WEEI>On Demand>>Harry Manion on the Hernandez case

Harry Manion on the Hernandez case

Jun 27, 2013|

Our legal expert Harry Manion joined the show to discuss the charges against Aaron Hernandez. He said the prosecution delivered an unprecedented performance against Hernandez at the arraignment.

Transcript - will not be 100% accurate

There's no guessed we would rather have a day like this and our good friend legal expert attorney Harry -- in joins us on the AT&T -- like AT&T -- LT eat well at least we have something to pay attention to for the next year or so Mary. It's there's not a happy days got in here you go look and you do. -- -- by coincidence there used to be in the land caring yet nevertheless it was he was their legal counsel Patrick. And it what is what do you suspect the defense strategy. Is going to be overall and is the missing gone about their only -- hold at this point Mary. Here's -- -- -- -- Jerry because I've been given it a lot of thought as to what giving the -- -- overwhelming. Presentation. Of evidence yesterday at your early days. It's only getting word here -- the go. 22 to attack the victim. To find out if there's any truth to the unsubstantiated report that he was some use it who. The and it is he got the sister. Whether there was a real motive here or that bit that he at least for the injured and sympathy not -- I talk to somebody in a nightclub. But but -- propriety if there was but the pieces of the animosity let me whether he had any kind of -- mr. -- was guilty or or could be implicated in kind of the very very bad behavior we don't know that it is unsubstantiated report but it doesn't need you can develop that. I Hernandez's best move here is that they look. I called the guy who can edit it I told them yet here it is. He was getting out of control he was doing some bad stop he was connected to me. Bring your guidance. Come on out we're just gonna take him out -- -- pick him up my game in the car we're gonna area like this area. And he's got that guy that he you know he's been and -- -- island area. The day we drove it now -- broken bow to the industrial part. I columnist Gary and the two guys got carried away nation item or there was an altercation or Lloyd you're jumping in the car. But look at it -- shot him. I don't know that I didn't let that thing happened it got -- the control I didn't it was terrible I then had to cover it up. And I didn't feel that I let the shooter and it was a product of their own and they had to they had no way to go no place to go as they are the murderers. And they blame me they got the cop or write it. That -- possible. But you know what did that do Jerry and -- well -- -- out of I was the shooter murder wine and he you know deliberate premeditation now support dot. I think you a felony murder to second pronto murder one another area under murder one. It is it does it get out we were in a joint venture the joint enterprise. To get that guy and maybe you physical violence to him. And and then we shot somebody shot him -- -- so well one of the group shot him. -- that does that eliminate a joint venture out felony murder which is murder one the same as the premeditation. I don't think so but it let it pay more palatable Kate. Other than that I don't think -- -- outgunned John it is that big -- deal. Is that it hit an -- defense lawyers and what that huge deal but I don't think so. He immediately remembered as one music that would get rid of weapons -- -- in of course there are you area. You're you're you're not happy you're you're going to be you know there's going to be reasonable doubt I don't think so not -- our Kate thing when Casey has found that argument it. Underneath your seat and that -- matches the casings found at the murder scene I don't think -- -- you need to god that would make it easier or but you know Jerry and got to look at them that that back. The fact is what it is that that we know right now we know not because the prosecution saying. But we know what -- based on how jury despite being paid under logic there comment that. And your ability to read it. We know that written edited and these two confederate with the victim that night we know that because the victims systems the sisters sought out. And it impacted his sister there's no question about it that they were -- the -- And any -- Complicated yeah. The murder -- no dispute about that -- -- with Hernandez driving. What on camera. And that -- -- met the -- it was it was directed by Aaron Hernandez they were at the murders -- is no question about that I tell us taping an Internet his car. -- that shell casings at the murders that. Those shell -- we're we're of that bullet -- -- taping of the bullets were used in the murder and then three minute by minute after the murder. The two accomplices and Hernandez are seen. On video from his home surveillance system walking in to how we've gone. After what happened at three a mile down the road. Which people heard a gunshot. And in and the Altima