My concussion made me kill ...

[deuce]

So the Patriots are in court, arguing that they shouldn't have to release their psych evaluations on Aaron Hernandez to his defense attorneys. Why would they want them? I'm guessing that it's going to be so that they can demonstrate a history of concussions (starting in his pre-NFL days) and that the ensuing CTE lead him to the violence.

Looking into that possibility and came across this article from 2013, but it's still relevant.

If the defense wins on this argument and Hernandez "goes free*", it's going to hurt the NFL ... are they systematically producing a generation of uncontrollable murderers?

*More likely to a looney-bin.

 

[OITW]

From the stuff I've read and heard (don't have specific references handy) I'm his questionable character started long before he played pro football, so the prosecution needs to show that trail, since the defense's strategy will include blaming the NFL. Also, they haven't found the gun (not that they ever will) but I think that's important as well.

 

[KnightLightPro]

I understand it is the defense attorney's job to get his defendant off, but aren't there limitations to what they can do? I honestly don't know how defense lawyers can do their job. Personally, I would struggle with my morals knowing that I'm working the system to get someone off that I know is guilty beyond a reasonable doubt. Just boggles my mind.

 

[golfinFF]

Agreed knight, but your paid to do a job and that job is to find a hole in the system exploit that holes and create doubt which is all that is needed to get your client off.

I think this defense is stretching for a reason he committed the murder, but so are most insanity/mental health defenses.

Do concussions do permanent damage yes they do, but so does drugs, alcohol and many other things.

 

[blugold]

I understand it is the defense attorney's job to get his defendant off, but aren't there limitations to what they can do? I honestly don't know how defense lawyers can do their job. Personally, I would struggle with my morals knowing that I'm working the system to get someone off that I know is guilty beyond a reasonable doubt. Just boggles my mind.

There is a forum member who is a former defense attorney. He may be better suited to answer your question. But you are also an assumption, Hernandez's lawyer may not believe he is guilty.

 

[Brianbigoats]

He is doing what he can to get his client off

 

[Awkward silence]

There is a forum member who is a former defense attorney. He may be better suited to answer your question. But you are also an assumption, Hernandez's lawyer may not believe he is guilty.

You have to believe he is if you really want to defend him. Unless you truely have no soul that is.

 

[tequila4kapp]

If Psych evaluations occurred and/or if there is documented information about concussions the attorney would (IMO) be virtually committing malpractice by not pursuing that information.

 

[tequila4kapp]

You have to believe he is if you really want to defend him. Unless you truely have no soul that is.

Or you could just really believe in the Constitution.

 

[blugold]

You have to believe he is if you really want to defend him. Unless you truely have no soul that is.

It is possible that the attorney doesn't believe that Hernandez murder those 3 (!) people. That doesn't make the lawyer soulless. The state has an obligation to provide proof, beyond a reasonable doubt that Aaron Hernandez committed those murders. It is the defense's obligation to create that doubt. It's the beauty of the legal system.

 

[ShanksaloT]

If it is agreed that concussions lead to him killing someone, can't cases be reopened for many other murderers who have history of a concussions and as a result they get off?

Where is the line drawn here? I believe it is a bit of a stretch myself....he was also taking PCP mind you so the chances of him getting off are relatively slim I believe....

 

[blugold]

If it is agreed that concussions lead to him killing someone, can't cases be reopened for many other murderers who have history of a concussions and as a result they get off?

Where is the line drawn here? I believe it is a bit of a stretch myself....he was also taking PCP mind you so the chances of him getting off are relatively slim I believe....

Really? That is the first I've heard of him on angel dust.

 

[ShanksaloT]

Really? That is the first I've heard of him on angel dust.

Yes - I was shocked to read this as well - this long article written by RollingStone cites alto more than just that - http://www.rollingstone.com/feature/the-gangster-in-the-huddle

Talks about his paranoia which stemmed from PCP usage and led to him carrying guns, etc.

Another article by Fox News discussing this - http://www.foxnews.com/us/2013/08/28/report-alleges-pcp-use-by-ex-nfl-star-aaron-hernandez/

 

[blugold]

Yes - I was shocked to read this as well - this long article written by RollingStone cites alto more than just that - http://www.rollingstone.com/feature/the-gangster-in-the-huddle

Talks about his paranoia which stemmed from PCP usage and led to him carrying guns, etc.

Another article by Fox News discussing this - http://www.foxnews.com/us/2013/08/28/report-alleges-pcp-use-by-ex-nfl-star-aaron-hernandez/

yes yes yes. Now I remember. Thank you for reminding me. Yeah - with that in mind, the concussion defense won't work.

 

[ShanksaloT]

yes yes yes. Now I remember. Thank you for reminding me. Yeah - with that in mind, the concussion defense won't work.

This could be in a whole other thread but...
Also in the article it touches on how Belichick knew about all of this and essentially told him to find a house off the radar and chill out - if he knew about Hernandez doing drugs, shouldn't Belichick be under some scrutiny and punishment? He ultimately pushed this all off to the side in the desire to win more and more games....

Also makes you wonder why the Pats picked up Tebow - since him and Hernandez were playing together maybe they hoped Tebow could restrain him in some way?

 

[Darren37]

Then more than half of the NFL players would be out on a killing spree then chalking it up to being hit too many times in their career. Excuses excuses but hey I guess it's worth a shot. It worked for OJ.

 

[tequila4kapp]

I don't think the argument would be that concussions made him commit murder it would be some flavor of the argument (depending on MA state law) that the concussions diminished his capacity to understand right from wrong.

Practicing attorneys can chime in on the reopening question, but my sense would be No. People could try to appeal, but as a practical matter I don't see that working.

The line is drawn by what can / can't be proven in court and the jury's decision making abilities. The defense can claim whatever they want. The prosecution can rebut it with their own evidence...things like taking PCP and other actions that show an ability to differentiate between right/wrong (or whatever the legal standard is in MA) negate the argument; just because the defense says something doesn't mean it results in a particular outcome.

 

[Philly Golf Guy]

I used to work for the federal defender's office of NJ, where 99% of the defendants faced virtual air tight evidence against them obtained by highly skilled federal officers and most of them pled out. So most of the work was arguing provisions of the federal sentencing guidelines, trying to get them lighter sentences.

Those attorneys work tirelessly for clients that aren't paying them and oftentimes are ungrateful, but the chief defender spoke once that he doesn't do it for appreciation, he certainly doesn't do it for the money, but he does it because he believes in the country and the constitution. Those people are entitled to a defense and it's their right. No matter what the charges or the degree of apparent guilt, we are all entitled to defend ourselves and an adjudication before convicted. There may be times when it seems pointless and/or obvious that someone is guilty and shouldn't try to put up a defense, but there are countless instances where an apparent airtight case becomes very much less so once you start getting into the details. Sadly, there are also times when someone is in fact innocent but charged anyways and if that was ever me for whatever reason, I'm glad to know I'd have an opportunity to defend myself with the assistance of counsel.

The country is predicated on checks and balances and criminal defense attorneys are one of the checks to make sure law enforcement continues to do their job while observing all of our constitutional rights.

As for Hernandez, their defense attorneys wouldn't be doing their job if they didn't look at his concussion records to determine symptoms, complaints, etc. Again, it may appear fruitless, but it's necessary to make sure they're doing everything they can to defend him.


Taps away