would make it more. Accessible for those families to pursue civil cases against it right sort of -- convert convicted of murder. But the other argument is that every jurisdiction. Has a right to pursue charges if -- if individuals naturalistic and have been charged that. Just because he's been convicted of a crime in one county even murder doesn't mean another county can't pursue -- I think I think there would be -- -- -- trial what does it mean to you when the prosecutors at the down. Probable cause hearing said we are not ready to go forward there were talking about the grand jury in Suffolk County explain -- -- the significance of that to us Michael. Or is different and this is indicted by the grand jury there wouldn't be a need for a probable cause hearing sound and it sounds like. He's going to be indicted for the other two murders as well for reading between the lions. It's it's as they grand jury proceeding is very much stacked in favor of the prosecution. They call the shots. They present the evidence the defense didn't even president so at the grand jury being told that Hernandez committed these other two murders I think there's an excellent chance will be charged. What is the the standard what is the formula I guess is a better term when he prosecutor is laying out a timeline. And the information that he has an end and part of the fruits of their labor of their investigation. How they know when to stop how to they don't -- is enough enough and how much what percentage of stuff that has taken place. Do you think we know vs what we are going to find out when this goes to trial. I think we are we in in your shirt pocket but this with the Bulger case we're seeing is that there's so much information why not just cut off postal line and just in an and the K yeah. But but but I think there's always been concerned with prosecutors that beyond a reasonable doubt. It's such a high threshold. That they want -- it's better to be inclusive rather than cutting it short and I think they're gonna be very cautious and they're gonna present every piece of evidence even if it gets tedious even if it's seems as if it's repetitive. I think they're gonna do that in terms of what we know vs what we don't know there's a lot we don't know yeah and and the prosecution wants to share is as little as possible. To ensure that everything that they have. It's scientifically checked out and there's also the possibility of if they tell about a piece of evidence. Another piece of evidence that may still be out there could be destroyed -- -- could signal someone else let's give credit to. So there's no doubt in your mind Michael McCann that there will be. Several -- -- moments where we'll go all are you kidding me I never thought of that right. So yeah I I I think we only know a small portion of the story right now. All of the surveillance stuff we saw yesterday Michael was at the game changer at all the -- the image of her name is with a gun -- is -- left and. I think from his -- Perspective -- definitely game changer that he really looks like a murderer there claiming this is a very powerful image. He would begun that is arguably the gun that was -- -- the for the prosecution will argue. It is really easy now to tie him to the scene and Hermione doesn't look like NFL player in that image and I think it's powerful that regard. On the other hand you know maybe Hernandez lawyers can say well he like to walk around with guns and maybe that's part ton of other images that they can show. Where their wind murders on evenings when he was walking around with that garnered just as he was. I don't know that's gonna work but they're gonna have to come up with some type -- story -- to say that was actually a typical photo of Aaron Hernandez. I keep going back to this you talk about the PR side I didn't receive this for the S troops in a million videos a million images. It seems hard for me to believe still. He's gonna be able to get I guess I would call fair trial around you with all this massive media attention that's gone on here in the past. Couple months is that something that sits upon is it's that's still possible they may move that are now. It let me move to America can only do another part of messages right and right. Kimberly that it stayed and I think we all know moving its western mass and wouldn't have a big effect. Yeah two part question and I'll just start the first in the new dimension to get the second can Aaron Hernandez legally. Finance earnest Wallace's defense. Not directly because he's also corporate he's part of the story as well that a judge would likely say that's a conflict of interest if he is. Directly funneling money if that's as someone else especially if that person is now implicating Hernandez. Can you think of may and part two can you think of a more viable defense scheme. Then somehow the pair up Aaron Hernandez an -- Wallace a friend of Aaron Hernandez father -- so far I guess. Hasn't flipped. And have those two guys told the same story that they stayed in the car. And Carlos Ortiz got out of a car with old Lloyd things went bad he was shot and they just ran and ran like hell went home. Took very good job there is that reasonable doubt and that would that that's what I think is making the so adjusting is that. It can -- our mind we were all convicted Aaron Hernandez. And it seems as if he's guilty but let's say that is what happens in the trial yeah lawless Hernandez stand together and so yeah it was a routine that did it. And then if you're sure you're thinking well I'm not sure we get it. Maybe maybe there isn't enough other evidence that clearly implicates Hernandez. But even