Defending the Murder Charge
While the evidence articulated by McCauley paints Hernandez in a guilty light, law enforcement will now have to share evidence with Hernandez’s attorneys as part of the pretrial discovery process. Hernandez’s attorneys will scrutinize all aspects of the evidence, including how it was obtained, examined and stored. They will look for any ways to cast doubt. Also expect his attorneys to challenge the police’s alleged timeline of events. Along those lines, defense counsel will probably offer an alibi as to Hernandez’s whereabouts when Lloyd was killed. Hernandez also has the financial resources to hire DNA experts and others with technical skills who will rebut the prosecution’s science. Remember an obvious point but crucial: Hernandez does not have to prove that he is innocent; he only has to provide enough doubt that jurors don’t believe the prosecution’s case beyond a reasonable doubt.
Consider some of the specific evidence mentioned in the arraignment and how Hernandez’s attorneys might challenge it.
First, no gun has been found. While defendants have been convicted of murder without the murder weapon being found, it makes the case more difficult for prosecutors. If Hernandez goes to trial, his attorneys would stress to jurors that the absence of a gun should give them pause for doubt. After all, how can they be sure Hernandez shot Lloyd when the gun was never recovered?