Hernandez to be Acquitted and Return to the NFL

  1. You have chosen to ignore posts from wrecksryan. Show wrecksryan's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    In response to stillgridlocked's comment:

    In response to BabeParilli's comment:
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    In response to stillgridlocked's comment:

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    In response to BabeParilli's comment:

     

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    In response to stillgridlocked's comment:

     

     

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    Babe, the Federal present sense impression exception has not been adopted in Massachusetts so under Massachusetts law that statement cannot be used. Good try though.

     

    http://www.mass.gov/courts/sjc/guide-to-evidence/803.htm

    Section 803.    Hearsay Exceptions; Availability of Declarant Immaterial

    The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

    (1) Present Sense Impression. [Exception not recognized]

     

    http://sbmblog.typepad.com/sbm-blog/2013/07/aaron-hernandez-text-messages-and-the-hearsay-rule.html

     Unfortunately for prosecutors, Massachusetts is among the minority of States that has not adopted the present sense impression hearsay exception.  So the text is not coming in through that exception in a Massachusetts court, where Hernandez appears headed.  (The statement could be admitted in federal court in Massachusetts under the Federal Rules of Evidence.)

     

     

     

     



     

     

     

     

    That to which you refer is about the text messages, not about statements occurring immediatly after the event.

     


    From Mass Law notes (Section 803):

     

    "The proponent of the evidence is not required to show that the spontaneous utterance qualifies, characterizes, or explains the underlying event as long as the court is satisfied that the statement was the product of a startling event and not the result of conscious reflection. See Commonwealth v. Santiago, 437 Mass. at 624–627, 774 N.E.2d at 147–148.

    “[T]he nexus between the statement and the event that produced it is but one of many factors to consider in determining whether the declarant was, in fact, under the sway of the exciting event when she made the statement. . . .”

     

    The person making the statement was not recalling something that happened 2 weeks before. It was within minutes of the event.

     

     

     

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    I posted those to show you what you used, present sense impression, in that post is NOT a hearsay exception in Massachusetts. So first you were wrong about that Babe not that you would ever admit that.  

     

     

     

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    Of course I was wrong. I cited a federal standard. I assumed. My bad. I appreciate your clarification on my erroneous reference. I have no problem with admitting I'm wrong. I've done that a dozen times here at least. Unlike some.

     

     

    Out of curiosity I simply referenced Mass law and posted what I found which seemed pertinent in reply. I thought my error of assumption was obvious from your post and therefore didn't need to be acknowledged. Happy now?

     

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    Sorry Babe for saying you wouldn't admit you were wrong.  I was wrong saying that.

     

    This will be an interesting case because Hernandez has decent attorneys who know their way around law books. I'll wager he's paying something towards Wallace's defense too.

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    "Joint venture" doesn't apply?

     
  2. You have chosen to ignore posts from agill1970. Show agill1970's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    I can't imagine AH being back in the NFL even if he is out in 3 years.  I believe that considering the massive amount of media attention this has gotten, the negative impact the NFL has already suffered because of it, the commish would bar him from the NFL in order to send a message to current and would be players that some things won't be tolerated, and to the fans and media to try and save some face in this. 

     
  3. You have chosen to ignore posts from anonymis. Show anonymis's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    In response to BabeParilli's comment:

    In response to anonymis' comment:
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    if acquitted, I'm betting that an NFL team would be willing to sign him.

     




    After he is acquitted where it is perceived he "beat the rap" but actually murdered the guy? After 3-4 years served (out of the game) on a gun charge? I don't see any team wanting to take the heat that would bring for a "maybe" guy that hasn't played in years.

     

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    I dunno, after 2-3 years and time after a trial....people lighten their stances over time.  The NFL is about money, and if acquited, AH's camp would proclaim innocense - and "deserve" another shot at NFL.....

     
  4. You have chosen to ignore posts from BabeParilli. Show BabeParilli's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    In response to stillgridlocked's comment:

     

    Unfortunately what happened is that Wallace told Ortiz that Hernandez told him that he shot Lloyd.  That's actually called 'double hearsay'.