was placed at the -- Couldn't they say the combat that is pretty compelling evidence after eight days of -- that -- eight. And and with the -- in today's technology the gun in Hernandez's hand when he returned home. Could they prove to some extent that same caliber -- same kind of gun that was used it to kill old Lloyd three minutes earlier. Did you imagine Jerry with that -- police are doing that photo -- right now -- blown up idiot how many pixels they're looking at how many forensic. Expert on on on on photographic evidence that they have right now looking at that and -- if -- -- -- and get via of that god -- you're gonna you're gonna you're gonna say they're gonna have a -- date wit -- video so yes. I hit I thought the it is that people I haven't -- at the murder weapon -- -- that that I wouldn't go that. What you hear this from people amateurs that's at -- only circumstantial. But circumstantial evidence doesn't mean lousy evidence correct -- amid fingerprints and blood -- -- Yet figured at one point and I ended airline might be lit up the day when -- when -- -- -- with that without being in the day. What. They're going to kind of evidence direct evidence which is I witnessed. Evidence I saw saw -- -- that direct. Recipient. All of other evidence is circumstantial. And end. -- that actually in my opinion is more powerful because I've witnessed this can be wrong circumstances is based on our logic. How many experience common sense and reason and it the most powerful evidence around in every case. Turned on circumstantial evidence I don't care that antitrust. Trade secret patent recruitment -- murder one at all all the circumstantial evidence but because because that a court of public opinion. -- people don't understand it and it sounds like there is scheduled like taken out of context you know hit it hit it it -- well or I don't have anything else to say. Is there an incentive offer for prosecution side to make a deal with Hernandez defeat to Fernando says listen this just -- ago workers -- good chance to limit to find some agreement here. It occurred yeah it is here that there's not going to be you'll hear -- -- and there's only one question. In my opinion. In effect at how important that the in this hour by hour yesterday it was developing right Reverend Wright -- I was cabinet. Is it gonna be murder one or murdered took her. Is it in any way can fly into murdered two. We get him out of natural life without parole if it was some sort of altercation that improve. Or the other guy that is shooting -- Hernandez can release -- separate himself. Because there's no pleading on a murder one that you think that that'll let him. Not that I can dictate if if -- -- the commonwealth believes there aren't and it was the shooter. And that they actually believe and I think they do. Because -- was pretty but you know what that set that as an execution style he orchestrated the execution of mr. -- he wouldn't say that look that they're here. And they look at some pretty good forensic behind that to represent that in the -- So when he says that. He -- there but they're putting at stake in the ground that we're going after murder one murder one is not -- Because you're not gonna let you're -- not gonna knock that down to murdered two unless you have a reason for. In him if Hernandez is the shooter there is no reason port and they'll never knocked down is not readable at that time understated the record now. There's no discovery. That the that the Fed hasn't had a day yesterday the prosecution's -- He's got he's got he's got the presumption that edit and that says yes he does he has beyond a reasonable doubt yes he's got. He's got great lawyers yet he's got he's gonna spend whatever money he got lap and I am sure that and a diminished quickly. On whatever expert in private investigators he needs to to prove. Whatever defense they come up but. I don't see I don't it is -- and I'll say another thing I was surprised that that he wasn't surrendered in all the cases I've handled with. With high profile. I media attention I usually am able to 2222. -- the prosecutor to let me privately surrendered bring him to -- agent for fingerprinting and book why sir Michael the out. And and they said no we're gonna walk him right out the door and that that the become well look it up position -- that -- mr. Hernandez right now. But I bought by oil Michael fee city's not a flight risk. Will ask for bail asked -- didn't get -- report -- will be eventually get bail quick timetable on this whole thing unfolding -- how much is this gonna cost Aaron Hernandez in dollars and cents. Well. Look yes after the first -- question first before we get legally spend -- -- up. In that. Bill determination by the associated directly appeal of the elect -- to the superior court and I think he'll be there momentarily today -- Early next week that it is easy is it back track because. He has a right to appeal the determination bail. Very eight possibility they could appeal