WEEI>On Demand>>SI's Michael McCann breaks down the Aaron Hernandez situation

SI's Michael McCann breaks down the Aaron Hernandez situation

Jun 19, 2013|

Legal expert Michael McCann joined D&C to take on the topic of the day: Just what exactly is happening with Aaron Hernandez? McCann addressed Hernandez' lack of cooperation in the investigation so far, and how that may play out as the case moves along.

Transcript - will not be 100% accurate

Welcome back my breath to be travelers championship at TPC river highlands in Cromwell Connecticut Dennis Kelly broadcasting live Berkman and along side as well. It's -- virtual cornucopia. If you will of sports related subjects that we are dealing with that April it was game four at the garden tonight. Obviously big story -- and Danny getting together to try to work out their differences that date yet BA provided an instant classic game number six -- the -- Choked away choked away a championship. Red Sox general took -- from the -- yesterday. Aaron Hernandez's the most curious story of them all help sort this sort this out. Is -- every time we talked to them when we're done we stream or think -- little smarter our. Our friend Mike McDaniel and -- law professor and Sports Illustrated dot com legal expert good morning Michael -- aria. -- -- -- very -- could -- over here what we're talking about and and what I want to get into eventually is the lack of cooperation -- that hurt -- -- has no effect on -- investigation and Aaron Hernandez going for. Yes so we don't know if no cooperation are being uncooperative means that he's refusing questions are all questions are some of the questions that could be. That his lawyer has told him look why don't you just. Not respond to questions until we know more about what happened in this incident until you know more from everyone connected in your group. I think part of it could be his lawyers it emanating more from his lawyers and from Hernandez being. Sort of uncooperative and the police has said that it's unclear. Really what that means but I think it is clear that there is some connection at least based on what the police. Have reported between Hernandez in this in this homicide. But it could be a connection at the very week he could be. He knows someone who's connected to it and he's innocent and all of that it could be something more direct I think. I think the hope is that it's something very indirect and that his role is someone who. It is not going to be charged with any crimes. But I but I think it's very early in the process. What what what is obstruction -- What is obstruction of justice in this case or in any case Mike you mentioned that not. Answering questions could be evidence of guilt in in in some case law. If he just told the cops I don't you talk about which could be -- life. Is that obstruction. It's not obstruction if he genuinely believe is that. Or if he connects to a to a question that he doesn't have to answer if in fact he is withholding information. And he knows something that could be helpful to the police or it's something that. Yeah he's concealing information that the police could have access to if he's able to cooperate it really depends on the context of the question. That in terms of his silence it's important the United States Supreme Court earlier this week said that unless you express police state. You're right it's did not answer questions you're silence can be used against you then during an investigation I'm sure his lawyer has told them that. And I and I think it's sort of the new tricky area a lot of words you don't cooperate with the police. Here's silence can be seen as something adverse to your legal rights. And if in fact you try to impede the investigation by not telling the police were certain information is or hiding it that could be obstruction. This -- -- tweet about them Miranda warnings to see is that is that. Is stages situation Hernandez as well. Not yet curry -- I open at this point and you know we don't know all the facts but if he's he's just answering questions from the police. In general inquiry. I I think he's not going to be charged and I think some random warnings are not yet relevant. But the fact that this they're searching a power play I think that's a sign that. He may want to there have been I understand why he's being. Quote unquote uncooperative I think he's probably concerned that he's gonna be connected to something that he probably believes he's. It doesn't deserve to be connected to and he's worried his lawyer has probably told him the best thing to do right now is to take the public relations had to seem uncooperative. But at the end of the day your best start doing that until you know all the facts. Oh what does it mean to you win two of his associates had taken away from the house. In police cars. 24 I assume for questioning in separate cars not handcuffed what does that mean. -- it could mean that. They were -- critics who -- something as innocent as. -- you guys are willing to talk about that give us for more information about your role would rather not do it here. In front of all the media there all of these -- -- what do we do and separate location it could be -- something is -- that. Well it could be you really should come and speak with us because we have some serious questions. And we don't want to arrest you and if you come cooperatively loan handcuff you with all of the media they're taking photographs see it's