Aaron Hernandez Could Burn NFL Again With Insane Legal Loophole
By Erik Lambert
The NFL and the New England Patriots organization are no doubt desperate to finally get some closure on the subject of Aaron Hernandez.
It seemed like his unexpected suicide in prison, tragic though it may be, might do just that. Seems the former tight end-turned-murderer found a way to sting them even from beyond the grave. Hernandez may have in fact had deeper plans than just taking a quick exit when these events took place. It involved knowledge of state law and the status of his contract with the Patriots. Turns out there may have been a series of loopholes in both that he might’ve exploited. How?
The Boston Globe reported an old stipulation that will vacate his conviction involving the double-murder case of Odin Lloyd because the process wasn’t completed. Suffice to say it opens up on just how archaic and even ancient Massachusetts law is in some ways.
"“In the eyes of the state of Massachusetts, the death of former New England Patriots star Aaron Hernandez could make him an innocent man, thanks to an archaic legal principle called “abatement ab initio,” said Martin W. Healy, chief legal counsel to the Massachusetts Bar Association.Though Hernandez was convicted in 2015 of murdering Odin L. Lloyd of Boston, Hernandez’s appeal was not complete. Abatement ab initio means “from the beginning,” Healy said, and it means that upon a person’s death, if they have not exhausted their legal appeals, their case reverts to its status at the beginning — it’s as if the trial and conviction never happened.“Unfortunately, in the Odin Lloyd matter, for the family, there won’t be any real closure,” said Healy. “Aaron Hernandez will go to his death an innocent man.”"
Follow the money
Where it gets even weirder is from the perspective of the NFL, and more specifically the New England Patriots. This legal loophole causes the conviction to get thrown out. It also might force the organization to make good on a guarantee in Hernandez’s contract to the tune of $5.75 million that would be paid to his family. USA Today laid out the details as follows.
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"And that’s the question that’s starting to be raised with respect to the bonus provisions in his contract and his NFL pension,” lawyer Michael Coyne told CSNNE’s “Toucher and Rich” Wednesday. “If these convictions are ultimately vacated — both his conviction with Odin Lloyd and his conviction on the gun charge — because of his failure to appeal, will his estate, will his child and his wife be able to recover either some of the bonus that’s still due to him under the Patriots contract or any of his pension benefits that the NFL might owe him?”In June 2013, the Patriots withheld $3.25 million of Hernandez’s signing bonus. They also refused to pay him his $2.5 million in his guaranteed base salary. New England cited the collective bargaining agreement as their reason for withholding that guaranteed money. That’s the money Hernandez’s lawyers will likely pursue.Coyne added: “The question is then: If he’s no longer criminally liable, has he violated the provisions of any of his contractual terms? And you know, where there’s money like this involved, the lawyers will have a field day.”"
The mud fight isn’t over
If this ends up being the case, then it starts to look like Hernandez decided to exploit the justice system one last time in order to do right by his family. That would offer a far more logical, if gruesome explanation for why he chose to end his life now. A quick exit could set his wife and daughter up for life with that kind of cash. However, even if they do end up with the money it won’t be so easy.
The legal counsel representing the family of Odin Lloyd is well aware of developments. They are awaiting further details and decision. It seems they plan to bring a civil suit against Hernandez if the Patriots are indeed forced to pay up. That would mean they intend to bite into that money apple considerably, getting some measure of justice for their dead son.
Not really surprising. Cases like this that involve high emotions and lots of money can turn ugly fast. It’s doubtful complete resolutions will be found anytime soon.