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tv   Happening Now  FOX News  April 15, 2015 8:00am-9:01am PDT

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maybe future brother-in-law get shot execution-style and does nothing? it is unbelievable. martha: he is aaron hernandez. other people will go ahead shoot his fiance's sister's boyfriend in front of him and get away with it. plus his dna was placed at scene. >> exactly. martha: that made it i am possible. >> at the beginning it would have inured themselves with the jury. martha: much the same way the tsarnaev attorney said he did it and. bill: there was calculation, what you say in the course of evidence and testimony that would lead his attorneys to finally put him in that place at 3:00 in the morning, a couple of miles from his house half a mile from his home. >> the question is believability. would we lose all credibility with this jury if we maintain what we said in the opening which is that he had nothing to do with this? or are we going to help the government by admitting the obvious. >> when i'm looking at a jury,
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you know, especially in state court, you're two feet away, three feet away from 12 human beings you're interacting with them, they spent 10 weeks together. even though they don't speak trust me, there is very different relationship. there is a non-verbal relationship. you have to be able to stand up there with credibility and confidence and make your arguments why there is reasonable doubt and here you couldn't do that by saying he wasn't there. he had nothing to do with it. >> why didn't they do that at the beginning and came in the way it was? >> my guess is you don't know how the evidence will come in. martha accurately states it was on national television when the boston bomber got caught. there was no issues whether he was there or involved. you do give that up right away. here you don't know if witnesses fall apart or which way evidence falls. >> this is the problem defense lawyers face when the evidence is technical and forensic. as we said earlier it can't be cross-examined. a good defense lawyer can place
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a lot of doubt in a juror's mind about the ability to see and hear and remember of an eyewitness but you can't do that with a computer chip or marijuana stain or dna evidence. >> right. martha: we want to point out jon and jenna will come up in a moment. we're holding over at the top. we'll be listening to the sentencing of aaron hernandez. we also just received word that yours sewell la ward, the -- us la ward the mother of odin ward watching entire proceeding in the front yorow every day she will make a victim impact statement a part of what we are to see. that is hernandez's mother and hernandez's fiance on other side of the courtroom. you will see ursula ward as she watch this is play out as well. bill: picking up a little bit on twitter, massachusetts state police, on the same day they're recognizing a moment forever in the boston, massachusetts, for the marathon bombing which is
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40 miles northeast of fall river here. proud of the bristol d.a.'s office. our massachusetts state police detectives and north attar borrow police department worked endlessly to achieve today's hernandez verdict. was this a difficult verdict however, to arrive at? >> i do think so because of the we talked about mountain of evidence they had to go through circumstantial evidence. there being no fire or being no weapon. it was difficult -- bill: you had defense put on only three eyewitness. >> i keep coming back to the closing argument. i think they behave away the store on that closing argument. >> may have under cut their credibility by initially saying my client is not guilty. all of sudden closing arguments he was at the scene but didn't pulltrigger. >> when you have circumstantial evidence case like this you want as much evidence there is. the more technical evidence that you can amass, as lis said, brick by brick, more obvious in
