Others Likely to Be Charged
At least two reported accomplices of Hernandez are likely to be charged. If prosecutors are not certain they can gain convictions for all of them, they will likely “work” with each to see if any will turn on the others. The incentive for this is usually a lowering of the charges and significantly reduced jail time.
The problem for Hernandez, however, is that he is charged with first-degree murder, and not as an accessory. Prosecutors want him to be convicted for the murder and will be much more willing to work with the accomplices than him. While the lack of a gun may gave prosecutors reason to allow Hernandez to plead guilty to second-degree murder, it’s not clear that is the prosecution’s strategy. Also, the gun may eventually be found and linked to Hernandez.
Admissibility of Hernandez’s Past Mistakes
Assuming the case goes to trial, expect a battle over the admissibility and persuasiveness of incriminating evidence connected to Hernandez’s past. Much has been made of a lawsuit recently filed by Alexander Bradley against Hernandez alleging that Hernandez shot Bradley outside a Miami club in February 2013. The two were said to be friends on vacation together at the time. Bradley’s lawsuit is unlikely to play a major role in the criminal prosecution of Hernandez in Massachusetts, especially since Bradley’s credibility would be called into question by Hernandez’s attorney. According to the Miami police report, Bradley told cops he didn’t know who shot him — a statement that contradicts his later assertion that Hernandez shot him and suggests he was not forthcoming with police.
As reported by SI.com, Hernandez’s past also includes police investigations into incidents in Providence, R.I., and Gainesville, Fla., involving guns, documented problems with marijuana and ties to questionable individuals. Generally, evidence of past crimes or wrongs are not admissible for purposes of determining the defendant’s character. They can be admissible, however, if they relate to the death of Lloyd and are used to show motive, intent or knowledge. Their admissibility in that latter scenario would depend on whether the judge deems their admission more probative to the case than prejudicial to Hernandez. Decisions like these by the judge would provide grounds for Hernandez to appeal if he’s convicted.