What is 'abatement ab initio'? Here's how Aaron Hernandez's murder conviction got revived after his
In April 2015, Hernandez was found guilty of murder and received a life sentence without the possibility of parole
Former NFL player Aaron Hernandez got convicted of the 2013 murder of Odin Lloyd before he took his life on April 19, 2017. After dying by suicide, Hernandez in the eyes of the law was technically innocent for a little while. As the former New England Patriots player's legal team filed to have his conviction thrown out, citing a little-known legal loophole known as “abatement ab initio.”
In June 2013, Lloyd's body was found in an industrial park, about a mile from Hernandez's home in North Attleborough, Massachusetts. His body had multiple gunshot wounds to the back and chest. Police then searched Hernandez's home in connection to the fatal shooting, before charging him with first-degree murder, in addition to five other gun-related charges. Shortly after his arrest, the Patriots released him from the team. In April 2015, Hernandez was found guilty of murder and received a life sentence without the possibility of parole.
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What is 'abatement ab initio'?
According to , "The doctrine of abatement ab initio applies when a convicted defendant, like Hernandez, dies before his appeal rights are fully exhausted. When applicable, the doctrine wipes clean the defendant’s slate, as though the indictment, conviction and punishment never happened.2 For example, if as a result of a conviction, a criminal fine had been levied but not collected, abatement ab initio makes the obligation to pay go away.3 The converse, however, is not true. When a defendant dies before exhausting his appeal rights but after having already paid costs, fines and restitution as a result of his conviction, despite the conviction being wiped clean, the deceased’s estate has no right to recoup the money previously paid.4 Until now.."
Massachusetts judge recognized the legal validity of the argument and vacated Hernandez’s conviction less than a month later after his death, reports. Judge Susan Garsh said in her ruling that the court “had no choice” but to do so due to a longstanding precedent. Lloyd’s mother, Ursula Ward, criticized the decision, commenting, “In our book, he’s guilty, and he’s going to always be guilty,” USA Today reported.
After the judge's rule, prosecutors criticized the ruling, including Bristol District Attorney Thomas M. Quinn, who persisted in calling Hernandez a murderer. “He died a guilty man and a convicted murderer,” he said. “This fact is indisputable. You can’t just snap your fingers and have that go away.”
Ultimately, they were successful, The Massachusetts’ Supreme Judicial Court ruled collectively to redeem Hernandez’s conviction in March 2019, drafting that abatement ab initio is “outdated and no longer consonant with the circumstances of contemporary life, if, in fact, it ever was,” NBC Boston reported. The court concluded that Hernandez’s conviction was neither affirmed nor reversed since the appeal was never heard; additionally, in another landmark decision, the court also ruled that it would not consider that defense in the future.
REELZ is all set to narrate Hernandez's story through a special documentary, which will air on Sunday, February 14 at 10 pm ET/7 pm PT on REELZ, titled 'Aaron Hernandez: Life Inside'.
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