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their minds, they're told don't form judgment until the case is over they're human. beings. they're forming judgments. the more the bricks there are the stronger the cases. >> bill, trying to defeat that even in the opening statement ladies and gentlemen, the prosecutor will come in here with a avalanche of evidence, i think you need to focus on the fact the quality of evidence, not the quantity of evidence. you will hear 439 exhibits. but if it's a meaningless exhibit or -- then you have to discard it. martha: arthur, i keep thinking of another football player case, the o.j. simpson case -- >> did you have to raise that? martha: can't help it. everybody watched that courtroom play out and was waiting for him to be found guilty but there was a lot of circumstantial evidence in that case. >> that is called jury nullification. >> the jury was -- >> racial implications in that case pretty much nullified the
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force of the evidence. >> right. >> prosecution certainly made mistakes. >> you pointed out brick by brick there was no other reasonable explanation that he did it, correct? >> yes. >> there was no rhinable doubt. took a while to get there. >> that is superb argument that there is no other explanation how this guy is dead but he did it. that is the essence of the government's argument. >> easier case for the prosecution, in a sense in massachusetts not true in all states you don't have to show he was one that pulled the trigger. that he was there and informed the intent. that is murder in the first agree in massachusetts. >> they were really ray praying for probably from day one a second-degree murder conviction. his fiance hysterically crying, i believe a young child is involved, at least they had a shot, 15 and 20 years when hernandez will be in his 40s old man like me, being released
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and now that's gone. bill: when you go about picking jurors in a case like this you may not know aaron hernandez in the state of colorado. in the commonwealth of state of massachusetts he is star tightened for the new england patriots. how are you then judicious separating feelings fans may have knowing you have a celebrity on the stand given the seriousness of the charges you have to consider? >> i honestly don't know who does the picking in massachusetts. in new york, lawyers do. in the federal system where lis practiced and new jersey where i was a judge the judge does the interrogating. the judge's job is to make sure people can be fair and honest. bill: what question do you ask? >> if i could, i was in the situation when i represented lawrence taylor in new york in federal court it was civil case, not a criminal case but correct, in federal court bill, martha, usually the judge participates. what happens everyone knew him.
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i mean everyone knew him. the housewives in westchester knew him. knew him from movies and "dancing with the stars.." it is difficult question you asked. it is hard to figure out. i will tell you giant fans the guys that said die-hard giant fan wound up getting on jury, even though very, very swift verdict in lawrence's favor he was one most reluctance to find in lauren's favor which blows your mind. oh he is a fan loves him and admirers him. >> seriousness of which i believe having been a juror, jurors take this process. >> i agree. >> they should. martha: they understand they are putting this man behind bars for the rest of his life. but i think that also speaks how compelling the confluence of this evidence ultimately was for them. >> jurors often shed their experiences and their prejudices and enter the shell, the womb almost of that courtroom, for the time period that they're there, and focus on the facts in that case, particularly, when
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the government wants to take away liberty forever. >> it is no the a question, whether you know the defendant, as in arthur's case or this case. it is whether or not even though you know the defendant, you look the defendant like the defendant's team and you have read about this in the newspaper seen it on television, barring all of that, can you still be fair and impartial in rendering a verdict? that is the test. if you ask people have you heard of him or heard this crime in day and age of all these big cases no, i haven't, i know that person, i never heard of it, i doesn't want them on my jury they have been living and you stone or they're lying. >> if you said you have been a juror and i have not, seriousness people take their oath the jury should not have known he is facing life, correct, judge? >> yes. >> jurors are not supposed to know what the potential -- martha: sentence is not jury's issue. guilt or innocence is the jury's issue. >> they would only know that if they went on google or online.
