WEEI>On Demand>>SI legal expert Michael McCann lays out the best hope for the defense in the Aaron Hernandez case

SI legal expert Michael McCann lays out the best hope for the defense in the Aaron Hernandez case

Jun 28, 2013|

Michael McCann joined Dennis & Callahan to weigh in on what's coming next in the Aaron Hernandez case. The evidence against the former Patriot is quite daunting, but McCann says the best hope for the defense is to attack the physical evidence.

Transcript - will not be 100% accurate

Several people have been very very helpful to this program during the course of well couple years actually but certainly in recent days Mike McCann and UNH -- professor and SI dot com legal expert joins us on the AT&T hotline good morning Michael thanks again our real. -- I'm fine I'm wondering does yesterday's denial of bail to Aaron Hernandez that being the second one. Not close the books may be better express to be slammed the door on his ability to be free until a trial. Essentially does he does have an opportunity. You appealed directly to the matches -- supreme judicial court. But the chance of that occurring or succeeding extremely low I think he will be engineered -- the end of the case it would be stunning development. If any maneuvers get them out. He is likely going to be there for awhile and he knows that. The right to a speedy trial in Massachusetts -- within a year but that could be a trial and already been in the spring so even in a best case scenario is going to be spending some time. Judge -- -- wheat was by enough that the defense attorney James sultan was selling yesterday is that possible she knew. -- -- second investigation into -- Hernandez for the double murder which he may be connected to before she made her ruling yesterday. Yeah I'm I'm I'm I'm pretty sure -- had some knowledge so bitter these had worked at. But you know what went out at present I think there was overwhelming evidence to keep him as he didn't even need to use that information back that. They have all the physical evidence against her and and the Packard has presented an acting pretty compelling way should you or hurt -- to decide well even though the first -- that now I'm gonna say yes. I don't think there really any chance of that happening. What would you do if you were the defense attorney here they have a mountain of evidence he's obviously guilty you can't plead insanity and you and the waters options. Yeah I don't they get sent in India on the table none of that has been established anything prior and for them to bring that and now I think would not be well received by the court. I think they have to focus on the the parts of the story that the prosecution haven't completed that -- where -- cigar. If there's such a compelling case against him why haven't they -- the actual news now it's true he can be convicted with epic sounding out that they asked the -- on that same. That are at least can be portrayed as defects. And it may have to look at the motivations of those court testifying against Hernandez. We know that there are cooperating witnesses. Go after them make it clear that they have a motive is to protect themselves. To exaggerate what happened may be even outright lie. You know all on Hernandez. Entered into continue to attack the physical evidence to say we're at the evidence we've heard about it in court. Let's actually look at it. And it. It sometimes you could say it look -- at the beginning -- prosecution come out saying we have a piece of evidence and it's an -- picture of guilt. But let's see each of them independently let's see whether they -- obtained -- whether they were stored lastly whether they can act together. Now I don't open any of those things are actually gonna get him to be found not guilty but they have to attack and they have been going at at. I think in legal terms that's called grasping at straws is enough Mike because. I Agassi you you really have no choice. But. I asked -- -- and I was glad to -- -- agree with me it always bug me when people. -- collects circumstantial in this circumstantial. -- that's some flimsy that's it's like a pejorative -- circumstantial. When in fact fingerprints are circumstantial blood is circumstantial. And in this case when the direct evidence might come from gang guys. In drug dealers the circumstantial might be stronger evidence than the direct evidence correct. -- and especially the -- I think allude to the yesterday she and yet circumstantial case it's been very very strong circumstantial case and I think that was -- telling comment. By the judge because there that there are there a lot of circumstantial evidence and act collectively paying. A disastrous pitcher Hernandez that. He was clearly involved with this murder and you know I suppose that lawyers can stay on one hand you're claiming is the mastermind of this crime. On the other hand the crime was so poorly executed. It would do you really actually come up with the idea why would either shot in -- half mile from the house. What what criminal mind would have that maybe just isn't very Smart that's a possibility -- and it wasn't well thought out and I think that's another strong possibility. But maybe they can created disconnect between the site he had that he came up with that and the -- appeared you were so poorly designed but there's the issue -- why would he jump from the disagreement with Odom lowered or who -- and you. Q let's go out and kill him in the navy and the possibility relate that employers can find evidence where and that says he's similar language and text messages. And in recordings particularly to crimes again and the maybe it has grasping at straws to try something. Didn't the 2002 shooting if charged and the Florida -- well to those talks are far shooting in the Florida stuff from early February cannot be introduced. In the trial answered in this. It could occur if it goes -- -- facilitate the