Aaron Hernandez one the "down low"

By John R. Ellement and Evan Allen Globe Staff April 19, 2017
In the eyes of the state of Massachusetts, the death of former New England Patriots star Aaron Hernandez could make him an innocent man, thanks to a legal principle called “abatement ab initio,” said Martin W. Healy, chief legal counsel to the Massachusetts Bar Association.
Although Hernandez was convicted in 2015 of murdering Odin L. Lloyd of Boston, Hernandez’s appeal was not complete. Abatement ab initio means “from the beginning,” Healy said, and it means that upon a person’s death, if they have not exhausted their legal appeals, their case reverts to its status at the beginning — it’s as if the trial and conviction never happened.
The principle means that going forward, no evidence established during Hernandez’s criminal trial can be presented in civil court, Healy said.
In states that have abandoned abatement ab initio, Healy said, the move came after high-profile killers had their histories wiped clean. Healy said he would not be surprised if a lawmaker again introduced legislation in Massachusetts to change the law.

 

Can Hernandez high school sweetheart guy and his prison lover now sue Hernandez estate for "Loss of consortium"?