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>> probably common knowledge, particularly in light of other events in massachusetts this type of conviction -- bill: they know whether the death penalty is on the table. >> they would if they have to be death penalty qualified. in massachusetts. for federal court. bill: you know this evidence very well. if you take the verdict the jurors verdict as it is now did aaron hernandez do a good job trying to cover his tracks, or not? >> he did not and video surveillance when he came home from now the killing, at his own home, shows him with as martha was talking about, not a box, but a heavy item that looked like a gun. this is his own home video taken moments after that. he rent ad car, this nissan, this silver car. all the pings for the cell phone we were talking about before, that put him there at the scene, where the defense lawyers admitted to it or not. being so sloppy frankly leaving
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dna at two places in the crime scene. on marijuana joint and piece of gun near the shell casing that is it is not showing you giving you an eyewitness. certainly i have abouting you a lot of evidence. bill: giving you premeditation is convincing of odin lloyd to get in the car and drive to the industrial area? >> no. premeditation aspect takes place in the their minds forming agreement to do it. the persuading of odin lloyd is beginning of that plan. bill: could that be a day before or minute before? >> judge it could be a minute before. could be a second before. could be right at scene, when you decide to shoot him in the head as oppose todd shoot him in the big toe. martha: hadn't they asked him to come up? he was somewhere else and asked to join them going to a party? >> all made up. martha: it was a lot appears planning. >> talking about agreement to commit murder. not talking about a commercial transaction where everything is
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written down and signed by people. these agreements happen a little bit here, a little bit there, often in a very short period of time often preceding the actual killing. >> that is an important point to make about premeditation. people get this wrong. they think premeditation, you must have been planning this for hours and months. >> blueprints. >> blueprints and contingency plan a b c. no it can be right at the moment i decide to do it. that is premeditation in the eyes of the law. >> give you current example, the police officer in south carolina, killed the guy he was with correct me if i'm wrong, colleagues he is charged with premeditated murder. >> he didn't wake up that morning. >> i don't think prosecutor will argue at trial that he woke up and he planed to kill this man but, in those moments when you shoot someone eight times in the back, you're thinking about what you're doing. >> the duration of the time to kill as a thought process in. that is the premeditation. the first bullet might not have been premeditated but the second
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through the 8th were. talking about south carolina. martha: definitely. we watch the scene as aaron hernandez awaits to hear his fate. we know it's a life sentence he will receive. the question is, will he speak? universities is a la ward will -- ursula ward will speak, odin lloyd's mother watching this throughout. this is difficult day for a guy with life of promise that went so much wrong. bill: so much thrown away. verdict is in. aaron hernandez awaiting his fate. based on state law in commonwealth of massachusetts, spend the rest of his life in prison with no chance of parole. one hour ago when the verdict came down and the judge in the case turned it over to, the jurors to read their verdict. we'll replay the clip and remind you what happened 60 minutes ago. what happened here.
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arthur aidala. lis wiehl, judge andrew napolitano. is here. what do you expect will happen next judge. it is your courtroom. >> the court will be pronouncing she received the verdict. anybody related to decedent that wants to be heard. they essentially have limitless time to speak. most judges would stop it at 20 to 45 minutes. nobody takes that length ever time. often emotional speech. sometimes read verbatim. >> crimes they're screaming at defendant. bill: why does it have to happen today? >> because there is no reason for a delay. bill: perhaps families of victims would like to really express their feelings at this moment. only it has only been digested 60 minutes. >> here is how it would work out. the families of the victims do
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not have a lawyer in the courtroom. non-lawyer will stand up to say to the judge could you possibly delay this? or ask the prosecutor, right? >> the prosecutor may go to them to say what do you want to do. >> no harm putting this off for a day or so. martha: i would imagine, odin lloyd's mother, who has been sitting here throughout this process probably walked in there today, thinking if this goes way it goes i will have my moment and may well have prepared for it. >> again, victim impact statements are moot, they are meaning lis legally in a case where the sentence is fixed by law. it is only where the degree of harm determines the length of time in jail that the judge really wants to hear from the victims. so the reason these victims will speak is to attempt to bring some closure psychologically and emotionally to them. but legally this does not move the dial. that is reason why normally sentences take place long after the verdict comes in.