then of course Hernandez could still be found guilty for murder because you could be part of an enterprise to kill. So he's still. Could still be convicted he may not be that shooter and also there have been to file charges so it is -- that you're gonna walk home free from that but it would complicate the story. If -- are consulting the patriots yesterday Mike are you telling them what are you telling Kraft or go check. Those two guys -- the about the players yes they talking it seems like it's it's a tricky thing and you need the implications possibly if you say. The wrong thing you -- insisting nothing at all. Now I would welcome to address and I think they handle it right I think may -- you both back in the work compartmentalize that think that's a good word to sort of let's address this now and then later on in training camp we can focus on football hopefully for them. Focused on football as early as possible but I noticed Belichick's -- that there -- a couple of ways that he really tried to distance spoken self. And the organization from the murders he he mentioned a couple of occasions that he was traveling in Europe. When all that's happened which seems sort of like in an important points but he said a couple times I think it's signaling. I'm not part of -- I didn't know when he -- don't implicate me in this in any way shape or form and he also said look we've been here for fourteen years under his watch. Hundreds of players and -- the system against signaling. Hernandez is the anomaly most of the guys to come through this system are actually fine and I think that's an important point is -- look Stanley sues the patriots and I think. It's unlikely in this state because it's -- -- very hard to show that the patriots are vicariously liable for a crime that occurred by a player who wasn't. An employee at the time he wasn't driving to work was driving home from work the crime didn't occurred in Foxboro Stadium is that he is the organization is very detached. From the crime that took place on the other hand. It wouldn't stop a lawsuit because of the lawyer could say well you know you knew what Hernandez is dangerous tendencies I think what Belichick's that was in -- way of saying look. We don't know anything about this guy we weren't near him when that happened and most of the guys succumbed to the system were actually fine he's an anomaly he's not part of a larger problem. Might get a brain fart moment what could Bill Belichick or Tom Brady was said in the respective press conferences that would -- somehow jeopardize him and created some sort of civil exposure. Well they had said we we had real concerns about Hernandez's behavior. Well we've we've got him as a danger we tried to work but it wasn't success something where it's saying we knew he was a danger to society and we didn't do enough. Make sense is very legal reason why Tom wouldn't say whether he had been in contact with Aaron Hernandez since the arrest of the charges and and and wouldn't speak any way in terms of his personal feelings about what he thought when he found out Hernandez was arrested and charged. What was he thinking that I have been talking to Aaron a law enforcement -- both are wanna talk to Tom residents say anti Semitic thing he admitted -- right right. Friday he -- wanted to interject himself from this story. If Bud Selig today at noon comes at a press coverage as we are keeping Alex Rodriguez out of baseball. What legalese Rodriguez going to do what this is path to getting back -- -- -- say one -- there's nothing in the CPA -- uniform player contract that authorizes the commissioner to issue a lifetime ban. That if that is going to be part of it if it that they and is going to be possible it has to be expressly stated. In the CPA or in my contract neither of which is true it is true that if you tests positive you could for the first time to get fifty games and -- -- game. Yet even tested positive he's gonna say so we can't jump from the Euro -- to a lifetime suspension. It's not in the -- BA and the players association would immediately file a grievance. They were being grievance process and as as you know I'm not -- -- fan but I think in that respect he's right I don't think there can be a lifetime suspension. Land that is an authorized in the CPA. So given that as as the legal background I guess you suspect there are some negotiations going on here. Yeah John you mentioned this earlier Pro Bowl -- you recruitment and maybe this is part of baseball tactics to say. You're gonna get a lifetime bans he should agree to -- 150 yes yeah that. I I think Iraq is more sophisticated than that I think his lawyers more sophisticated than that. I suspect they're saying go ahead and give me a lifetime ban -- you know -- cold call your bluff. Spending for life in if you do that. Then. Then what we want you to grievance process and and members Steve how about a lifetime ban and and he ended up back in baseball. We will use the grievance process and will win the and they rubble probably feel like the Victor if he's able to come back and Bud Selig will look bad. And only that'll take forever to happen in this in this day and will be out there for everybody see for months if not years. That's right and he'll be in all likelihood and if he wins that. Grievance he would be paid back pay so if he's suspended and then he's an -- -- -- paid back that you would be compensation for that so. It could be pretty embarrassing for beta so I don't think they're gonna get in the lifetime ban. I think if they do that I'd say I know that there's a key argument no one likes A-Rod. I get all that but I have to be authorized. And