Hernandez death means murder conviction will likely be dismissed

22News spoke with the Springfield attorney handling his appeal

Former New England Patriots tight end Aaron Hernandez looks back during his double murder trial in Suffolk Superior Court in Boston, Wednesday, April 5, 2017. Hernandez is standing trial for the July 2012 killings of Daniel de Abreu and Safiro Furtado, who he encountered in a Boston nightclub. The former NFL player is already serving a life sentence in the 2013 killing of semi-professional football player Odin Lloyd. (Nancy Lane/The Boston Herald via AP, Pool)

BOSTON (AP/WWLP) — In death, Aaron Hernandez may not be a guilty man in the eyes of the law. Under a long-standing Massachusetts legal principle, courts customarily vacate the convictions of defendants who die before their appeals are heard.

Hernandez, a former NFL star, was convicted and sentenced to life in prison for the 2013 murder of Odin Lloyd, a semi-professional football player who was dating the sister of Hernandez’s finance.

Massachusetts prison officials said Hernandez was found hanging in his prison cell early Wednesday. His death came less than a week after his acquittal on murder charges in the shooting deaths of two men in Boston in 2012.

Hernandez’s attorneys can move to have the conviction in the Lloyd case erased, said Martin Healy, chief legal counsel for the Massachusetts Bar Association. “For all intent and practical purposes, Aaron Hernandez will die an innocent man, but the court of public opinion may think differently,” said Healy.

Continuing Coverage: Aaron Hernandez News

The legal principle is called “abatement ab initio,” or “from the beginning.” It holds that is unfair to the defendant or to his or her survivors if a conviction is allowed to stand before they had a chance to clear their names on appeal, in case some kind or error or other injustice was determined to have occurred at trial, Healy said. “It’s a surprising result for the public to understand,” he added.

Springfield Attorney John Thompson told 22News, “Shocked and dismayed. There ought to be a thorough independent investigation into the circumstances of his death and that ought to be done by officials who are neutral.”

Attorney Thompson, who is one of the lawyers handling Hernandez appeal, said legally speaking, Hernandez death means his murder conviction will likely be void for Lloyd’s death. “Normally the judgement from the trial court is vacated and the indictment is dismissed. So the entire case comes to an end.”

He said despite what happens “normally”, he wants to continue the case; “We had a very different expectation, and we’re looking forward to working hard on his appeal and winning a new trial for him.”

Attorney Thompson said it’s up to a judge to decide how and when the case will end. 22News will continue to cover the appeal.


Removing a conviction after the death of a high-profile defendant is not without precedent in recent state history.

The child molestation conviction of former Roman Catholic priest John Geoghan, a key figure in the clergy sex abuse scandal that rocked the Boston archdiocese, was vacated after he was beaten to death in 2003 in his cell at the same Massachusetts maximum-security prison.

John Salvi, who was convicted of killing two abortion clinic workers and wounding five other people during a shooting rampage in Brookline in 1994, also had his convictions tossed after he killed himself in prison.

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