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they want to give victim impact statements. they want the defense's background. history all of that kind of thing. all that information wouldn't necessarily come out at the trial itself. and they can evaluate that coming up with the sentence. >> your point about being prepared? there was one trial that i lost, that i didn't verdict was against my client, that i did not anticipate. now i had to make arguments like guilty and judge goes, okay mr. aidala. why shouldn't i put your client right now? i'll tell you, martha, even though you're the big bad defense attorney you're emotionally drained. you're disappointed especially with it's not a verdict you're predicting and you know, i stumbled through it but i learned a lesson. every time no matter what i think the verdict is going to be, i'm prepared my client is going to be convicted. i have all my arguments why he should remain out on appeal and i wouldn't be surprised if people have prepared for this moment as well. >> especially since there isn't that opportunity to influence what the sentence is going to be
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and today was going to be the end of this trial as soon as they heard the jury vehicled -- verdict came in. aaron's fiance she and his mother have left the courtroom. they dissolved in tears when they heard the outcome of the jury's verdict and are not sticking around for the sentencing phase. he's going nowhere for the foreseeable future. >> it was about 60 minutes ago when this happened inside that courthouse. >> madam foreperson, in 2013-973-a charging the defendant, aaron hernandez, with murder, what say you? is the defendant not guilty, guilty of murder in the first degree or guilty of murder in the second degree? >> guilty of murder in the first degree. >> madam foreperson by which
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theory or theories do you -- >> i kind of did. >> that from one hour ago. we're waiting for victim impact statements that we too anticipate will happen. that's what we expect now. >> i would like to thank everyone for all their concerns and all their support and everything. and i thank god for being here this morning. my name is ursula ward odin lloyd's mother. odin was the first born of three children. odin was my only son. odin was a boy of the family. he was the man of the house, odin was his sisters' keeper. olivia and shaquila.
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and after my daughter olivia had her daughter salia, odin became -- odin attended every one of sania's recitals. odin was salia's biggest supporter in all aspects of her life. olivia and shaquila had two sons, amari and chancellor who would never know their uncle odin. odin would have taught them to be like him. to have respect. and to play his favorite sport football. odin gave me a beautiful gift before he was murdered. and that was he introduced me to his girlfriend.
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odin was -- odin was my first best gift i ever received. i thank god every second and every day of my son's life that i spent with him. the day i laid my son odin life to rest -- [inaudible] i felt like i wanted to go into that hole with my son, odin.
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i will never have a grandchild from my son or grandchildren. i will never get to dance at his wedding. he will never, ever get to dance at my wedding. i will never hear my son say mommy dukes. ma, did you cook? ma go to bed. ma you're so beautiful. where are you going, ma? did you get my permission to go out? i love you, ma. i miss my baby boy odin so much. but i know i'm going to see him
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some day again. and that has given me this time to go on. we were in this courtroom every day because it's my son's favorite color. i forgive the hands of the people that had a hand in my son's murder. either before or after. and i pray and hope that some day everyone out there will forgive them also. may god continue to bless us. thank you. thank you. >> i would ask to call on odin lloyd's uncle. >> good morning. first i would like to thank the
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jury. thank everybody who worked on the case. my nephew odin was brought into my life. he was at the age of two years old and he's been with me ever since. he meant a lot to me. to see how he grew, the respect he had, the toughest thing for me is that i won't get to see him have a child and to treat that child like he did my own. my son called him uncle. the way he interacted with him
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was special to me. the way he treated friends his family especially his sisters from the age of four he was -- had a big stature and so everyone knew you do something, you have to see him. and just the way he cared for them was very special to me. >> a lot of people won't say from the outside the value and the riches he had. the world he possessed.
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a lot of times we look on the outside and forget that inside, the person they are. he was a great person. and i'm sorry for the way i stand today. but i know that the time i had with him was special. and he will always be with me. the love he had for his mother, my sister how strong she is i just want to -- everybody to
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know how good of a person he was. the smile he had on his face was -- that smile got him out of a lot of trouble with me that smile. just have to say just go ahead man. but he's a prideful guy. never wants you to give him anything without him earning it. the car that i drive today was my nephew's. he didn't want me to give it to him. he wanted to earn it. he ride his bike every day to work unless it's raining. he would say, uncle, can i get a ride to the station? if not from dorchester to norwood, jump on his bike and go
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to work. that's the kind of family we are. we work for what we want. and so i thank everybody again. i appreciate my family, the support that we have from friends, from family and that's the kind of world that he possessed that so many people know knows him, loves him. when i tell you they love him he was a very rich young man and i'm sorry that i won't get to hold his kid and treat him like he treat mine.
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all darkness must come to light. it's set and i thank you. >> your honor i would like to call olivia to address the court. she's the sister of odin lloyd. >> good morning. my name is olivia and i am odin lloyd's sister. i was only two years -- i am only two years younger than odin so i spent my whole entire life with him. he was the big brother that everybody would love to have.
