Steinberg: Aaron Hernandez — justice possible with a wealthy celebrity?
Jurors began deliberating Tuesday in the murder trial of former New England Patriot tight end Aaron Hernandez. Hernandez is charged with the murder of Odin Lloyd, who was dating his fiancee’s sister. Hernandez is also charged with another double murder outside of a Boston area nightclub.
The prosecutors presented a meticulous timeline with real-time photographs charting the movements of both Hernandez and his victim. The evidence is overwhelming and it is hard to imagine a jury not finding Hernandez guilty as charged.
History is replete with examples of how wealthy celebrity defendants escape common sense justice.
Robert Durst, Robert Blake and OJ Simpson were all acquitted when it was difficult to see any way that they were not guilty. A defendant with money can hire expert representation. They hire the superstar attorneys who are skilled in raising reasonable doubt.
Top-flight investigators uncover every possible flaw in the prosecution case. Professional expert witnesses seem to be able to cast doubt on every prosecution theory of piece of evidence. Police investigations of the murder are held to an impossibly high standard of scrutiny — in every one of these cases there are allegations of bungled handling of evidence.
The celebrity defendant appears in court looking like a choirboy. They appear clean-cut and calm. It is impossible for most jurors to imagine someone capable of murder. They see defendants who are not in a homicidal rage, but cool and collected. They are surrounded by supportive families in court.
Music producer Phil Spector might never have been convicted were it not for his bizarre wigs and appearance.
The jury is only permitted in these cases to hear a small portion of the actual evidence. The judge in the Hernandez trial has made a series of pro-defense rulings, which exclude evidence that common sense would dictate as relevant. The texts by the victim which make it clear he was murdered in the company of Hernandez were never heard by the jury.
The charges against Hernandez for the murder of someone who inadvertently bumped into the defendant at a nightclub were ruled irrelevant. The testimony of a witness who was (allegedly) shot in the eye by Hernandez, losing his sight, was excluded.
It is necessary to have a unanimous verdict to convict Hernandez.
Finding unanimity with 12 jurors each with their own background and biases is extremely difficult. Murders like this occur in private settings and the murdered are not present to tell their story.
When a defendant has the money to hire a dream team and is known for positive achievements in a privileged profession, it is extremely difficult to get a conviction.
LEIGH STEINBERG is a renowned sports agent, author, advocate, speaker and humanitarian. Twitter: @steinbergsports.