Jul 10, 2013|
Our resident legal analyst Harry Manion joined the show to discuss the latest in the Hernandez trial. He said that the prosecution has more then enough evidence to convict the former Patriot.
Transcript - will not be 100% accurate
I'm proud to say that is so all of these court cases play out we have about question. Out one of the best analysts from the best explainer as one of the smartest guys on the planet to help us not comprehend. Things that we and our little sports oriented -- just don't get. You courses -- -- different hairy men and good morning Harry. Here there are a with the speaker Eric is that it's on the little Tinny. At this as well that's much better that's what a delicate new animal -- -- -- -- it would seem that. Carlos Ortiz. Information we found yesterday. That he said. Aren't just Wallace told him. He pulled the trigger while on the surface seems very very damning to Hernandez. But doesn't it seem a little -- serendipity us. That he is the guy that stayed in the car when they got out to urinate and he didn't see what happened and a and a day later he says this is when Wallace told me when he told me. Yes -- investing jamming -- and despite the beating double you're seeing throughout the -- -- lied to who told the right Hernandez. To Wallace. That is an admission of lawless said hey it is totally shot him that's an admission that admissible under the Massachusetts and federal rules of evidence to the hearsay rule. Blacklisted by -- gets a little more complicated but it -- even admissible anarchy. Sponsors that kind of testimony won't stick. -- that it -- joint problems and going to be a a decision but more interesting is the point you'll you'll make John again. Going to pure common sense and in your understanding of like like like our listeners which is. Well the second. They're out there are therefore in a car. There and dark industrial park. Rocky road they're down there for a reason or what you mean it. You've got I Eddie is pretty -- -- -- -- confessed to Wallace who told our keys that are there right so -- ethnic or not only help there. But he was shot five times -- people heard the gunshots. So either -- I mean I just think this this particular piece of the affidavit. He's not fully understood because it just doesn't make much sense -- that. I'm not disputing it was probably said by Ortiz. When he was debriefing with the state police but. If it's just -- curious and it's got some evidentiary problems. And would not the defense team terror that a part if that is tried to if that is stated in court -- of war Ortiz let's. They would they challenge it as. Both that a factual basis but what -- you mean you went there so that'll that'll you know you'd be used as perhaps if if it goes in just like that area -- John and I don't think it overwhelm. It -- go in if Wallace doesn't testify. I don't think he'll go in as a as a secondary piece of hearsay because. The you know it opens up reasonable doubt it's just say you know a a chip in the -- at and the cases so overwhelming that forensics the video. It and other developing it looks like Perkins got it look like you're developing motive they don't need motive. You know they now have a video according to the return in the affidavit returning to search warrant that we saw yesterday they have a video. Showing -- getting into the -- And that corroborate. -- sister who says she saw in it and the Altima and they got in together at the bargain get good going out the week of the murder. And drug testing outspent in the night's sleep about someone's to their houses they got in the rumors. -- supposedly armed they got him at the bar at rumors with Lloyd when supposedly. Is when I heard it he started having issues with Floyd his good friend. They get statement that from you know when the sisters that relates to drug dealer and registered ton of text between like. It just such a strong connection between Hernandez -- the victim and they got it and they looked in the two Connecticut guys with with their texting picture ass up here. And then in the new pipe -- and all the forensics -- that the pace things of that -- at the scene you know it is just what what's gonna happen here is country geyser. And watching it you know you -- ES three you -- three part play right now. You got -- accessory after the fact also known as obstruction of justice. Which is knowingly aiding someone who who who committed a felony you in -- should've known billionaires are committed a felony. In India helped them. Doubling that accessory after the fact and -- like Kerry seven years and examine him -- that. And he's held without bail so he's going nowhere. And Carlos are keys very hard there they're there you know they have a gun charge. On him because he admitted he was armed on the night in question they saw of video of him coming back Hernandez's house. With a guy and so they got him on a gun charge in the ass. Yes so -- you know insist -- -- -- -- get a little bail on a gun charge and maybe this guy making bail. They've moved under a statute that says the bike and show clear and convincing evidence that he's a danger. To the community -- to any members of the community I can hold on an expedited basis but I can hold and that it was supposed to be a dangerousness hearing. In front of a judge yesterday to see whether there is clear and convincing evidence at this time as to whether mr. Ortiz is in danger to the community. And that got booted over to August 14 which is it almost the way where you're sitting in the in the house so. It's it's just seemed to me that our keys is is is is cooperating in a big way and I doubt that delivered. Go forward with