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today my sister shaquila isn't here so i'm going to speak on her behalf as well. these last couple of years has been the hardest time of our lives. at the age of 25 i was asked to write my brother's eulogy. it was the hardest thing i've ever done in my life. and i wrote it with a smile because i got to write all the great memories that i had of him. i got to tell everyone how he wore the same adidas flip-flops for 12 years until there were no soul soles on him until his feet were touching the ground. as much as i wanted to buy him a new pair, he wanted those
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slippers to be his and he wore them with pride. i got to sit in frongt of a congregation of people and tell them how my brother protected me and my sister how he was such a great guy. i would wake up in the morning sometimes and my car would be messy. soon after he would come home and the car would be cleaned inside and out. he taught my daughter how to ride a bike. it doesn't feel like odin's not here. it feels like a bad dream and i'm stuck between living and reality and this dream world where he's not here and i haven't had the chance to speak with him. odin calls me every day. if he didn't call me he texted me. he would call me at work and ask me what i'm doing. odin, i'm on the work. what do you think i'm doing?
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i miss that. when my nephew was born last year, march the first thing i did was pick up my phone to call my brother and tell him he had a nephew. and even now after hours of labor, i texted him to let him know he had another nephew. and he'll never get to meet them. every day i look at my son and my daughter and my son will never know the uncle that my daughter got to meet. and i just said it feels like a bad dream. i talked to my sister and every day she tells me she loves me because i'll never get to tell my brother that. and i won't ever see him again.
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i have to go to his grave site to look at his tombstone to tell him that i love him. i'm grateful always for the man that odin was because he was a man with bride. he was a hard working man. and as everything starts to unfold about him, i sat in the courtroom. i watched online every day that i wasn't here and i smiled because odin was a great man. all of these things overshadow the fact that he got up and worked every morning. he rode his bike 10 miles. i would never do that. he did because he wanted to earn his. he wanted to make sure what he got he worked for.
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odin was a great man and i hate that i have to sit here and talk about him like this. i hate that he's not here. it's a great day today. it's a painful day because we still have to relive the fact that we're here. i see his picture on the news. i see my mom's tears, my family and i can't console them like odin would. the day we got the call that something happened to him, i just kept saying, this is not him. it's not him. we grew up in a neighborhood that wasn't the best and he's avoided all these things. he's avoided -- he was never in a gang. he never picked up guns and this is how he died.
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he was a great man and i hope everyone has an opportunity to meet him. and today on behalf of my sister and myself i thank everyone who has worked on this case to thank everyone who has reached out to us who is praying for us. i thank everyone in this court for all their hard work and the time they put into this case. and i thank you guys for today. i thank god that we're here and smiling in some way. thank you. >> the last person to address the court is cousin marsha. >> good morning, your honor.
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two years three months. it's the hardest time of my life watching my aunt having to come into this courtroom every day and hear and see the horrible things that happened to her first born son. the backbone of our family. it gave me so much joy to see her strength. she has no idea how strong she really is. i sat her every day and i just thought, she shouldn't be going through this. the family shouldn't be going through this. i don't know what tomorrow holds but i know that odin won't be there with us in body. there will be weddings, there will be graduations. there will be holidays. he won't be there. there will be more children born
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and they won't be there with them, either. we keep him in our hearts, forever in our thoughts. when my cousin passed away, odin was the one that found some way to make us all laugh and a time that was so hard odin said i don't know why you worry. she doesn't have to pay taxes. she doesn't have to pay rent. she's okay where she's at. as long as i have life i will smile. legends never die. thank you. >> thank you, your honor. your honor i think it's clear from the statements of the family members odin lloyd was well loved. you saw that family sitting in the courtroom every day and they
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were here because they believed in the process that brings us to today. the jury having found the defendant guilty of murder in the first degree for having committed an extremely cruel and atrocious killing you heard the evidence that supported that verdict. it was brutal and it was senseless so we would asked based on the finding of that verdict by this jury that the defendant be sentenced to state prison for the term of his natural life without any chance of parole. thank you. >> possession of firearm, we would ask the court to impose four to five years concurrent with the life sentence without parole and on possession of ammunition, house of correction. that sentence.
