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Double murder trial for former New England Patriots tight end Aaron Hernandez postponed

Posted December 24, 2015 in Homicide, NFL by Adam Goodman.
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The double murder trial for former New England Patriots tight end Aaron Hernandez has been postponed after both Suffolk County District Attorneys and counsel for Mr. Hernandez requested the case be continued until 2016.  Both parties will return to court on January 19, 2016 in order to get a better sense of where they stand with regards towards being ready for a trial later in the year.

Currently serving a life sentence, Hernandez has pled not guilty as to the 2012 homicides of Daniel de Abreu and Safiro Furtado and the 2013 shooting of witness Alexander Bradley.   Hernandez is currently serving a life sentence for the 2013 murder of Odin Lloyd.

The fact that this case is continued should not be a surprise to anyone.  Homicide trials are typically complicated, and usually involve numerous technical witnesses such as a medical examiner, crime scene technicians, forensic witnesses (latents/fingerprints, ballistics/firearms, DNA, etc…).  The State of Massachusetts also already knows that Hernandez is serving a life sentence, and thus they likely are not pushing for this case to go to trial any time soon.

While there are many variations to both Fire Degree Murder and Second Degree Murder in the State of Florida (First Degree Murder, First Degree Felony Murder, Second Degree Murder, Second Degree Felony Murder), if Aaron Hernandez was charged in the State of Florida, it would be important to note the differences with regards to these type of charges.  While the penalties are almost the same, the crimes do differ.  The most notable difference is that a Judge must sentence an adult to life in prison upon a conviction of First Degree Premeditated Murder, while a conviction for Second Degree Murder will leave a judge with some discretion to sentence a defendant from the bottom of his/her sentencing guidelines (or any legislative set minimum mandatory sentences such as 10-20-Life or Career Criminal enhancements) up to life in prison.

To prove the crime of First Degree Premeditated Murder in Florida, the State must prove the following three elements beyond a reasonable doubt:

  1. The victim is dead;
  2. The death was caused by the criminal act of the defendant;
  3. There was a premeditated killing of the victim.

To prove the crime of Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt:

  1. The victim is dead
  2. The death was caused by the criminal act of the defendant;
  3. There was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life.

If you have any questions about a murder charge in Florida, please feel free to contact Miami Criminal Defense Attorney Adam K. Goodman, managing partner of the Law Office of Adam K. Goodman, PLLC, at 305-482-3265.  For more information, please see us online at ‪‪www.adamgoodmanlaw.com.

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