Hank Brennan, Former Prosecutor and Defense Attorney, Provides Commentary on the Aaron Hernandez Trial

AddThis Social Bookmark Button

The murder trial of Aaron Hernandez, former tight end for the Super Bowl Champion New England Patriots, is entering Day 13 as the defense continues its attempts to discredit the prosecution’s case witness by witness.

Speculation continues to swirl around the possibility the former 2010 Round Four NFL Draft pick facing three murder charges, including that of semi-pro player, Odin Lloyd, will take the stand in his own defense.

Speaking with Hank Brennan, former District Attorney in Suffolk and Essex Counties who is well acquainted with the courtroom, highly skilled in trial advocacy, and most recently defended notorious mobster Whitey Bulger conducting the majority of cross examination.

Brennan addressed the pitfalls associated with high profile clients or, in reality, anyone taking the stand, and how juries tend to interpret the apparent “truth seeking” action.

Janet Walker: Speaking directly do you think Mr. Hernandez should take the stand in his defense?

Hank Brennan: Generally, I prefer that my client refrain from testifying.  The government has to prove each element of the indictment beyond a reasonable doubt. It is not incumbent upon a defendant to prove his or her innocence. Ironically, innocence has nothing to do with it.

A funny thing happens when an accused takes the stand. The burden of proof seems to dissipate and jurors often engage in an analysis of which side they believe more.

An accused testifying impliedly creates the transformation of the burden of proof to an assessment of whether or not the accused is innocent. The protection provided by the burden of proof and the reasonable doubt standard is awfully important an asset to trade for the opportunity to have a client testify.  

JW: Can you explain?    

HB: There are generally three factors that come into play.  

First, how the case has developed in front of the jury?  The facts presented to a jury appear differently than they appear in police reports and witnesses statements. That is because credibility of witnesses is the biggest variable in any case thus the extraordinary significance of cross-examination.

Secondly, asking what facts remain that are detrimental to the defense after the prosecution has rested its case and deciding whether the attorney and client believe a conviction is imminent without an adequate explanation. If the negative factors can be dealt with then the risks in testifying often outweigh the potential benefits.  

Thirdly, how credible will the accused present?  Are there facts that can be convincingly explained, is the accused convincing, what evidence will be admissible if the accused testifies that otherwise would not be presented to a jury? 

JW: What if a client insists fearing the truth will not be presented otherwise?

HB: I have had many cases where clients demanded to testify simply because they wanted to. I have had other clients who prepared and planned on testifying but by the time the prosecution rested there was no need for their testimony and they refrained.

It is a case by case assessment that requires critical analysis of the evidence actually presented at trial.

Hernandez's defense lawyers will be in the best position to determine whether his testimony would benefit or hurt the case.

Observers and commentators may have their own opinions based on the indictments, their subjective hope that Hernandez testifies to add to the excitement of the event, and their observations about the presentation of evidence, however, they will never have the necessary insight relative to the third factor, In consequence, opinions outside of the defense teams assessment will necessarily be missing an essential part of the equation and is simply guess-work.  

Hernandez Background

The facts surrounding the trial include big seductions which bring shady friends, questionable backgrounds, drugs, guns, fast cars all in the attempt to surf the life or cause the demise.

Hernandez had a bright and promising career with the Pat’s.  Limited injuries and what appears to be a personal challenge with fellow fourth round draft pick placekicker Stephen Gronkowski who migrated to tight end.

On June 26, 2013, Aaron Hernandez was arrested for first degree murder of Odin Lloyd, a friend, and five unrelated gun charges. He was also named in a lawsuit stemming from a Miami shooting incident.

He was released from the New England Patriots the same day. He has remained held without bail since.

On August 2013, Hernandez was formally indicted by a grand jury for the murder of Odin Lloyd. The following May 2014, he was again indicted for the 2012 double homicide of Daniel de Abrwu and Safire Furtado.

Explosive bits of information including PCP drug use by the former Pro-player, multiple weapons, immediate “housecleaning” after the murder, texts messages, conflicts of interest, all raising additional motions of admissibility.

If the jury finds the former NFL Top 100 Pro Bowler guilty, he could face life in prison. 

 

Haute Tease

  • Think Media and Vice Films Debuts FISHING WITHOUT NETS Trailer

    AddThis Social Bookmark Button

    Shot in East Africa with Kenyan actors of Somali descent and directed by 2014 Sundance award-winning director, Cutter Hodierne, "Fishing Without Nets" tells the mesmerizing and sobering story of the bandits from the Somali point of view.

