WEEI>On Demand>>Michael McCann: Hernandez case no longer a slam dunk

Michael McCann: Hernandez case no longer a slam dunk

Feb 4, 2014|

Our legal expert Michael McCann joined the show to discuss the latest in the Hernandez trial. He said that the murder one charge is no longer a slam dunk for the prosecution.

Transcript - will not be 100% accurate

3-D NC if your phone calls in just a bit SI Michael McCann professor of law director of sports and entertainment law institute at UNH. Is our go to guy on now all matters legal rejoins us on the AT&T hotline good Michael how Mario. -- I'm notified -- get it seems to make about the super bull the criminal cases in a weird and perverse kind of way are very similar. 22 weeks leading up to the Super Bowl at the beginning you think you know exactly how this thing is going to play out. And as the game time approaches you begin to have your doubts threes I say that is I'm hearing a lot more sentiment. On number of different quarters that getting a conviction on Aaron Hernandez. Will be difficult at least more typical sweet spot at the outset that solidly based theory. Yeah I think it is John I think -- let's face it there's still no more murder weapon that has been found. And there's also the odd coincidence that the number of people connected to Hernandez they could testify against them. Either dying or being shot you're three people who have died there is Alexander Bradley who's now been shot a -- I believe twelve times once by Hernandez allegedly. And then eleven on Sunday night. And then of course there's the fact that. The other evidence against him you know there are questions about it text messages and video equipment possible destruction of evidence there these are things that. Could be damning but -- lawyers may be able to provide a little bit -- -- -- that at least one insurers says I'm not fully convinced right and that we have a hunger. What -- is a connection or just a coincidence that all these people getting shot and were killed were connected some way some shape or form with Aaron Hernandez if nothing else it's sends a message that maybe this is an occasion you wanna get involved and if your name does not -- Hernandez. Yeah it's frightening quite if you know something about Hernandez and you now know that three people have died. And another has been shot repeatedly and it has to be frightening to think that if you go to the authorities and say I know some things. The same they could -- you know there's one person who implicating him Carlos Ortiz. An alleged accomplice but he apparently is incredible to me that's interesting because there's the other accomplished artist Wallace who -- cooperating. I wonder law enforcement and authorities are gonna have to try to cut a better deal with him. To get in the testify against Hernandez but he may be thinking I'm not -- What do you make Mike of the communication. Hand Hernandez has with -- visitors I mean we know he's not the brightest criminal mind out there. But do you think he's implicated himself in the think that he is alleged code that he had just -- speaking in code. Was laughable was that something that will be easy for a DA or prosecuted to use against them. Why I think his judgment in terms of communicating outside of jail can be questioned the fact he's sending letters to spam. None of which necessarily paint him as a murderer but they're weird and it's a strange device to use and I'm sure his lawyers don't like it in terms of the coded messages. If prosecutors can make can establish that there's the language for the code I think the hard part will be do they have a translator to somebody actually know what the code means. If they go up there and say we think he's speaking in code but can't specifically identify what the code is referring to. It's not going to be -- that powerful. Is it -- mean. And a circumstantial evidence it doesn't always necessarily get a conviction I think sometimes it doesn't it does still seem to mean Michael that there isn't between the the video between the text messaging but before I think SH we guess that. The way about house clean the -- want this -- smashed up. I mean it does still seem like he's -- and it doesn't mean -- guilty conviction but it just seems like Hernandez to me obviously get this right. Look like a big I think you're right there's still a lot of damning evidence that it's hard to explain away all of those things. But politic to one juror to say well you know I get that but. There's no weapon and why isn't one person they did it. Politics is just one to have a little bit it out now he may still be convicted with what with what they have. But I don't think it's a slam dunk it that we thought back in June that's for sure. Do you predict Aaron Hernandez defense team's approach in tactics will be once this gets into the courtroom. I think they're gonna say no weapon no one who is credible is able to say that he did it that they may have been using drugs that night. And as a result they're real issues of memory. And they can also say if he did it why would he have been so dumb about it why would if you he had left the body. A mile or less than a mile from his home that doesn't sound like a trained -- that felt like an idiot. And if he's both this season killer that