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>> thank you. does counsel wish to speak? >> obviously the court needs to impose statutory penalty on count one and we leave the remaining count for discretion. >> thank you.
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>> i would like to 2013-89-3-a, charge the count of murder. the jury returning a verdict in have murder in the first degree. you are sentenced by order of the court as follows. you're committed to the nci cedar junction for the term of your natural life without the possibility of parole. 2013-0983-v charged with the crime of unlawful possession of firearm, the jury finding you guilty and the court in consideration of the crime for
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which you stand convicted you are punished by imprisonment to nci cedar junction for a term of not less than 2 1/2 years, to not more than three years committed concurrent with the life sentence imposed on count a. vccr 2013-0983-c where you're charged with the crime of unlawful possession of ammunition after being quicked by the jury you're now stand committed and outstanding -- and in consideration of the events for which you now have been convicted you're sentenced to the house of correction for a period of one year. sir, you have the right to have your case reviewed by the supreme judicial court pursuant to law 22 e section c you're required to give a sample of your dna to be included in the dna data base. you're assessed a victim fee in the amount of $90 and you'll be given time credit for time spent in confinement pending
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disposition of this case. the sentence starts on the date of arrest june 26 2013. at this point, sir, you stand committed and you are in custody of the court officers pending he can -- execution of your sentence. >> hold on just one second. with respect to the remaining charges, does it make sense to first see what date you're getting in boston and then deal with the dates here? there are other charges in this case that were not tried as part of this case and in addition the two unrelated charges. >> yes, your honor. makes sense to me. >> yes, your honor. i would agree to wait to see what happens in boston. >> do you want to wait? >> that's agreeable your honor.
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>> thank you. >> and so this chapter of his life comes to an end. aaron hernandez, the former tight end for the boston patriots, fourth round draft pick, a guy who had a $40 million contract and well the world ahead of him going to jail for the rest of his natural life on a first degree murder conviction. welcome to "happening now." i'm jon scott. >> hi everybody. i'm jenna lee. we've been watching the breaking news including the announcement of the verdict and now the sentencing live here on fox news but certainly a lot to the story before today and there's a big story that's going to be happening afterwards so for a quick recap of what we've watched and how we got here laura joins us live with more on this story. laura? >> good afternoon. yes, we've been watching -- good morning i should say. there were gasps and tears in the courtroom today. very dramatic last hour or so from both sides of the courtroom when that verdict was read. guilty on all three counts including murder in the first degree as you mentioned which
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carries that sentence of life in prison without the possibility of parole. we heard him get that. aaron hernandez pursed his lips and looked over at his mother and fiance who were openly crying and holding on to each other. the family of murder victim odin lloyd sitting a few feet away on the other side as the verdict of the read also crying and rocking in the courtroom. lloyd's family members just gave their victim impact statements before hernandez was sentenced. lloyd's mother ursula ward talked about burying her only son saying the day i put him to rest i felt my heart stop beating. i felt like i wanted to go in that hole with my son odin saying, i will never have a grandchild from my son. i won't dance at his wedding and he won't be able to dance at mine. it took jurors roughly seven daze of deliberations to reach their verdict. jury consisting of seven women, five men. 36 hours behind closed doors. he pled not guilty to the 2013
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killing of odin lloydas dating the sister of hernandez's fiance. lloyd who was a semi football player for the boston bandits was just 27 years old when he was found shot to death in an industrial park less than a mile from hernandez's home. during the trial prosecutors told jurors hernandez and two of his associates picked lloyd up in boston telling him they were going to go out and party but instead, they drove him to his execution. prosecutors contend it was hernandez who pulled the trigger as lloyd got out of the car and then continued shooting him. they say after hernandez and his two friends returned to his home, surveillance video showed hernandez carrying what they called a pistol which prosecutors say was the murder weapon. that gun was never found. lawyers for hernandez said in their closing arguments that hernandez was present at the time of lloyd's death but was a quote, confused young man who just witnessed a murder and say it was most likely either