the dangers it dangerousness hearing unless. Our keys besides the -- changes told -- thing. What Barry lets just say they throw Ortiz is and or they can't really that's gone sources say that's not admissible. Does it really does it matter when you look at you're trying to form a case against her name is as a matter that you can't really yet proved no gun. Has been found that Hernandez didn't pull the trigger I mean that's still kinda seems to be some up in the air doesn't at this point. All well markets and it's -- given that the despises as we've seen in exhaustive search. The -- hasn't been found the thing about. You know how easy it is the hiding out. Okay right but if if that would indicate if you're an idiot fingerprints on the murder weapon he we'd never have you know we get one out of a thirty -- convicted. Yeah and -- and would you know go straight. So that -- -- no he he got bad luck Turkey got got a latch on to something right. I can't make the case again -- absolutely have begun well I have a full of them having gotten very similar three minutes after the murder -- So what I love this stuff about circumstantial her -- every cases circumstantial all that means is it circumstances. Is surrounding the murder in this but this state police and and the district attorney office have you know they scoured the earth and you're gonna continue. Look at what's gonna happen here is. These three guys that think they're getting it guided. -- -- brain injury momentarily. And I think they're gonna get indicted probably for joint venture murder of mr. Lloyd and maybe some other stuff. Definitely somebody stopped the Internet has always has again -- But that they think is going to get consolidated. Into one proceeding. I'm -- Electric heat is already under some sort of plea deal we would know that is that it hasn't been disclosed yet. Mary what in the world would and sent Wallace not to flip at this point and if he's going to flip does he have to do before he is indicted so they can say I get accessory after the fact or whatever the case may be a lesser charge Reid doesn't do. Fifty does five. No he doesn't have to do it before and often times they don't. John because it could be on it's it's it's you know his his lawyer. -- guy in the world is you know saying here's here's what I know about mr. Wallace's involved. And in -- you know eat it that's what might be -- I don't know what he's doing better now I am but if you're looking to make the in the end you know if they place Wallace. And they do. Yet at the scene of the murder it's a joint venture -- it's natural light with no parole I'm sorry he's looking at seven years and obstruction but that's not. That's going to be indicted for a -- I don't that's silent and charged with those three guys left the house armed. They picked up Lloyd for a specific purpose because glory to the park. He was shot five times. The ultimate -- was at the industrial park is no doubt about that expectation. Was under Hernandez's car when he turned to the end. And that -- video of the three of them coming back and three minutes after the murder and global war armed Ricky is -- Hernandez so what if that is the -- is facing actually. Maybe he's one of those who believes in the code. That I never give up anybody. I could come on the man and maybe at that particular exchange over the last 25 years 35 years since the god father -- We stand up -- Marc Kevin Weekes hasn't standing on his analysis across the dial up they get that across all. Kevin Weekes hasn't standing up for a Whitey Bulger. And it was if it won't stand up. I would be surprised my guess is. He slips and simply this is just my speculation based on my experience. He slips simply are accuses in the process of doing so process of doing so -- party has and everything points to Hernandez. Mary this is less of a legal question a more common sense brought up -- situation question. Well what does Aaron Hernandez hubris is arrogance say to you in terms of his just complete. Not lack of detail lack of trying to protect himself in the situation as it's saving -- that's -- significant. Her having -- having represented many many many application coach -- and and that's the liberty. -- oftentimes I don't know mr. -- I -- I'm just telling you again in my experience. They believe problems you know agents the end of an handlers and guys like carrying an -- are are out there to solve problems and this is a problem. OK I called my agent and my agent -- whatever whatever it would ever. A role he played John let's let's solve the problem be incriminating thing in my way of thinking well. That I got out of the affidavit regarding his demeanor. When confronted by this police. Got what is that -- What went went told we're we're we're investigating a homicide it to death that occurred a couple of blocks away he did not say well that killed right. Don't let it. What what what's that all about he he he and and and and that statement itself which is admissible. That you know they're gonna say that he didn't have -- Miranda warnings and should -- the -- may be dead but you know that obviously challenger to trial but his demeanor is somewhat probative. Of what he knew in his state of mind as existed when he met with at least it is his instruction. According to what is agent told him to tell his fiancee -- stopped talking to the state police that shows could be that could be viewed by the jury as consciousness of guilt. Somebody mentioned the fact that perhaps the defense would use concussions as some form of defense if that is indeed the case do they have to state that what their road map is what their plan is ahead of time or can they