Florida shooting that occurred in February. They are we note that -- implicated in shooting Alexander Bradley who is now suing him. And in Florida court. Here's why I think -- and it may be able to see. In regrets in other news important major victory victory for him -- can argue you know on the night of that shooting. Bradley told the police he didn't know who shot. Now he's suing her hand at framing it and Beatty lied to the police denied shooting indicated how credible is that your tactic credibility. Alexander Bradley actually in terms of the that out there may be physical evidence that links Hernandez that at bat for him -- Don't try to open up other promote her and that it will look at the double murders last July -- they they could connect. What happened here we don't know that they began at police agency. He connections between the murder that are possible in terms of -- all of that could could be relevant but his lawyers will argue it. An all time any evidence of other how strong. -- -- -- And it it is a threshold that the prosecution will have to get over but it stake ensure that there's a connection a motive to it and they can probably get yet. Would he be tried separately on that after the first case run its course Mike. Yeah probably what he probably would be tried separately unless there's some how strong linkage between these two murderers and it doesn't appear. That the case -- he could be. Convicted on on this count for Deloitte and that's -- another trial. But if they're completely in -- related could not bring two more charges of two more counts of murder and to a wallet once. Nick well well because the evidence could be the evidence we look at the pool of evidence to see whether or not just want to consolidate right. It is possible but I I think will likely be simpler stroke. While he's in trouble now -- is about rolling papers we found out who is in big trouble now. Mike do you think the general public has too much or not enough faith in law enforcement because obviously this case is slam dunk but. I look at the case from a year ago and say. In -- they have rented an. Island plates in there in the club and in the street -- a lot to this at all and sent. Thought we solve cases like that I thought we caught guys like that. Yeah -- I think we you have faith and I think we should have an -- -- -- and do an excellent job but they're they're limitation evidence and we know that. We charge someone if there's a mistake -- too early Turkey and someone. Back and make it impossible -- and again even that they in fact it is so I think and we saw that melt it over the course of the the last week or so where Fernando what can chart you can look at least. Clearly believe that he was a murder. That they waited they waited to make sure they had enough evidence that they didn't wanna bring charges and then per Hernandez lawyers say opposite effect. And and to attack it in the paper and and it's blocked -- so I I think facial caution. Enact harsh and I think it's a good thing for the public to know. They're looking for a guy named -- Wallace in connection with the the single homicide I believe they say he's armed and dangerous and they're charging him with accessory. After the fact what does that say to you might. It says it based on the charge that he would connected with the coverup after the crime that perhaps he destroyed evidence that the gun. Yet -- an email Pepperdine may have discarded big guns may have worked to help them -- that he played -- facilitating role after the fact. With this with this 2012. Shooting case Michael the wind is so it was just say Hernandez is charged how does that does that process work exactly the same as it has -- the past couple days are gonna bring amendment inducing all over again it's gonna be -- people who -- two days ago yesterday. Yep and it's unusual that there are separate murders of the the same personal could have happened and he knew there would be another proceeding where you would go to a different. Or I guess I'm sorry we get are we -- be up for bailed to get a bail opportunity for that Kyle. Now that's on me because it already aren't aren't there wouldn't be opportunity for sale so he would -- stuck. But they still ordering him on the actual charges. Are all the victims families gonna sue him and do you think the be anything. In their food to soup for. At this point we know leases and rents all those cars -- and we know the patriots again try to recoup some of the signing bonus. Do you think they'll have any success suing him in civil court. Yeah I is that standard and the local will be lower will be more likely than not rather than beyond a reasonable doubt. I would be very surprised to these Nazis and the fact I would peace prize -- lawyers for old Odom lakes family. Are are not looking at -- -- if there's any kind of financial. Which Fernandez is -- trying to move money out of the country trying to make it difficult to recover recover any kind of civil lawsuit against them. It may because I think -- to try to do very quickly after rumors that he was going to be charged develop. Get money out of the country now we don't know what's happening but I I would be very surprised that there are or looking at that. Let's say the more likely in the coffee can on the show -- and a ceiling tile under the bed do you have any idea how I can get my hands on the late Audi Q seven cause -- to get that they seized that I'm sure. I need to know when the auction is a wanna get the agony and you know mail -- Battle secretary -- are -- an optional there's I think there's going to be a lot trucks aren't going on auction. Dean dean wants and one of the guns in the title now and you know in the what up Mike McCann SI dot com legal analyst again we thank you your time always helpful appreciated. Mike McCann with Dennis Kelly at AT&T hotline AT&T forgy LT.

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