before I let you go Michael McCann I just a quick glance in on the Bulger trial. Stickball rakes waited 29 years to testify against this guy who he suggest literally talk. His liquor store away from him and was all set to do it and in fact was in court on days he wasn't required to be in court. And then suddenly the prosecution says we're taking you off the witness list we don't need you to testify against Whitey Bulger what would be there impetus for doing that. I think they may have learned that he was incredible aura that he wasn't going to go on the stand and and be helpful. Perhaps he would have been confusing. Perhaps he would have that thing that would have been both pro prosecution. Improved defense not intentional or not but that is storyline just doesn't. Help the prosecution just beyond a reasonable. A strange nugget came out yesterday where the court. Artist Sid stepped ball. Asked her to create an image. A 8080. Piece of -- -- -- a drawing that had -- Whitey Bulger with Billy Bulger standing behind him and the words I've got your back. And it was his intention to take that and hold it up during his. Time on the stand. -- prosecutors got wind of that said that's gonna really screw things up. Yet the fact of the courtroom person was involved that that's just one of those things where. The last thing the prosecution wants to have happen is for boulder lawyer to say what's going -- -- yeah this is a circus I want a mistrial. I is Michael look at -- Bartlett from SI SI dot com University of New Hampshire law Mike thanks as always we appreciate your input. Michael McCann but Dennis and Callahan on the AT&T got like AT&T forgy LT you know -- He does yeah yeah jugular. He's good he's got -- where are we into I'll take a break 6177797. 937. Our fault lines open will talk with you still to come Jules Sherman who was all over this erupting but I I guarantee you is going to get much more complicated than. A grade one Claude I went to a doctor the wasn't authorized and -- This thing is just beginning to -- there's a great book waiting to be written. You know gas from now somebody who's in -- knows everything casino back and forth -- -- -- Cashman and Steinbrenner era as people rod Jeter these guys it's I'm believe -- -- for all the stuff we are dealing with here locally. I'd be jealous of -- -- all the people the in the New York Jack here real early as juicy stuff we can't agree right S pleasures. -- -- yacht off for a while -- I woke up. This morning I had an idea. This it's this is significant of nothing. Other than we haven't done yak off and and think about Hernandez and all the stuff that he doesn't get to do -- -- -- side bunker. What are -- small pleasures in life. Find cigar in my class who won although those are small pleasures about this I'll lose your mind. You -- -- caliber early in the morning yeah I set my alarm for either 33345. Depending on. What -- stopping -- -- duke -- are pretty quickly 30 in the morning there really use that -- set for yet my small pleasures. I wake up the middle like -- that. That week. And then there is this moment of fear before it turned over look at the clock to see what time it is. And the worst it is it's like five minutes after three. My alarms ring and 25 minutes that's just pisses me. Yet what that point would you do you go penis up greens like this has been top higher payment to legislate written that who cares what what -- -- -- happened I forgot my -- you're at least going to go and it's going to rain it don't actually not bad for us now I think not part of that I now know the spot at the other end of that is small pleasure this happened last night. Went to bed went a little earlier of Red Sox right watch that right you thank you mother nature. And a walk up. I get a optically looks at what time Covert the clock it was 1155. And his -- all. That was so fun -- -- grateful -- great small pleasures just grab the Gatorade bottle. Went to work underground right that's exactly all pleasure -- to -- three and a half hours more sleep as opposed point five -- I did last night and -- the first time since I started here. February I went to bed in the alarm woke up I do not wake up once. Right through straight through which you drink and eat drink and drink now I don't know what it wants to yielded Lloyd first I debts. When it was was I think part was I opened the windows it was a great sleeping I think that was a big fat you must. The rain I think -- told us of why I always kind of thing and I thought she told me get the -- back you should get -- -- -- that I think I'm gonna do what would you birthday Halloween. Public. You don't buy them some stupid -- be -- -- be dedicated etc. it will look -- alive in Europe professionally and literally right by you and noise machine for your birthday okay fine you a -- in the afternoon I mean you have the opportunity the -- gets. It's great day. -- little that is ninety. I'm aware that they can't do like of the people it's like cut the grass or traffic or whatever that was she non see you slip when it rains that it was off small pleasure small pleasures in life is -- Rogen and Evan yeah I aren't great just like -- In with a lot of big. Small pleasures that just sort of make you smile and say it's -- -- be good that's WEEI live app click on the open Mike had seconds tools for small -- just to put it out there we -- -- had injuries that they -- -- so it's -- up with those issues. Rips her off all lines open Andrews in Malden. CT is in Providence your phone calls next idiocy as we told you Joel Sherman won't join us to weigh in on the A-Rod fiasco.

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