to the supreme judicial court the highest court in the land. And maybe. Maybe I don't think so they might take a look at it I doubt it. My opinion you'll be held without bail based on the strength of the commonwealth presentation on the record. That. At the hearing now remember guys. The commonwealth presentation in part I think probably in large part. Is based on -- sealed affidavit he saw that at the end you'll be that you guys were watching. The that the the arraignment. They're a sealed affidavit is an affidavit that support the issuance of the Iraq War. And that affidavit is probably from a state trooper or from the police officer. That set forth the entire. Amount of information that the commonwealth has right now. I did that help that help the appeals judge did what we know be in it may be references references the confidential informant. Whoever confidential informant is probably one of the accomplices -- the reason I say that can -- got. But first the system of calling yesterday for the commonwealth and reported to the -- and represent it took to the judge. A conversation that was held in all ultimate right ultima. And it's only there's only four parties that were up record in the ultimate he reported is that any conversation. Regarding the nightclub incident on Friday. That it that it Hernandez supposedly -- -- was upset with him because he was talking to people shouldn't be talking to a nightclub rumors on Friday. -- How did he know that it is only a few possible late and then they didn't tell them that the victims that he didn't help. They -- out as it was a party to that I think one at least is cooperating. -- how much is this Costa when all said and done do you think they had just six minutes quickly picked up a lawyer Beloit Japanese thinking about a wrongful death -- -- Action yet against Hernandez a -- a look at. I think -- the Attleboro. And that they -- it looked like he'd be what part of the commonwealth he orchestrated the execution. Of their side. Brother. Any other relatives CES. An -- income generating possibilities are over. -- is signing bonus the first couple at trial is with a of these signing bonus they have been hey. They're at risk and it is BBA it will look at section nine article four of the CPA Iraq -- I don't you know. It's gonna cut everything he had I think will be within a year absolutely -- I wouldn't be surprised that the wind up with a -- public defender. If feet if he went to the DA right now and -- will plead that murder two and except 25 to life. With the DA make the deal. No that would be a good deal of the century based on the presentation made yesterday if they get that. Mr. Sadr would be looking like he was. Giving giving favorable treatment to a football -- -- looked like he was had -- vacation already have here you've been a lot. Again in the lap of wanted to -- it -- it cut accomplices said look I'm really didn't have anything to do with ensuring -- -- wanted to hear the guy that you know. Bob did it misguided or whatever yeah that is not that changes things but based on what we know on the record right now that deal not on the table in my opinion. You've handled a lot of these cases certainly watched and a lot of them have you ever seen the prosecution. Lay out so much evidence in a hearing of this kind before. Now it it was unusual. They have that in eight days. This state police the Attleboro police. In the district attorney of Bristol county -- -- a map that kind of data. In eight days to show that the matter resource base that and the great effort that went into it and -- they're playing it entirely by the book. It's breathtaking what they put together in eight days in him and that was all banged injured -- Let the public know. That we believe we have the murder the murder not out there. We believe we have that big group that well at least we -- we believe we have the person that orchestrated the execution replicate that. End end end then and MP. We're gonna treat -- like every other case in other words. We're we're not saying get in any kind of of special treatment he had been writing everything they had and and at there point here. If they did it. At the bail out remember this all came out it would. It would have been a minute one minute arraignment but the issue -- You know your tragedy that -- and how -- I'm not guilty OK here's the next date July 24. But that the use your -- -- -- commonwealth wanna be heard on bail yes we do and that when it all came out they wanted him held without bail because they didn't want him. Out there in any way trying to in influenced. The investigation. He is our brilliant legal expert Harry menu and Harry may -- said this to you every single time we've talked on the -- were always much smarter after we hang up in a conversation view thanks for the timely information -- talked you down the road any happier yet dairy magnate with Dennis and Callahan on the AT&T -- AT&T forgy LTE.

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