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codefendant otiz who killed lloyd while high on pcp. both men will stand trial later for their alleged roles. hernandez, we do want to mention, has more courtroom time to log. he's waiting for trial on another murder charge in a drive-by shooting. he's accused of gunning down two men over a spilled drink at a nightclub. we continue to monitor the situation there in that courtroom and we'll bring you more as we get it here. jon: and just as followup laura, it is believed, the prosecution's theory of the case is that odin lloyd was killed because somehow hernandez had spoken about that double homicide to lloyd. lloyd had some information about it. you know loose lips and all. and hernandez was suddenly nervous that lloyd was going to go to police with that. that's why he was killed. that was the theory. they just never were able to bring it out in court. >> they weren't able to bring it out in court and that's been discussed and a lot of people say that he was indeed getting
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nervous. not only because of that information but he knew where his secret spot was hangout spot that hernandez allegedly had and he just felt like odin lloyd was getting too close for comfort in terms of the type of knowledge that he had on hernandez. jon: thank you. let's bring into the discussion our panel. doug, with you first prosecutors obviously secured their conviction. they're feeling good about that. but what about the prospects of an appeal here? you know aaron hernandez's side is going to appeal. do they have any issues that might present some kind of a way out for him from a life behind bars? >> well jon, it's interesting. people off misunderstand that to say -- like it's a relitigation of whether he did the crime. that's not it. you have to go through the trial record and see whether or not
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the judge made any erroneous rulings, you know whether any other legal mistakes were made and of course even if he prevails on appeal the remedy is he would be retried if not overturned and then i just wanted to say one other thing about what you started with. we always hear motive is not a legal element of the crime. that's one of the lessons and take-aways of this case because you're right, jon. what was the motive? it wasn't really clear. but again it's not an element. sglop >> from here what happens next for aaron hernandez? >> he's going to be obviously -- he's going to face in a different district two other murder charges so i believe that he'll go and be tried on those. now it was set for may. that will be pushed back, i believe, but he'll be tried on those. why? because of the issue of appeal on this case. if this case were to be overturned on appeal and i think that's a very, very long shot but if it were to be
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overturned on appeal the government or the state, of course, wants to have the two other allegations litigated and see whether or not they can get him guilty on these two other murder charges. >> eric let's talk about the job that the judge did. she bent over backwards to prevent some evidence in that could have helped the prosecution. for instance, there were texts apparently from odin to one of his sisters saying you saw who i'm with nfl. apparently odin lloyd felt nervous about the trip he was going to take that night. there's other stuff that the judge ruled that would have been helpful to the prosecution getting back to this idea of an appeal. do you see any evidence? >> and that is what lis said. the judge was extremely careful they didn't have room for an appeal. judges in these cases, they want to make sure that they don't have -- they don't leave any room for the purposes of appeal.
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to make sure their rulings kind of side with the defense and make sure they're well within the realm of the law to make sure if he gets convicted that he can't appeal. he has a long road ahead of him. i'm sure his lawyers are looking into the jurors' conduct to make sure they didn't write anything on twitter or facebook or say anything to anyone. that's their next step. their long shot is to see if the jurors did anything improper which could easily get it back before another trial. jon: i want our director to put up the box. show of hands, who is shocked at this conviction? >> i was kinda. jon: that's half of a hand. go ahead eric. >> i was kind of shocked because they didn't have a motive. they didn't have a murder weapon. they threw everything into the pot to try to get something to stick and the jury was out for a week which is a very long time in this type of case although it was tried over several
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months. some jurors were not convinced when they started deliberating so i'll be interested to see if the jurors talk about what happened in the deliberations. >> the time of the deliberation would have made me nervous as a prosecutor because it went longer than usual deliberations in that. this was into the seventh day. i'm sure the prosecutors were sweating but the evidence that came in was -- it was circumstantial. it wasn't direct. it was nobody saying, yeah i actually saw him shoot lloyd. but it was really good solid, circumstantial evidence where they had, you know video surveillance and cell phone records and d.n.a. they had a lot of things to put into that kettle and brick by brick, build this case. jon: we have a couple more questions to ask. we have not taken a commercial break in more than an hour now. we want to do that and do a little business. we'll be back with you right after this.