     
  • Lesli Linka Glatter To Receive 26th Annual Franklin J. Schaffner Alumni Medal

    AddThis Social Bookmark Button

    The American Film Institute (AFI) announced celebrated director/producer Lesli Linka Glatter, an alumna of the AFI Conservatory Directing Workshop for Women (DWW), will be honored for extraordinary creative talents with the Franklin J. Schaffner Alumni Medal on June 9, 2016.  

  • Sara Bareilles to Deliver "IN MEMORIAM" Performance During the 89th OSCARS® as More Than 200 are Recognized

    AddThis Social Bookmark Button

    Grammy® and Tony® nominated singer and songwriter Sara Bareilles will deliver a special "In Memoriam" performance during the 89th Oscars® ceremony, show producers Michael De Luca and Jennifer Todd announced today.  

  • Ten Game-Changing Cocktail Trends - From Whimsical To Wild

    AddThis Social Bookmark Button

    Mix up your spirit selections and take your soirées to an unforgettable new level this season with libations that eradicate expectations. There’s no need to hit the bar for a stellar craft cocktail, as killer concoctions are a snap to make at home!

     
  • Beginner’s Guide to Botox: What To Know, Ask

    AddThis Social Bookmark Button

    Data from The American Society of Plastic Surgeons revealed in 2015 over 6.7 million Botox procedures were performed. That number continues to increase as young women "Baby Botox'ers," are opting for the minimally invasive procedure as a preventive measure.

Crime

  • Boston Man Charged In Child Kidnapping Cannibalism Plot

    AddThis Social Bookmark Button

    Geoffrey Portway, the final of three men who met online, has been charged with sending explicit messages that included plotting to kidnap, rape, torture, and murder children and then dismember and eat them.

     
  • Organized Crime Boss James “Whitey” Bulger Convicted

    AddThis Social Bookmark Button

    James “Whitey” Bulger, the organized crime boss who fled Boston and lived 16 years as a fugitive, was convicted of murder, extortion, money laundering, drug dealing and gun possession.

     
  • Theater Shooter Charged; Prosecutor Plans Two Fold Strategy

    AddThis Social Bookmark Button

    Accused theater shooter James Holmes was officially charged for the crimes committed during the midnight screening of the Warner Bros film, "The Dark Knight Rises."

     
  • Court Upholds Second Chance at Justice for Pennsylvania Youth

    AddThis Social Bookmark Button

    Pennsylvania Superior Court’s recent ruling vacating a lower court’s decision, may just grant Jordan Brown, the Pennsylvania 12 year old convicted of murdering his father’s fiancée and her unborn child, a desperately needed second chance at justice.

     
  • Michael Skakel, Kennedy Cousin, Set To Be Released

    AddThis Social Bookmark Button

    Michael Skakel, nephew to the late Robert F. Kennedy, is set to be released from the Connecticut prison where he has spent the last 11years for the 1975 bludgeoning death of neighbor Martha Moxley.

Theatre, Music, Books

  • An A-List Line-Up of the Most Acclaimed African American Talent Join For One Night Celebrating the Spoken Word with Music and Dance

    AddThis Social Bookmark Button

    WordTheatre’s Storytales: Featuring celebrities performing stories from acclaimed African-American author John Edgar Wideman’s literary anthology ‘Briefs’ at the Ford Amphitheatre Saturday October 6, 2012.

     
  • Blondie and Garbage To Co-Headline Rage And Rapture Summer 2017 Tour (Music/Tix Links)

    AddThis Social Bookmark Button

    Blondie & Garbage announced their North American tour will kick off on July 5th in Saratoga, CA and wrap on August 12th in Dallas, TX. John Doe & Exene Cervenka will provide support on the first leg of the tour and Deap Vally for the second.

     
  • The Art Of Discovery - Photographs By WireImage Co-Founder Jeff Vespa

    AddThis Social Bookmark Button

    LOS ANGELES, Ca. USA -  Jeff Vespa, co-founder of the largest entertainment photo agency in the world, WireImage and founder of Verge, will release his first monograph, The Art of Discovery, this October on Rizzoli International Publications.

     
  • Celebrities Pay Tribute to Jerry and Elaine Orbach During Launch of Remember How I Love You

    AddThis Social Bookmark Button

    Celebrities, family and friends of the late Jerry and Elaine Orbach gathered recently, at The Snapple Theater Center in Manhattan’s Theater District, to honor them with readings from their newly released book, “Remember How I Love You - Love Letters From An Extraordinary Marriage.”

     
  • NYPD Green Book Review - Page Turning Detective Thriller

    AddThis Social Bookmark Button

    NYPD Green, a memoir from Luke Waters, details his life from undocumented Irish immigrant to ranking detective in one of the largest police departments in the world solving horrendous cases and the interactions and working with other judicial agencies.