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You are here: Home / Examining the effects of a potential abatement in the aftermath of Aaron Hernandez’s death

Examining the effects of a potential abatement in the aftermath of Aaron Hernandez’s death

The life and death of Aaron Hernandez has taken many unexpected turns, and his suicide is near the top of the list. On Apr. 19, just five days after being acquitted of two murders in Boston, Hernandez hung himself in his jail cell at the Souza-Baranowski Correctional Center in Shirley, Mass. The suicide is poised to make it more difficult for the families of Hernandez’s victims and alleged victims to recover in civil lawsuits against Hernandez’s estate.Like many other states, as well as federal courts, Massachusetts recognizes abatement ab initio, which is often called abatement. This doctrine dictates that when a convicted defendant dies before their appeals have been heard, charges for which the defendant has been convicted are vacated. In fact, since “ab initio” means “from the beginning,” the defendant’s status is technically restored to a time before the defendant was even charged, let alone tried and convicted.The day after Hernandez’s suicide, Hernandez’s attorneys filed a motion in a Massachusetts Superior Court asking for abatement of all of Hernandez’s convictions. In response, District Attorney Thomas Quinn, III of Bristol County (Mass)—where Hernandez was convicted of murdering Odin Lloyd—along with Lloyd prosecutor William McCauley and two other prosecutors have filed… Read full this story

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