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jenna: aaron hernandez, former nfl football player sentenced to life in prison without the possibility of parole for his first degree murder conviction of odin lloyd. a lot of questions about what's next. i know you have some questions as well. aaron hernandez faces another case for a double homicide. before we get to that lis wiehl is back with us and you wanted to talk a little bit more about the appeal and what would actually get us to a point where this particular case is officially appealed. >> if they make the appeal based on the judge's record what the judge didn't allow in or did a loul -- allow in a judge can make mistakes and that doesn't mean they get a retrial. a judge has to make mistakes that are so egregious that the verdict would have been different had she not made the
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mistakes. jenna: did you see any evidence of that? >> i saw nothing like that. as we were talking about, most of the rulings that are controversial were against the prosecution not letting in evidence the prosecution wanted and of course, that doesn't help the defense. jenna: i would like to ask you going back to the question of what's next and this double homicide because the double homicide that is yet to be tried apparently according to prosecutors, was part of the motivation for aaron hernandez to murder odin lloyd. as we go into the case what are prosecutors able to introduce because this case has been tried? >> that's a very good point. look. you know, different trial, different court, different judge hard to predict. lis made the point earlier that i think this trial will be adjourned or delayed a little bit. after all, he's just been sentenced to life in prison without parole but your question is an excellent one. it's exactly the mirror image of what just went on. in this case they weren't allowed to introduce you know
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the connection that as jon explained earlier, odin lloyd may have known to disclose it to law enforcement. on the flip side similarly they may not be allowed but it could be much ado about nothing. i'm not sure. let's not assume this is going to be a trial so quick. the guy has been sentenced to life in prison without parole. jon: and you know i thought it was so valuable today to hear the description the victim impact statements about odin lloyd. until now all the attention has been on hernandez, a guy who played in a super bowl, $40 million contract a spectacular future ahead of him and odin lloyd was a semi pro football player who was also a landscaper but when you heard his mother and his sister get up there and describe what kind of a hard working man he was, i think that really brings -- well it just brings the impact of what has been lost here. >> and that is one of the hardest parts for a defense
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lawyer because when you look at a mother's eyes or a wife's eyes and look and hear their story about what they're missing the love they have for this person who is deceased it brings the reality back to us because the defense lawyers, we have to kind of separate it. it's hard to describe but we have to separate it and compartmentalize those emotions to make sure we can concentrate on the case itself and not the violence associated with it or the person who is deceased. but the victim impact statement, that brings it all home to us at the end of any case to hear that. it's a very sad sad point in our careers and any type of trial for us. jon: thank you for joining us in our coverage today. guilty verdict of aaron hernandez. back with more in a moment. help an oil company overcome minus 47 degree temps, 5 foot ice, and 16 foot waves, to safely keep crude oil flowing 365 days a year.
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is just a really sad ending to terrible story where you had one man actually lose his life in a murder and another man losing his life because he's going to prison for the rest of it. jon: we'll be back here in one hour. jenna: "outnumbered" starts right now. >> this is "outnumbered." here with us today -- today's hashtag one lucky buy from sbn cohost of "after the bell" and "forbes on fox" every saturday morning he wakes me up. >> you wake up at 11:00 every saturday morning? good for you. >> i need my rest. do you know what i mean? >> thank you, ladies for having me. it was september i think, when i was last year. a lot has happened. a lot to report on. >> a lot of big political news. you've done an interesting interview that you'll talk about

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