May 28, 2014|
Sports Illustrated's legal analyst Michael McCann joined the show to discuss Aaron Hernandez, jared Remy and Donald Sterling.
Transcript - Not for consumer use. Robot overlords only. Will not be accurate.
Our 3-D NC you know generally speaking we never different Michael McCann from Sports Illustrated -- we have one case or one issue to discuss. The case that this is they -- faith based smorgasbord. A legal entanglements. Three people three cases and we'll get to right away as Michael joining us on AT&T wireless crime spree in Florida as soon regret a month ago crimes. If if government dollars. And habitats that we are all -- and -- billion if you do we got to get more important things to discuss Michael good morning. Good morning John -- I do very well. Theory as to why Jerry -- would lead to first I find it hard to believe this guy who's been a self absorbed error. For years and years suddenly has it warm spot for others -- spare. Either or both of the family's anguish of the trial is there any other reason that that and to do what he did yesterday. -- -- and one of the reasons their deal -- he's really trying to deflect blame. Away from his family. So that there's no trial and that it would not be to bring negative attention onto it to Jerry Remy right. But you know in terms of strategy is really no upside to do what he did he is in the and the rest of his life in jail and there is no. -- around that so I think it it was a shocking development that he didn't take his chance with the jury. And try to argue that perhaps if he was depressed or some type of there's some type of interference in his decision making I don't think it -- work that he has the money through his parents to -- to have fought. That is the charges that he he and we decided that it. It wasn't worth despite. Are theoretically speaking had he decided to go to trial. What would be the best he could possibly get in terms of concessions into helping him out the next 1020304050. Years of his life -- -- I think there's a possibility Geeknews. Maybe persuaded the jury that it was second degree murder not first degree murder and you'd be looking at getting out potentially after fifteen years in prison. But I I really don't see that pathway for him getting there I think the evidence was overwhelming. They -- witnesses there was a stunning police report. There is no question about how she died this seemed to be significant evidence that he intentionally did it. The only it is one of those situations where what it yet to lose by going trial right as he's probably gonna be convicted in bit. But I picky and don't party get inside his head of all people that maybe he just thinking that his dad. Where it was being tarnished by the process in the by ending it early and that is diminished. The did you just assumed that they attempted to negotiate. A second degree. Murder plea and and and failed in the in this commonwealth did not play ball. Yet because Feyerick Gerri sure they tried that and the commonwealth said what incentive do we have to give their -- the evidence is clear. We think we can win this case we're very confident we're gonna win this case is really no it's not pressed to go along with a plea deal. Don't see a civil case here Mike. Down the road. Yeah I I think we will see it you'll be hard though. To extend that Jerry Remy I think that's that's a crucial point where. It's really Jared money -- -- means money that implicated. Not Jerry Remy because it Jerry Remy if he is too. By the Stanley I don't think there's any of the initial reason I think that's gonna happen. But his involvement was as a dad not anything more. If the if there you've heard but this text message that feed you -- Allegedly sent -- after the you know it's -- get rid of the restraining order this and that the second -- play any factor all legally -- trying to after the grammys are now. -- -- possible I don't think it's gonna happen I think that it if that were to happen. She would argue that look at the situation look at the context. I don't think that. That message in and of itself is going to be enough. To implicate the parents I think their reputation has certainly been implicated -- legally I don't know if there's enough there to hold them accountable it. In terms of commitment that the civil wrong. Terrific he hopes. That someday you know sentences. These pardoned -- sentences commuted. Or -- and or the original rules change and somehow we get so when he seventy. You know it you'd never know Jerry and and maybe he has that in mind but I think. If you that is thought that he is really sadly mistaken because he's not gonna get out and he's going to be a first degree murder. If there's ever prison overcrowding or anything like that either the last type of prisoners are going to be without him and the -- you'd expect to spend the rest of his play behind bars. We like to call ourselves the hub of the universe we are certainly the legal all of the universe. -- Hernandez who's already been indicted the two extra murders will be arraigned today what does a legal