probably. -- damaging image for you if you come away with us cooperatively so. Does that mean they don't have lawyers -- they don't have lawyers because the. That they have lawyers at this point because I think anyone connected to that house. Now could be charged with a crime depending upon what the police -- -- -- it and they should really all of its separate lawyers because of it turns out that. They all had some type of role the police to be working one against the other to get information. Mike in just those observer from the outside weigh on the outside looking in the fact that when the police discovered those two extra guys in -- house. And they tried to leave doesn't paint -- handles most positive light which you agree. I preach on the fact that they weren't able to leave voluntarily. I think at least signaled that they know something merely the police believe they know something I assume that they wanted to relieve credit they had it sure they would -- left and got home. The fact that they left with the police is not something that they wanted and I think he -- just been the police saying look come without it now. So he uses no image of us -- you later I think it could have been a conversation like that. I know this is going to require you to do it to speculate wildly here but a sense in terms of the timeline going forward Mike is -- going to be 888 protracted -- where we get drips and -- over the course of weeks and months or they're gonna be some big breaks -- relatively quickly -- up. Who the victim is and what the relationship the victim was Aaron Hernandez is just a short time period or long. It's hard to know but I think a pleaser. Clearly investing a lot of resources in this case. It is integrated -- if they're they're spending a good deal of time looking into this I don't think it's going to be that long. And I think we may have that an answer as to Aaron Hernandez. In the not too distant future and I think it could be that his role is actually very minimal. But at the same time being connected or knowing people who do something wrong. Is gonna reflect poorly on him but you know hopefully it turns out that his. Role in all of this -- was very minimal and that it worse Davies protecting -- friends or others. Which isn't a good thing necessarily but it's a it's a heck of a lot better than -- An -- of the celebrity and aspect of this case. -- motivate the police to do one thing vs another this -- content -- plumber and not Aaron Hernandez with this go any differently other than the news of course. I'd like to think no why I think the fact that it's a murderous gonna generate a lot of potential for the police it's a major crime and it's a crime. That it is you know is worthy of investigation having any murderer would attract a great deal of attention. I think part of the reason why there's such a police presence is because they know what the celebrity. And they know that the media is going to be there right and bright that they did the part of it is protecting the scene as opposed to just investigating the case. Judo legally when they have to identify the victim I mean they know is that -- is. When will we know. It's their discretion I assume all know what you know we're within a week. -- -- victim is it also involves learning family members. And preparing for -- for the fact that. To disperse the same is not going to be connected with news source. Do you know if they'd come out of the house there in their the cubs are inside the house they come out with a blocks them. We assume evidence does that mean he allowed them to search his house they all -- to not a war or did they have enough time to get award. David what about enough time to get award it's very easy get a warm politics is probable cause. That there's some evidence they're connected to a crime. It I assume that they got a war and I also assume given that he's quote been uncooperative. That he wouldn't of given a voluntary. Permitted a voluntary search of his house especially is if he called lawyer as an employer would have said don't do that. -- So I imagine that a search warrant positions. What are they thinking obstructed the allied to them. When would that be charged that that does not and that could be weeks that on the road where you -- actually -- -- that crime correct. That's right -- that would really come down to is -- being a team player in the investigation. Is he being cooperative it is they're big they're probably telling him look you better be clear what does she better be Autodesk. And you better be cooperative because if you're not. We could argue with obstruction now that's more of a threat there's nothing that could actually happen employer may be telling him. Don't worry about that you don't have to answer these questions unanswered questions is necessarily instructions. But if he is charged with with something like that it would be later. Ice Mike McCann UN -- law professor and SI dot com legal expert always a pleasure talking to Mike we appreciate that information has always. Doctor I -- Mike again with the Santelli on the AT&T hotline AT&T -- LTE.

Audio On Demand

It Is What It Is Cast: Lo…

It Is What It Is Cast: Logan Mankins, the offensive line, and Brandon Spikes' guarantee

WEEI.com's Mike Petraglia and Christopher Price discuss Logan Mankins' breakdown of the offensive line and how it will look without Dante Scarnecchia. They also discussed Mankins' rebuttal to Brandon Spikes.

