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Prosecutors say throwing out Hernandez conviction would 'reward' suicide

BOSTON — After lawyers for Aaron Hernandez asked for his conviction to be thrown out, the state has filed a motion opposing it – partially citing his choice to commit suicide.

Attorneys for the former NFL star formally asked for his first-degree murder conviction be dismissed in Massachusetts now that he has died.

And as expected, The Bristol County District Attorney's Office has filed a motion asking the court to deny a move by Hernandez's appellate attorneys to vacate his conviction for the murder of Odin Lloyd.

They cite many reasons, including the fact "the defendant had, at best, negligible chance of success at appeal."

The motion also includes the court should not "reward the defendant's conscious, deliberate and voluntary act" of taking his own life.

Courts in the Commonwealth have "permitted abatement ab initio of a defendant's conviction when a defendant dies while his appeal is pending."

MORE: You can read the full motion to deny here

But the DA contends the state is not required to do so.

Prosecutors argue "by his death, he has completed his lawful sentence for his murder conviction."

The district attorney’s office also expresses concern about how an abatement of his conviction could affect civil cases, "a matter of significant concern in the present case."

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