they've alleged. How could be done something so stupid so I think they were just argued it's implausible that he would do it any evidence that they have is that worst. Very suspicious but isn't beyond a reasonable doubt. If prosecutors can put Aaron Hernandez at the scene of the crime. Does it matter who pulled the trigger. So in Massachusetts recognizes joint enterprise -- -- which means if you're part of a murder you can be held as a murderer. But they -- is an event just being there itself is enough they have to show that he was involved with the event. So they can put him there that certainly helped their case but they have to prove exactly what happened they have to have a narrative. As to who killed golden low -- can't be one of these three did it -- we don't know which one they're gonna have to have more clarity on not. Where's Carlos Ortiz and MW will he get like you know a year two years five years and and be free. Is that the kind of deal he's gonna cut. I think so -- but at the same time it doesn't seem as if they like him prosecutors to -- that they don't believe what he's saying he's changed his story reportedly. If he isn't a good witness they adolescents and -- had a good deal with them is he has and that's helpful felt. I don't think he's gonna get a long sentence if he's convicted but I also think he probably hurt himself. By not by not being transparent apparently about not. Providing a clear narrative as to what happened what he changed his story because a lot less useful could now turn into the lawyers can say you can't trust this guy. Is it realistic to root the thing to Hernandez might get. -- second degree murder may be manslaughter is that possible. It's possible court in Massachusetts juries can can basically ratchet down the charge in terms of murder. Demand for the team's second degree and manslaughter and that is possible that could be a compromise verdict. Where the jury isn't convinced that there's first degree but they -- and second degree or manslaughter. And I also think it's worth noting that he does -- five other charges for weapons that in total impose up to 29 years in prison if he's convicted more likely to be much less than that. Probably more on the five to 759 range so. Even if let's just say he's able to escape a conviction on murder. He's still faces some time and present and it's going to be a lot easier to prove weapons charges could those really -- what possession. BD happens he can play well they weren't -- they didn't touch them but there's video suggesting otherwise. If we turn our attention now -- the July 2012 double murder drive by -- situation does he remain uncharged until this thing. The first one the old Lloyd case comes and goes and that he's charged. How about that time -- -- Well John they could charge me any time I'm actually I'm surprised they haven't yet given what we've seen in the police report the fact is that there is there a video reportedly that put heard it put Hernandez. In grub -- country Mott street the night when shots for fire fire permanent QB that were shot at five guys in the car killing two of them injuring one. And be witness who the big guy who survived Acco temporary. That he saw the driver he didn't give a clear description that it was Hernandez and I think that may be the real issue is that we can. Hernandez can be put at the scene but not in the car itself. And that may be why he hasn't been charged yet put. I think based on what I've read there's a pretty compelling case that that he had some involvement. But it appears that they wanna take it carefully and and at least a grand jury has indicted him. -- unfair question we end -- look at your crystal ball how does the -- Lloyd case. Play itself out for Aaron Hernandez. Well I think right now Hernandez is well positioned to avoid a first degree murder conviction I think. A second degree or manslaughter is a little more likely but I'm not convinced that won't happen either way I think there's enough. Therefore his lawyers to say. Story isn't Cogent and that this was -- civil case were the standard is more likely than not short he's liable but he did -- about liability to -- guilt. And you have to go beyond a reasonable doubt. And I think his lawyers and let's face -- he has the resources to assemble top legal team. He's gonna fight it to the end he's gonna have evidence experts to come in there who question the science and questioned how the evidence was handled. We saw that in the OJ case we're gonna see a similar thing happened -- Ana Hernandez trial. So I I think it's gonna be hard to convict him of murder but I don't think he walks free fight to make prediction I think there's a very compelling case. That'll be guilty on the weapons charges so he isn't going to be leaving prison -- -- to -- the most likely situation that hey -- they could find the murder -- next week. Someone else could appear in things change in the story. Well right now the artery in his favor. Well as always we are smarter and more well informed that we speak with the Michael -- Mike appreciate you taking the time and spell things out force has always. -- Mike joins us on the AT&T hotline he's the director of sports and entertainment law institute at you and H.

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