It Is What It Is Cast: Bill Parcells and Patriots Hall of Fame

WEEI.com's Mike Petraglia and Chris Price discuss Bill Parcells' Patriots Hall of Fame candidacy.

CSNNE's Tom E. Curran Reports From NFL Owners Meetings

Tom Curran calls the show to discuss the Vince Wilfork contract situation. After texting with Vince this morning, Curran says that Vince's camp is possibly trying to put the "genie back in the lamp" and that the possibility of the Pro Bowl DT returning to the team has improved.

Celtics President Danny A…

Celtics President Danny Ainge with Dale and Holley 4-17-14

We wrap up the Celtics season by speaking with Celtics president Danny Ainge about this past season and the team's future.

Wyc Grousbeck, Celtics Owner: Reflects on the Boston Marathon tragedy 4-15-4

Celtics owner Wyc Grousbeck joins Mut and Merloni to discuss and reflect on the Boston Marathon Bombings a year later.

Jackie MacMullan, ESPN Boston, on the Celtics, 4-10-14

Jackie MacMullan talks some Celtics with Mut and Merloni as the season is winding down and the team is positioned to have a high draft pick.

Tim Wakefield on the Red …

Tim Wakefield on the Red Sox tough start 4-23-14

Tim Wakefield discussed the Sox tough start to the season. He is optimistic that the guys can turn it around.

Shabazz Napier joins Joe and Dave as the UConn Huskies are honored at Fenway Park

UConn Point Guard, Shabazz Napier joined the guys for a half inning and talked about his experiences in college, his reasoning behind completing his education, and growing up in Boston.

Jonny Gomes with Joe Castiglione & Rob Bradford after the crazy win at Fenway

Joe & Rob talked to Jonny Gomes after the dramatic run-off win at Fenway over the Orioles.

Pierre McGuire, NBC Sport…

Pierre McGuire, NBC Sports, Bruins- Red Wings 4-22-14

Pierre McGuire of NBC Sports joins the program to talk about Game 3 between the Bruins and the Red Wings. He also discusses the issue of targeting player and weighs in on Matt Cooke's vicious knee hit to Tyson Barrie.

Dale and Holley with Patrice Bergeron live from Detroit

Dale and Michael speak with Patrice Bergeron on the phone from Detroit on Marathon Monday fresh off a Bruins optional skate. Patrice talks about the B's slow start in game one, putting it all together for the team in game two, how the rest of this series might play out, and what this anniversary of the Boston Marathon means to him.

Bruins' Enforcer Shawn Thornton Talk with D&C After Game 2 4-21-14

Thornton joins Dino and Gerry to recap Games 1 and 2, discuss Brendan Smith challenging Chara, and preview Game 3 in Detroit.

Tim Wakefield on the Red …

Tim Wakefield on the Red Sox tough start

Tim Wakefield discussed the Sox tough start to the season. He is optimistic that the guys can turn it around.

Headlines, Headlines, Headlines: Colbert introduced on Letterman

The top stories of the day as recounted by Kirk Minihane. The guys talked about Colbert joining Dave Letterman last night.

Brad Marchand is a flopper 4-23-14

The guys opened the show by discussing Brad Marchand's flop and the Bruins win last night.

Pierre McGuire, NBC Sport…

Pierre McGuire, NBC Sports, Bruins- Red Wings 4-22-14

Pierre McGuire of NBC Sports joins the program to talk about Game 3 between the Bruins and the Red Wings. He also discusses the issue of targeting player and weighs in on Matt Cooke's vicious knee hit to Tyson Barrie.

Daily Diamond: Pittsburgh and Milwaukee clear benches in big brawl, April 22, 2014

Mut and Merloni discuss the latest brawl between the Milwaukee Brewers and the Pittsburgh Pirates

Pierre McGuire, NBC Sports, Previews Bruins-Red Wings 4-18-14

Pierre McGuire of NBC Sports joins the program to talk about the creativity of Red Wings coach Mike Babcock as well as the potential for physical play in the series.

