News

Lawyers ask for Aaron Hernandez's murder conviction to be dismissed

BOSTON — Lawyers for former NFL star Aaron Hernandez are formally asking that his first-degree murder conviction be dismissed in Massachusetts now that he has died.

A spokesman for the Bristol district attorney's office says the motion was filed by defense attorneys on Tuesday in Superior Court. He says prosecutors will oppose the motion.

“Yes, well his lawyers will move to vacate it. Your conviction isn’t final until you finish your appeal,” legal expert Pete Elikann explained to Boston 25 last Wednesday.

Hernandez hanged himself at a maximum-security state prison that day, just a few days after he was acquitted of fatally shooting two Boston men in 2012. He was serving life without parole in the 2013 murder of Odin Lloyd, a semi-pro football player.

“It’s really not a vindication. It really is a very narrow technical point they’re making. It’s not like it goes away and, oh, he’s innocent,” said Elikann.

Courts in Massachusetts have held that when a defendant dies before having an appeal heard, the conviction is vacated. Hernandez's appeal hadn't yet been heard when he hanged himself.

However, civil lawsuits will go forward.

“The only difference now is instead of suing him, they sue the estate of Aaron Hernandez,” Elikann said. “Life insurance does not go to the estate, that would go to individuals so that can’t be touched.”

Hernandez's funeral was held Monday.