significance of that Michael. -- will be appraised of the charges which purity really -- of openness of the formal appraisal which charges. He's already in custody so one of the key issues that would otherwise. Be divisive whether he should be held over. Is a pretty good result he's not going to be able to leave custody because we know that he's facing murder charges thrown in -- So he'll learn about the charges and we may also get some more detail about. Maybe motive why he stated that we haven't yet been made that data has yet been made clear although I expect -- hearing probably pretty short and I don't think it's going to be. As dramatic as the go to avoid hearing he's already. In jail. And I think the prosecution authority let out some information about. This particular. Set of murders so it may not be quite as thrilling or as dramatic as the -- Lloyd. Murder arraignment but we will get information and depicted the significance is that. He's going to be a football player that's chasing. Two separate murder cases three separate murders in two separate counties and it's hard to imagine anything like this ever happening. We're talking -- Michael McCann SI legal expert and Michael chronologically speaking. Who decides and how do they decide which one goes to trial first the -- case with a double murder in the south meant how's that determined. Yeah the prosecutors will huddle together first and I didn't try to get consensus so that there's no disagreement between them in court. And that will have to be worked out with Hernandez and Hernandez. It is attorneys may argue that it procedurally unfair or fair to have one go before the other. And ultimately judge will have to resolve that. But I think it makes sense sequentially given that the notably cases or -- I'm going on about ten months -- that goes first. And then followed by the a trial for doctoral Hurtado Daniel Abreu but I I think it's it's also worth noting that. In this of the process it's gonna play out over several years we know that the boy trial won't occur until 2015. And the murder trial for Furtado and embryo Polly wanna -- when he sixteen. And he's gonna be in court for a while no matter what the openness. You these can be found guilty and in the trial. I think the odds are strong and we found guilty in both at the trial but I I also -- hurt that. Neither is a 100% plan dot without employed they're still don't murder weapon. And although he can be convicted of what better murder weapon is lawyers will will emphasize that you know where is the weapon. That that that he used to kill -- and and although there's video of him. At the murder scene it's not while he is committing a murder. And I also think it's important with does locate that the other two defendants. What what. Exactly did they do and at the prosecution doesn't get after clarify it. What each person did. -- turkeys and Wallace and -- Aaron Hernandez but at some point they're gonna have to do. And I -- we actually see how they go about that in this case with -- I don't know -- There is you know allegedly murder weapon that that -- minutes of the scene. But the description of Hernandez's kind of generic it's an -- man that. Kinda resembles him a Hispanic man with short brown hair -- to be a lot of people who lawyers like. Have you ever heard ever heard of such thing is the tattoos. Being a clue where he might have to. Hold his arm out in court and and make it -- and it's submitted into evidence. No -- this is the first and in -- in fact he memorialized. One of the murders or both of the murders on his arm. That will be really the dumbest thing ever the right or won't he be thinking but. I think it won't have to see if if in fact that's what happened but -- we we do remember OJ Simpson and the glove and couldn't hit his hand. Because it had been -- a little bit during the trial that that's not the case here yet to show his arm. There's really got immunity to hide from the. Ortiz charged indicted -- is that increased or decreased the chances of getting this -- to flip on Hernandez. I think -- probably increases that because now he's he's charged. With murder but on the other hand he or he tried to -- for everything we know we tried to cooperate authorities. But it didn't found him believable and I think because he was unbelievable he lost any leverage you have. Donald Sterling in just 35 page I believe it was filing yesterday said the NBA taking away his team is illegal. -- prove that based on the NBA's constitution Mike McCann. -- -- going to be very hard because at the end of the day and although he raises some interesting arguments. About whether or not it might be arbitrary to punish him whereas other owners haven't been punished for things that you could arguably considered to be worst. But the reality is that by contract he gave the NBA this discretion. And that the court reviewing this will say -- lawyer Donald Sterling. You knew you were signing. The NBA has broad authority to decide what to do that you racism. I think an important point to both procedural fairness and I think his point