introduced at halfway through. Now they have to disclose that there would be. All kinds of what we call bill -- -- it's a French name that determines whether. Whether leaders scientific basis to afford that what will not one. It's a largely -- to say I have concussions and therefore. That caused me that caused me to commit commit a murder a participated in a murder. Or be involved somehow in a murder at a big because the light side. If they go down that road is desperation Malia. With -- but that's what you to -- real quick answer to -- carnival now if you're presenting this guy if if you if you let him take the stand. -- What he got the loose that you know I know Jay Carney we were classmates we -- at the superior court seminars are. With judge blocked for fifteen years every summer I'm but -- is. I have tremendous respect for his forensic ability we tried dozens of mock trials and trials against each other. And I know this about my friend -- he's a bold. Zealous advocate. In any any he has is his his glasses on but this is my duty to society. And to the commonwealth into the bar. I'm appointed and I got to give mr. Bulger. -- presumed innocent. The best possible defense than an -- he'll he'll do everything in my opinion. Again I have not spoken to but in my opinion he'll take despair. It is it is -- three years older it is day in the satellite I think he's gonna take the standings and he's gonna take a lot of weight. You'll admit to a budget stop at any say I didn't kill those two young women. Have you all your years Terri ever had a witness and a defendant say bleep you reach from the courtroom out loud. I asked you I have -- a situation where I understand that these the witness. Under cross examination. By means. And he'd played at the -- well I was I went to direct examination by any might own a client. Was almost attacked in Middlesex superior well the opposing party in the and the bailiffs had to restrain him. Because testimony came out that was so damaging to the planet and -- there was smoke verbal exchange and almost physical altercation and that's -- You know -- -- just to get -- those card officers are trained. First of its foremost to protect the witness to protect the jury to protect the jets a much lesser expects epic. Expect to protect protect our defense counsel and prosecutor council that. Particularly they have they have allowed. And -- on them and they know what -- doing and -- just getting donuts for people -- it will train people. Was -- of the arraignment today are we going to get some taste of what the defense is gonna be for this guy really gets some sort of -- -- -- -- -- -- -- they with the joke now in and out you know seventeen death penalty charges thirty -- mass destruction three people dead. Now it's you know I think I think that Carmen Ortiz and her her her assistants will. Lay out the -- the bones he would -- you know the -- indictment seventy pages I read it it's you know it's a narrative. Of of what happened and the you know that the -- the the judge you know computer a range arrange bail. There won't be any bail. Hit it to death penalty and in case. But they can't carry that only charges. The attorney general gets a call right -- Eric holder's gonna make the car call according to corpsman are keys and it that's typical of -- the the very various labor layers of review Washington. Over the United States attorney's office oh depend for example they wanna bring an indictment against attorney this is. Happen to me represented attorney which is it was a subject in the grand jury there's two -- three levels of review before they returned an indictment and you can be heard there. I'm sure Eric Holder is looking at this particular you got to remember. No matter what happens there and I I mean it is not then nothing good to happen to not to -- aren't there other when he -- that -- justly deserved. Is even faces murder one in Middlesex County for the joint venture myrtle murder. With his brother of the police officer and that's natural light and so they they waited. So because you know he's he's he's going to be put is gonna be put somewhere and then he'll never seen the light today as it should be. Weekend with his briefly totally off topic carry sexual what's been askew if your stop. Where the do you lie and you have been drinking do you blow the breathalyzer or refuse. I won't say I won't get to that question in the abstract art. I'm sorry that it it would depend on him multitude of circumstances I wouldn't provide -- are listed as any kind of legal advice directly over the. Probably a good idea. Perry always a pleasure talking to you we've talked and other robot friend I'm sure this -- this thing plays out the level lot more questions for. And anytime I'll be looking for carry over it that the boulder trial took a. Cut cut cut cut Perry met him but doesn't talent on the AT&T -- AT&T four GL TD. I'll still come Dave ought to mark the Hartford current and -- off in. -- Yeah we got us here play here right now yet it did pretty simple question we did it based off lawyer in Hernandez who were passed out against Iraq in front of his house and couldn't -- -- -- -- couldn't get out of -- honestly what's the -- is you've ever been and what happened and how we get involved with this. The act off well WEEI live -- click on open Mike on the right in ten seconds let us know. That truck receiver ever Bennett what happened after that -- not on the text wishing people were doing on the live out however -- the good -- they have been good 61 -- this that was -- dropped one time I keep it caught the market and that's not good.
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