San Francisco Chronicle

Hernandez murder conviction is erased

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A Massachuse­tts judge Tuesday erased a 2013 murder conviction against former NFL tight end Aaron Hernandez, ruling that case law in the state has long establishe­d that defendants who die before their appeals are heard should have their conviction­s vacated.

Bristol County Superior Court Judge E. Susan Garsh said she was compelled to follow precedent in ordering that Hernandez’s firstdegre­e-murder conviction be dismissed in the death of semi-pro football player Odin Lloyd. Hernandez killed himself in prison last month while serving a life sentence.

Lloyd’s mother fought back tears after the ruling Tuesday.

“In our book, (Hernandez is) guilty, and he’s always going to be guilty,” Ursula Ward said.

Prosecutor­s said they would appeal the ruling to the Massachuse­tts Supreme Judicial Court.

Lawyers for Hernandez said his conviction wasn’t considered final because the automatic appeal to which he was entitled had not been heard.

Prosecutor Patrick Bomberg said Hernandez’s suicide was a “calculated act.” He cited a report issued from the Department of Correction that said Hernandez told another inmate he had heard a “rumor” that if an inmate has an open appeal on his case and dies in prison, he will be acquitted.

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