that other owners as. You know whether it's Mark Cuban criticizing -- -- Rea or whether it's you know one on -- and he did drunk driving and other topics that didn't -- to kind of penalty. At the end of the day it's his own signature that all of them. Beyond the stuff that we know about other owners doing things how much of an ace up Donald Sterling sleeve is the threat. The the NBA that this crazy old man and starts spouting off things that he knows about other owners who've done the things is the NBA worried about that might. Yeah I'm sure they are John and and I think some owners are probably particularly sensitive to that that if you file a lawsuit and it gets passed a motion to dismiss. He'll go to pretrial discovery where helps put other owners on the stand -- depose them. You'll also deposed former commissioner David certain who I think would be crucial witness where he would want -- stern to basically acknowledged. That he didn't punish owners from mr. deeds and that would you legally relevant to sterling because it would show in his view. That the NBA acted arbitrarily. In tossing him whereas it did turn the other way. When other owners committed. You know wrongful acts. Will negotiations take place between both sides trying to avoid all of this and if those are fail is this a remarkably protracted event. Yeah I I think if they failed this will be of a remarkably protected event because they'll file lawsuit. It will be in part based on any antitrust law. He has a limited legal resources. It it could last many months if not years certainly wouldn't be resolved by next season. It is goes to court which is what the NBA wants India wants -- and it. That's not gonna happen to file a lawsuit. I think there is the possibility that they reach some kind of settlement. Especially if in fact it's true that you might be able to sell the team for. Two billion dollars or two and a half billion was one number that was talked yesterday it's hard to imagine. But the clippers are -- that I know there and NBA team in the second largest media market but two and a half billion would be a number that no one would have expected. But on the other hand he has an incentive to try to fight to keep the team because under capital gains taxes he's gonna have to pay about a 33% tax. On the difference between when he bought the team for which is twelve and a half million. In what he felt the force of the prophet of the billion dollars in the in the paying pay the government. But 330 million dollars -- for billion dollars site. -- that that the huge tax the -- that -- try to keep the team until it passes. Our final question and you let me to a beautifully with the last word you just said if they fail to negotiate a settlement and this goes to trial. And it is issue described a protracted event. And he dies in the middle of that what the hell happens that Mike. If he died in the middle of it it is -- -- take a team presumably his wife. But his wife would then have to be approved by the NBA. Has. Eight controlling owner which it won't do so under the NBA's interpretation she would take over ownership of the club. But -- wouldn't be in control of the -- the commissioner's office remaining patrolled the club that would likely lead to another lawsuit and that -- file. Michael look at Sports Illustrated legal expert as always we are smarter after we talked -- them before we do -- the time Mike has always we appreciate that. Yeah I think -- -- -- joins us on the AT&T hotline 6177797. 937. I -- that is probably what's gonna happen. He -- he's got cancer right or were totally there yet they said these guys on the next year to this thing is still on the course it's handed to her. Then they try to take it away from -- She -- as another cup isn't she -- willing to sell. She's responsible for the capital gains. And a I -- capital gains might solid line up. -- -- -- a 10000000071 million you know two billion for the team and you it's California people used to and ridiculous. Taxes and I'm sure -- property that -- with. Capital gains all the continent you know note to deal with. She wants to sell well right. She sessions says yeah I think it's -- like in cahoots ago went last week week and a half ago when I was away and he said Alia to and right back she gets the team. I think -- -- -- so it's a week and a knob between Chilean up his his back in the same big bed together bought the team for a little bit extra well. Point five million bad. Up to sell for two billion up allowing it to believe I'd won billions. One and a half billion -- billion dollars it's about time let me get a break don't seem like about all -- -- 1000000012 and a half million and that's athletic ability dollar profit. Our quick timeout 61777. I 79837. At the beginning of the 8 o'clock hour economist things opposite Christina he'll join his first. Then Michael McCann as you just heard Michael can't Sports Illustrated join us first Christina bill. Jan mark tells warmer next door neighbor who had an impassioned and emotional. Victim's impact statement yesterday in court will join us next.