Appeals judge refuses to modify Hernandez gag order

AP

The lawyers handling the Aaron Hernandez slowly-churning prosecution will continue to be prevented from talking about the case.

In February, the judge presiding over the trial issued a so-called “gag order” aimed at slamming the door on leaks to the media from “law enforcement sources” that could tend to make people think that the available evidence against Hernandez in connection with the murder of Odin Lloyd along with the complete lack of an alternate explanation means that Hernandez did it.

On Monday, an appeals-court judge declined to modify the gag order.  Prosecutors weren’t happy with the outcome.

“The district attorney is surprised and disappointed,’’ spokesman Gregg Miliote told the Boston Globe. “But he won’t be able to comment until he has read through the entire decision.’’

While none of it should matter if there’s no intention to engage in tomfoolery, shenanigans, or another fancy multi-syllabic word that refers to mischief, the prosecutor surely is concerned about being accused incorrectly of violating the order, especially since the prosecutor previously asked the judge presiding over the case to step aside due to concerns of general bias against the prosecutor’s office.

Still, nearly 10 months after the murder, the fact that the process remains trapped in procedural nuance should be surprising disappointing for everyone involved.  Hernandez remains in jail without bail.  He deserves to stand trial sooner rather than later.

Then again, the delay gives his lawyers a full and fair chance to come up with a way to conjure reasonable doubt.  The American protection against innocent people wrongfully being jailed (a concept which has been flawless in execution over the last 200-plus years) gives defendants who can afford it the opportunity to hire lawyers sufficiently smart, charming, and resourceful to mesmerize a jury into rejecting a mountain of evidence that should erase all doubt, reasonable and unreasonable.

But that never happensAnywhereFor anyoneIn any setting.

12 responses to “Appeals judge refuses to modify Hernandez gag order

  1. Smart, charming, resourceful lawyers have bastardized what was truly meant by reasonable doubt. Now, we’re led to believe that we have to be 100% sure, which was never the intention.

  2. 10 months so far, and from what I can tell there’s been no new revelations in at least 4-6 months. How long can they hold him before his lawyers have the opportunity to ask to have the case tossed and/or to proceed immediately based on lack of progress/new evidence?

  3. I understand and accept the right of the accused to stay silent. What I don’t understand is why the jury isn’t allowed to view a defendants silence in the face of a murder trial as damning.

  4. They don’t need much time to conjure up a defense. They probably partnered with some university to have all the students use a strikingly similar hypothetical case study to show how they would go about conjuring up a defense given the scenario where you have multiple poison pill witnesses that can all be leveraged against each other to create confusion and conspiracy theories. For good measure some people probably play the roles of jurors and state how they can possibly connect all the moving dots so that everybody else knows what flavor of dressing needs to be added to sour the milk enough that nobody can handle a whiff of it.

    “If this court presentation may stink, you must rethink.”

  5. I don’t understand why the prosecution feels the need to waste time and money attempting to lift gag orders. Criminal cases shouldn’t be tried in the press in the first place. I’d like to think that the DAs office is hard at work nailing down convictions rather than gossiping with their friends in the press.

    Focus on prosecuting Hernandez and friends, do a good job and he will be convicted and sent away for a long, long time. Then you can parlay your newfound fame into a lame law-reality show on Court TV

  6. Is there no such thing as,a speedy trial….im starting to think he didnt do it but he was definitly there…but speedy trial to,my knowledge means present every and all evidence against him right now or,let him go

  7. A good defense lawyer will recommend their client waive the right to a speedy trial, so they can spend more time picking apart the state’s case.

  8. “I understand and accept the right of the accused to stay silent. What I don’t understand is why the jury isn’t allowed to view a defendants silence in the face of a murder trial as damning.”

    answer: what you say is more damning than what you do not say. it is that simple. You cannot improve your position by talking under any charge period.

  9. “Is there no such thing as,a speedy trial….im starting to think he didnt do it but he was definitly there…but speedy trial to,my knowledge means present every and all evidence against him right now or,let him go”

    In Massachusetts, right to a speedy trial means the Commonwealth has one (1) year to bring the defendant to trial. However, there are various events that could occur that would stop the clock from running. For example, any time Hernandez’s attorneys ask for a continuance, the clock stops running for the length of the continuance.

  10. Who would think that in Massachusetts, the prosecution would be leaking evidence to create the impression that the accused is guilty before a jury can be selected and the defendant stands trial? I’m not advocating Hernandez get off the hook, but the establishment in MA has always had elements of corruption and it has grown too big and powerful (like most of government anywhere in the US) to be challenged by any individual.

Leave a Reply