MA judge overturns ex-NFL star Hernandez's murder conviction

Defendant Aaron Hernandez listens during his double murder trial in Suffolk Superior Court in Boston. A judge is set to hear arguments in a push by lawyers for former NFL star Aaron Hernandez to erase his conviction in a 201

Former New England Patriots football player Aaron Hernandez attends a pre-trial hearing at Suffolk Superior Court in Boston, on Tuesday, Oct. 13, 2015. Judge Jeffrey Locke agreed to postpone the double murder trial of Hernandez while prosecutors try to get their hands on evidence now held by a law firm that previously represented him.

A MA judge has ruled to vacate Aaron Hernandez's murder conviction after Hernandez's suicide.

The judge threw out the conviction due to a state doctrine called abatement ab initio. "Abatement has been practiced in state and federal courts for more than a century", Judge Susan Garsh said in delivering her ruling from the bench in Fall River. Hernandez killed himself last month in prison while serving a life sentence.

Hernandez's appellate attorney, John Thompson, told reporters he believes it's still uncertain as to whether Hernandez took his own life.

"The defendant should not be able to accomplish in death what he could not accomplish in life", Bomberg said. Prosecutors said that Hernandez knew this and committed suicide so his fiancée, Shayanna Jenkins, could collect that money.

State police said in an investigative report that Hernandez was found naked April 19 and hanging from a bed sheet tied around the window bars of his cell.

Prosecutors have suggested that the ex-pro planned his suicide - which came days after he was acquitted in a separate 2012 double murder - in a ploy to exploit the abatement doctrine and make his family... well, rich.

The ruling comes almost three weeks after Hernandez killed himself.

Attorney John Thompson said the conviction is not considered final until it is decided by a higher court. She noted that "an appeal is an integral part of the system" and said the interests of justice do not permit a defendant to stand convicted upon d.

Lloyd's mother has filed a wrongful-death lawsuit against Hernandez. Hernandez's appeal was still pending when he hanged himself in his cell at Souza-Baranowski Correctional Center in Lancaster, Mass.

An autopsy performed by the state medical examiner's office determined the cause of Hernandez's death was asphyxia by hanging and the manner of death was suicide.

Quinn III will appeal Garsh's decision to vacate Hernandez's conviction, saying the abatement is "antiquated". He was cut from the team hours after his arrest in Lloyd's killing.

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