Does anyone really miss J…

Does anyone really miss Jacoby Ellsbury in a Red Sox uniform 4-22-14

We discuss the return of Jacoby Ellsbury to Fenway Park, including why he left Boston, and what the crowd reaction will be for him.

DJ Bean live from Detroit previews Round One Games 3 and 4. 4-22-14

We check in with Mr. Bean live from the D to preview two games of Bruins-Wings action.

What's wrong with the 2014 version of Clay Buchholz? 4-22-14

We discuss the harsh start by Clay Buchholz, and how the turnaround from last season's start has been disturbing to watch if you're a Sox fan/

Rick Middleton joins Plan…

Rick Middleton joins Planet Mikey

Nifty jumps on the Planet for an hour.

Red Sox lose to the Orioles 2-1 on Opening Day

Lou Merloni did play-by-play with Joe Castiglione today and then joined The Planet Mikey Show to talk about what went wrong, and a few things that went right as the Red Sox started their campaign to defend their World Series title.

Chris Price joins John Ryder to talk the Patriots' newest acquisition

WEEI.com's Chris Price joins John Ryder and Chris Villani on Planet Mikey to discuss the signing of Revis Island

Fantasy Football Off-Seas…

Fantasy Football Off-Season Podcast 4

The 4th addition of WEEI’s Fantasy Football Offseason Podcast is loaded and ready. In this week’s conversation Jim Hackett and Pete Davidson of Rotobahn.com dig into the sinking draft stock of Teddy Bridgewater (much too their chagrin), while refocusing and emphasizing the immense scouting work done by Pete on players like Bridgewater, Zach Mettenberger, Blake Bortles, Bishop Sankey & Lache Seastrunk. Also, Jim & Pete touch on news from around the league regarding new Jet, Chris Johnson, Montee Ball in Denver and help you tune out all of the negative noise some in the media are trying to push. We’re not buying! Lots of Football love in this podcast for the Football lover. Enjoy!

Pod Man Rush: DJ Bean and Greg Wyshynski on Bruins-Red Wings

Greg Wyshynski of Yahoo! Sports joins DJ to break down the first-round matchup between the Bruins and Red Wings. Also discussed is Zdeno Chara's Norris candidacy, transparency with voting for the NHL awards and whether the Canadiens will get out of the first round.

Minor Details Ep. 79: The meaning of winning in the minors with Carlos Febles, Evan Lepler

The Red Sox' High-A minor league team in Salem recently had a 16-game winning streak that spanned two seasons. So what? From the standpoint of making prospects better and fostering player development, does that matter? Salem manager Carlos Febles (who managed Salem for the end of their winning streak, but who was also in charge of a 50-87 Single-A Greenville team in 2013) and Salem radio play-by-play man Evan Lepler discuss -- while also touching on a number of prospects in search of the next Earl Weaver and Vinegar Bend Mizell.

Chris Forsberg, ESPN Bost…

Chris Forsberg, ESPN Boston, joins Chris Villani on Easter to talk Celtics

With the season over, Chris Forsberg says the Celtics accomplished what they intended to this year. He also gets into what Rajon Rondo may be thinking heading into his last year in his contract. Danny Ainge has a plan and it'll be interesting to see how this off-season develops.

More from this show

Boston Marathon director …

Boston Marathon director Dave McGillivray 4-22-14

Dave called in to discuss the epic Boston Marathon.

More from this show

Headlines, Headlines, Hea…

Headlines, Headlines, Headlines: David Gregory is tanking 4-22-14

The top stories of the day as recounted by Kirk Minihane. Today the guys discussed David Gregory's tanking Meet The Press ratings.

More from this show

Reflections on Marathon M…

Reflections on Marathon Monday and recapping the race with WEEI's Kirk Minihane

Dale and Michael talk about what Marathon Monday means for them, the tremendous amount of people and positivity today in the Back Bay, and then Kirk Minihane, fresh off 26.2 miles stops by to recap a great experience in today's marathon.

More from this show

A great Marathon Monday 4…

A great Marathon Monday 4-22-14

The guys opened the show by discussing yesterday's Boston Marathon and Kirk's run.

More from this show

Weei Writers