Suicide imperils wrongful death suit

Doctrine: Verdicts aren’t final until appeals heard

Aaron Hernandez’s sole murder conviction will likely die with the former New England Patriot through an archaic legal rule that could hamper a wrongful death suit brought against him.

Attorneys appealing Hernandez’s 2015 first-degree murder conviction told me yesterday that they will seek to have it vacated because he died before the Supreme Judicial Court heard his appeal. Under the common-law doctrine known as abatement ab initio, the verdict pegging him as the murderer of former semipro football player Odin L. Lloyd will almost certainly disappear.

The doctrine is based on the principle that until the state’s highest court hears an appeal, a verdict cannot be considered final.

“The SJC has not said it was a fair trial because they haven’t heard the appeal,” said John Greaney, a former justice on the SJC. “In theory, there could have been a bad verdict that was never analyzed. If you think it through, it makes some sense.”

Without the guilty verdict, there could be frustrating times ahead for Ursula Ward, Lloyd’s mother. Ward sued Hernandez in civil court for the death of her son, and her attorneys have been fighting for months to get a monetary judgment against the former tight end.

In February, there was a break in the case, as Superior Court Justice Renee Dupuis found that Hernandez was liable based on the murder conviction. All that remained, as of two months ago, was “the issue of damages,” according to Dupuis’ order.

But that could change if Hernandez’s conviction is wiped from the books. Attorneys for Hernandez’s estate could ask Dupuis to reverse her order because Hernandez would no longer be legally considered a killer, forcing Ward’s attorneys to re-litigate a onceproven murder case.

“The judge may have to vacate that order because there is no longer a conviction,” said David Evans, a longtime Boston-based litigator and arbitrator. “They may be starting from zero. You may have to go witness by witness.”

Ward’s legal team, however, is confident their case will continue on its current path, despite Hernandez’s death.

“The civil case is not going away, and I believe she will be able to follow through and prevail in the name of fairness,” said Doug Sheff, Ward’s lead attorney. “I think a well-reasoned court will maintain the ruling we have and let us proceed.”

On Friday, Hernandez was acquitted of the 2012 slayings of Daniel de Abreu and Safiro Furtado. There are wrongful death suits in that case too, but William Kennedy, an attorney for the families of de Abreu and Furtado, said Hernandez’s death will have no effect on the litigation.

“Our case continues, and the fact of his death doesn’t change that,” Kennedy said. “It just changes the name of the party from Aaron Hernandez to the estate of Aaron Hernandez.”