    Your original post simply called it hearsay. So I was curious about that. Thanks for shedding a clearer light on it.

    I'm not claiming to possess infinite legal expertise on Mass law. I'm just kicking around the discussion. No need to take an adversarial stance. I certainly haven't disparaged you in this as you have me.

     
  5. You have chosen to ignore posts from NYC. Show NYC's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    In response to wrecksryan's comment:

     

    I'll bet the farm that AH never sees the light of day again. NFL? NFW!!


    I have to agree with you...the circumstantial evidence is overwhelming...the jury will be selected  here, not anywehere else, and this clown writing for Rolling Stone got most of his information about evidence in the case from the Hernandez defense team and Borges (who also got his from the Hernandez defense team and family)...the Rolling Stone and their writers were used by the defense team to get their view of the case out to the public. Hernandez is a hated man in MA...he'll be found guilty and never get out of jail...

     

    [/QUOTE]
    OJ was hated; he got off. Casey Anthony was hated; she got off. This is not about hate or emotional sentiment.  A good legal defense team and an over zealous, over confident prosecutor with no witnesses, no gun and a shaky motive is a bad recipe for getting a conviction. 

     
  6. You have chosen to ignore posts from BabeParilli. Show BabeParilli's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    In response to stillgridlocked's comment:

     

    Sorry Babe for saying you wouldn't admit you were wrong.  I was wrong saying that.

     



    No problem. I just wanted to be clear that I'm not being adversarial with you. Sorry if I didn't make that clear right off the bat.

     
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  8. You have chosen to ignore posts from scash2013. Show scash2013's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    In response to PatsEng's comment:

     Either way I doubt any team (even the Jets) would want to take on that type of PR and headache. Even for a min deal. 3 yrs in the NFL is a lifetime


    I swear by lil 10 pound bearded baby Jesus




     

    It's a nice fantasy. But the reality is that there is no line. There no act too disgusting to drive some of these teams and their lowlife GMs away.

     

    Michael Vick got a contract after what he did.  And he's an idiot that can't even read a defense.

     

    Some team would sign him and sell a million jerseys to stupid, poor ghetto trash.

     
  9. You have chosen to ignore posts from patriotrain. Show patriotrain's posts

    Re: Hernandez to be Acquitted and Return to the NFL


    dudes a piece o s--*, i wipe me arze with the rollingstone.

     
  10. You have chosen to ignore posts from rickrand3. Show rickrand3's posts

    Re: Hernandez to be Acquitted and Return to the NFL


    We can only hope that the Jets will pick him up.

     
  11. You have chosen to ignore posts from seawolfxs. Show seawolfxs's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    if he is freed - which i doubt

    They let Vick in , they will let AH in - but it won't be R Kraft
    Pat's Fan lost in Jet Land

     
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  13. You have chosen to ignore posts from 42AND46. Show 42AND46's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    In response to seawolfxs' comment:

    if he is freed - which i doubt

    They let Vick in , they will let AH in - but it won't be R Kraft
    Pat's Fan lost in Jet Land




    training dogs to fight and /or killing them is one thing

    killing a human being in cold blood is another

     
  14. You have chosen to ignore posts from nhsteven. Show nhsteven's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    In response to tanbass's comment:

    I'll bet the farm that AH never sees the light of day again. NFL? NFW!!




    Doubtful he gets acquitted; but if so, he may end up playing in an also- ran league, such as semi-pro, Canada, arena, Europe, etc. The owner would likely be a Vince McMahon type.

     
  15. You have chosen to ignore posts from anonymis. Show anonymis's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    In response to BabeParilli's comment:

    No problem. I just wanted to be clear that I'm not being adversarial with you. Sorry if I didn't make that clear right off the bat.

