As background, the case began when a woman, Jaime Caetano, was given a stun gun by a friend to protect herself against an abusive ex-boyfriend and the father of her children. It is important to note that Ms. Caetano obtained multiple restraining orders against her ex-boyfriend that all proved futile. One night after work, Ms. Caetano’s ex waited outside her work place, confronted her, and began screaming harassing statements towards her. Ms. Caetano pulled out her stun gun and threatened to use it. The ex-boyfriend backed off and left. At a later date, Ms. Caetano was suspected of shoplifting. She consented to have her purse searched, and police officers found the stun gun in her bag. She was arrested, charged, and eventually found guilty of “possessing an electrical weapon” aka the stun gun. She appealed to the SJC on Second Amendment grounds. The SJC rejected her claim. Continue reading
Let me be clear that Judge Garsh’s ruling in December and her ruling Monday are different issues, although they seem very similar. The issue in December was whether the text messages could be shown to the jury as documentary evidence. This requires that the evidence be “authenticated,” which means that the evidence’s proponent must prove that the evidence is what it claims to be. For example, the text messages could be authenticated by Thibou testifying that the messages on her cell phone screen are in fact the messages she exchanged with Lloyd the morning he was killed. The ruling today was that Thibou could orally reference the text messages in her testimony – the text messages will still not be physically shown to the jury.
Judge Garsh limited the purpose for which the text messages could be brought in. Thibou is allowed to reference that she and her brother had been in contact the night of his murder, and that text messages were exchanged between them for the purpose of corroborating phone records that have been already been brought in during this trial. I’m assuming the phone records are just a printed out time stamp showing that between 3:00am – 3:30am text messages were exchanged between Thibou’s cell phone number and her brother’s cell phone number. The content of those messages cannot be referenced. The content is hearsay. Thibou’s emotional reaction to those text messages also cannot be referenced by her when she is on the stand. Continue reading
Good afternoon. I’m Boston criminal defense attorney Ben Urbelis, and I am going to be doing a video blog, providing updates on the Aaron Hernandez first-degree murder trial that’s currently underway. I’ve already received a lot of questions from people about different aspects of the trial that just started yesterday, so I’m here to break it down and simplify it as much as possible and also provide my own take on what I’ve seen.
Yesterday, both sides provided opening statements. Opening statements are not evidence, and the judge explained that to the jury. Opening statements are a chance for each side to provide a roadmap and lay out what their theory of the case is and what they expect the evidence to show. In all criminal cases the burden of proof beyond a reasonable doubt is on the prosecution, and since they have the burden, the prosecution is required to provide an opening statement first.
The opening statement for the prosecution was provided by Assistant District Attorney (ADA) Patrick Bomberg. He started out by painting a picture of Odin Lloyd as a hard-working family man from Boston. This is nothing unique – the prosecution, of course, wants the jury to feel as much sympathy for the victim and his family as possible. What I was looking for from the beginning, however, was a theme or theory of the case. Not only did I not see that at the beginning of the prosecution’s opening, but I didn’t see it anywhere in their entire opening statement. ADA Bomberg went from talking about Odin Lloyd as a person, to jumping into text messages between Odin and Aaron Hernandez, to talking about the other people who were allegedly present at the crime scene on the night in question, to getting straight into all of the facts that the prosecution intended to prove, along with the evidence they would intend to show the jury in the form of forensics, cell phone records, video surveillance, receipts, GPS tracking of the defendants vehicle, etc.
It was clear that ADA Bomberg had a strong grasp on all of the evidence that he would intend to show the jury during the course of the trial, down to the very last minute. He had a very strong command of the defendant’s every move both before he allegedly committed the murder and after he allegedly covered it up. Based upon the prosecutors opening statement, we can expect this trial to be filled with significant, detailed circumstantial evidence.
Now I’ve heard people say that the evidence is so strong, therefore it’s direct evidence. The strongest evidence is not necessarily direct evidence. Let me give you an example. One morning you’re lying in bed and your six-year-old daughter runs up the stairs and hands you the newspaper and says ‘mommy or daddy here’s the paper that I know you want to read, the paper boy just came to the door and handed me this newspaper to give to you.’ Your daughter’s statement that the paperboy handed her that newspaper is direct evidence that the paperboy delivered a newspaper. She saw him, he handed her the paper, she brought it to you and told you that’s what happened. Now let’s say you walk downstairs in the morning, go to the front door, walk out go to your mailbox, and there’s a newspaper there in the mailbox waiting for you. That is circumstantial evidence that the paperboy delivered the paper to your house. It’s not direct evidence because no one specifically saw or heard the paperboy come and deliver the paper. But based upon the fact that you know your paper boy delivers the paper every morning before you get up, and when you went out this particular morning there was a paper in the mailbox, you can come to the reasonable conclusion, based upon the circumstantial evidence, that the paperboy delivered your newspaper that morning. Continue reading