WEEI>On Demand>>Michael McCann of SI.com on the Hernandez investigation

Michael McCann of SI.com on the Hernandez investigation

Jun 24, 2013|

Our legal expert joined the show to give us the latest in the Aaron Hernandez investigation. Michael told the guys that if this case goes to trial and Hernandez is charged, he can expect legal fees over a million dollars.

Transcript - will not be 100% accurate

Joining us on the AT&T outlining AT&T forgy LT -- from Mike McCallum now UNH locked restaurant SI dot com legal expert good morning Michael how are -- -- so I don't have. -- -- why the delay in -- security and the arrest warrant don't they already know he obstructed justice by Detroit destroying his home security system and handing him his cellphone in pieces. Welcome -- a couple things one is that they're still doing the investigation and that they don't yet wanna act on him until they have all the information that they believe is necessary. To support. Executing at an arrest warrant on him they wanna have everything lined up. Because they know that once they arrest him. He defense we'll take a much more active presence that has taken so far the defense has been very silent because there is no defense yet. He hasn't been charged with anything I think they wanna be sure that everything is lined up because they know. That he has that the financial where have all the symbol. Really at the top legal team and I I hate expect the legal community has will grow. Quite a bit after this it's assuming he has arrested the other reason is that there may be some negotiation. Where they're telling him in -- We won't act will wait and think about it do you -- stocks are cooperating. Start implicating others giving us more information. And you'll be treated better maybe that means you won't be charged at all for the time being maybe means you'll be charged with -- a lesser offense. Some type of incentive for him to cooperate -- cooperation could mean for him taking a chance that he won't be charged with a more serious offense later. Does his notoriety plays a role in any of this all of this if this were bill got a lived in the house -- was an accountant would he be arrested by now. It's hard to know I that we we need to see all the physical evidence that they've assembled so far what they're still looking for they may still be looking for information that that. Relates to. Perhaps more central people and that we don't know what his role was. If he was only a facilitator of the crime there's still probably focused on the actual shooter and they wanna build the strongest case against him. Winning when a DA makes a deal Mike does usually do it. After charges have been levied before somewhere between when that what is normal protocol. Well both can happen but often it happens after charges -- -- it -- they have an incentive and the person's really threatened right they're worried they've been charged with a crime. And the incentive is you wanna have their crime lowered U wanna not spend X number of years in prison and start talking. So right now we we don't know right now they're probably not in negotiations. May be they are what do you think. And there are. Think Jerry is that they are my instinct is that. They're telling him you recharge it initially perhaps with a misdemeanor really expected to go to -- felony unless you start talking. Then you're looking at a misdemeanor if you if it's a misdemeanor. -- -- You served very limited amount of time in jail could be appear to be a number of days rather than even months. And then you go -- with your life and that's a pretty attractive thing for a young football player. Who still has hit a great NFL career had a down but he wanna kick it takes can't weekend that the prison for years. I think that's a pretty. If you had to guess do you think the DA -- the investigators to the state police. Know what happened and know how old and Lloyd died who shot them do you think they know that now. I believe they don't. So why I guess my other question Michael B why there been no arrests all forget Hernandez I understand the -- all the stuff the lawyers he has would look the other guys in the car. -- I think there's still a looking at physical evidence based I still think they -- have everything lined up to the problems once they arrest is the person and then the person's arraigned. And they're gonna have to start sharing information with defense attorneys and I think. -- concern is that you know they're controlling the narrative right now leaks are coming from law enforcement they're generally not coming from the other side. And they know that once there's someone has arrested we're gonna hear a whole bunch of other things. We're gonna hear that the quality of evidence is not strong we're gonna hear that all may -- wasn't it destruction of the surveillance equipment. Maybe wasn't destruction of a cell phone won't cure these count of factors that may or may not be true. But will change the narrative and all raised point that we haven't yet heard that not just say. These individuals and there's something wrong I was shot after all to -- and certainly did something wrong. But that but I think right now they wanna have everything right if they don't want to share information. That is imperfectly. But configured. Because if they if you if they were received evidence in a way that. Raises many questions that the the couple outside. Mike what specifically does the presence of the canine units in the three and a half hour search say to you. I say it to meet it is they're clearly looking for some type of substance some type of effect that would link the victim to the house. And you know it's also -- you know processor itself sort of threatening right to have -- figure out that kind of reinforces the point. That this is real that this is serious and that you should start cooperating. I know I don't have anything that I know no contraband in my house. It was still scare the hell -- me talk to do it right on man until it finds some them previous owner left here are some dog's going to be house in the cops put stuff in bags that's very intimidating. Are extremely intimidating can he did say it it really. I think. The law enforcement wants to sort of convert what created the product thinking this is all gonna go away. That I have a great legal team might hire top lawyers you show up with dog that is house there's nothing your lawyer can do to stop that. Right hey Mike I I don't know all the laws in Florida but. Isn't shooting someone in the face against the -- down there. -- -- -- -- -- is that Alexander Bradley the person who Hernandez allegedly shot. Didn't implicate and it Hernandez in the police report. And that's gonna make it difficult now to -- that's because. Hernandez is gonna say you there live as the royals say if you charge me that's reasonable doubt that person who I allegedly shot. If you could argue lied to the police the night he was shot that he didn't give up his name and the -- you -- the key witness against me in a criminal case. I think part of the problem is that the alleged victim didn't. Really wrap on Hernandez that the time and that amounted to make it difficult to get beyond a reasonable doubt that her -- -- -- yeah. Alexander Bradley can turn around and sue him for shooting him in the face. Even though we told cops he didn't know who shot him in the face. Bit different burden right can the criminal conviction beyond a reasonable doubt. Civil liability more likely than not burden visited the burden of persuasion as much lower. And I also think that both the velocity is motivated by getting -- the settlement I imagine Aaron Hernandez never want to go to trial in Florida over that this is the last thing that he wants to do. And yet speculation on my part but I imagine whatever amount of money Bradley is seeking her sentences are much more inclined to pay now than a week ago. Speaking of money and I know there's probably no way of telling what the answered this question would be but what would the price tag on his defense deeper Aaron Hernandez of this thing goes to trial and the higher Shelby's high powered attorneys what are we talking about here. I think I think seven figures I think about what this is gonna -- let's say he's charged and let's say it's a felony. And let's say there's a trial that we're in this is that there would be a major defense. Over the quality of evidence that was detained. Over whether or not there's actually any DNA that matches Fernandez to the crime scene. Yeah he had his car but so what you can argue and also be destroying. Property right we have directors destroyer on property can the ten the prosecutors show intent they're all these things that are gonna come up and and I imagine he would spend a lot of money he's already hired. Arguably the most elite law firm in Boston and ropes and gray. And as someone who clearly prepared to spend money I would think that it is -- that your life is on the line to spend everything you've gotten. -- speculating but I mean what is your idea with the timeline might be you to be arrested today tomorrow in the what is the next say week look like. I think Turkey is not arrested the next few days ago it would signal that. There's probably some type of serious negotiation going on. That he is cooperating. Or at least you're beginning to cooperate. If he is if if we're talking about a week or two NATO. You never know all right because they may charge that the more essential figures -- and then charged the accessories if he's not a central figure I think. You know that that remains to be seen. But we don't you know my instinct is that if he's gonna be charged it would happen within the next few days. He's Michael -- and you NH law professor SI dot com legal expert always a pleasure Michael thanks for the information. -- German Michael McCann with Dennis and Callahan on the AT&T AT&T four GL TE.

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