Prosecutors appeal Hernandez’s voided murder conviction

Aaron Hernandez
FILE - In this April 14, 2017, file pool photo, former New England Patriots tight end Aaron Hernandez turns to look in the direction of the jury as he reacts to his double murder acquittal after the sixth day of jury deliberations at Suffolk Superior Court in Boston. An investigative report, released Thursday, May 4, 2017, on the suicide of Hernandez has confirmed that he wrote a reference to a biblical passage in ink on his forehead and in blood on the wall of his prison cell. (AP Photo/Stephan Savoia, Pool)

BOSTON (AP) — Massachusetts prosecutors on Friday appealed a court ruling that erased former NFL star Aaron Hernandez’s murder conviction in the 2013 killing of a semi-professional football player.

Hernandez’s conviction in the fatal shooting of Odin Lloyd was voided after the former New England Patriots player killed himself in prison. Under a long-held Massachusetts legal principle, courts typically erase the convictions of defendants who die before their direct appeals can be heard.

Bristol District Attorney Thomas Quinn III filed an appeal with a single justice of the Supreme Judicial Court on Friday. He called the rule “archaic” and said it “does not serve the public interest.”

“A defendant who commits suicide should not be able to manipulate the outcome of his post-conviction proceedings to achieve in death what he would not be able to achieve in life,” Quinn said.

Hernandez’s appellate attorneys, John Thompson and Linda Thompson, could not immediately be reached for comment. A message was left at their office in Springfield.

Hernandez took his own life in April days after he was acquitted in a separate, 2012 double slaying in Boston.

The legal principle known as abatement ab initio, or “from the beginning,” holds that a conviction should not be considered final until an appeal in the criminal case can determine whether mistakes were made that deprived the defendant of a fair trial.

In their appeal Friday, prosecutors argue that some states have moved away from automatically erasing convictions when defendants die before appeals can be heard. More than a dozen states allow appeals to continue even after death and only dismiss convictions when the appellate court finds that a new trial would have been warranted.

Prosecutors said courts should strike a balance between the rights of defendants and the rights of victims. Lloyd’s mother fought back tears after a judge voided Hernandez’s conviction in her son’s killing.