     



    is this the new kinder, gentler babe?!?Laughing

     
  16. You have chosen to ignore posts from AcheNot. Show AcheNot's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    In response to Not-A-Shot's comment:

    Terrible headline.  It should say, "Solotaroff thinks..."  The way it's written, it is stated as fact.

    Poor.




    You should lead a seminar on proper thread title composition and technique, NAS

    Posting a thread with an improperly worded title should be a bannable offense

    I'm going to write dottie about it...

     
  17. You have chosen to ignore posts from BabeParilli. Show BabeParilli's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    In response to scash2013's comment:

    In response to PatsEng's comment:

    [QUOTE]

     

     Either way I doubt any team (even the Jets) would want to take on that type of PR and headache. Even for a min deal. 3 yrs in the NFL is a lifetime


    I swear by lil 10 pound bearded baby Jesus

     




     

     

    It's a nice fantasy. But the reality is that there is no line. There no act too disgusting to drive some of these teams and their lowlife GMs away.

     

    Michael Vick got a contract after what he did.  And he's an idiot that can't even read a defense.

     

    Some team would sign him and sell a million jerseys to stupid, poor ghetto trash.

    [/QUOTE]


    Even in this bassackwards world, killing dogs is a lot more forgivable than killing people (unless the people aren't born yet).

     

     
  18. You have chosen to ignore posts from BabeParilli. Show BabeParilli's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    In response to anonymis' comment:

    In response to BabeParilli's comment:

     

     

     

    No problem. I just wanted to be clear that I'm not being adversarial with you. Sorry if I didn't make that clear right off the bat.

     

     

     



    is this the new kinder, gentler babe?!? Laughing

     

     




    Same old BP. I have made a mistake or two in the past though.

     

    Actually, I've just been here so damned long now some of these jabronis I used to fight with have grown on me.

     

     

     
  19. You have chosen to ignore posts from BostonTrollSpanker. Show BostonTrollSpanker's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    "The DA has to cut a deal with Wallace to say he saw Hernandez kill Lloyd.  I doubt that will be much of a problem."

    True, I think Wallace's testimony backing up the dude that claims he stayed in the car will be important. 

    It's pretty obvious Hernandez is guilty but without the murder weapon it's not an open and shut case. 

    With good lawyers it's possible AH could walk. Though keep in mind he is under investigation for the other double murders also (though that trail may be a bit cold now). 

    I see this as somewhat similar to OJ - reasonable doubt is a high standard and good lawyers could get him off. But, AH would definitely lose a civil suit where the burden of proof is lower, just like OJ did, so he will be broke for a long time even if he walks.

    I would not be shocked to see AH back in the NFL but I don't believe the prosecution has revealed its whole case either.

         
     
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  21. You have chosen to ignore posts from scash2013. Show scash2013's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    [/QUOTE]


    Even in this bassackwards world, killing dogs is a lot more forgivable than killing people (unless the people aren't born yet).

     

     

    [/QUOTE]


     

    That's your opinion. A lot of people would disagree with you.  You can argue the value of a defenselss animal's life versus a human being's life. But what Vick did was just as psychotic and cruel, if not more so. Hernandez didn't torture any people, he just shot them dead. They are both evil, sick, degenerate pieces of trash.

     

    I hope there is a hell. And I hope they both rot there.

     
  22. You have chosen to ignore posts from NYC. Show NYC's posts

    Re: Hernandez to be Acquitted and Return to the NFL

    Right now the success of the murder case rests on Wallace. Will he talk? What will he say? Otherwise, it comes down to circumstantial evidence which IMO is nonetheless powerful; but a good legal defense could sow doubt as to who actually killed Odin Lloyd. Ortiz is not a believable witness and his account ammounts to double hearsay. If Wallace doesn't talk the DA may have to lower the charge to accessory to get a conviction or cut a deal. 

    The NFL? America loves a good redemption story. I was unsure Vick would make it back to the NFL and look what happened. Still, I can't see AH putting on a NFL uniform again no matter how much he converts to Jesus and says he has changed his whole life. 

     

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