Aaron Hernandez, the double homicide charge, and the 2014 cap

[Urgent]

There has been a recent development in the Aaron Hernandez case that has significant implications for the 2014 Patriots.

Hernandez, as we have seen, has been implicated in a double homicide in Boston. The key point is that this occured on July 16, 2012.
Aaron Hernandez may be shooter in 2012 murders, police believe - News Local Massachusetts - Boston.com

How is this different than the other case? It's different in that it occurred before he signed his huge extension. The Hernandez contract extension was announced around August 27, 2012 - about a month after the alleged double homicide. The crime for which he is in jail occurred after he signed the contract.

According to Joel Corry with the National Football Post, the key language in the contract is Hernandez's "warranties that there were not circumstances preventing his availability to the Patriots."
https://twitter.com/corryjoel/status/423878834526502912

Involvement in a recent double homicide is a circumstance that would prevent his availability.

Scholars of the CBA can weigh in to provide insight into exactly what would enable termination of the contract. Presumably being charged with such a crime would provide the ability to terminate the contract, based on his lack of availability.

Hernandez, per Miguel, is owed a guaranteed payment of $3.25mm in March of 2014. If the contract is voided, that automatically is wiped out - a portion of the huge $7.5mm cap fee due to Hernandez.

The remainder of the cap charge, as I understand it, is related to money already paid (or possibly owed) Hernandez. The removal of that would be dependent upon actually getting that money back. This is similar to the Fanene case.

The Patriots immediately released Hernandez, understanding that there would be a huge cap cost in 2014. If Hernandez is formally charged in the 2012 case, there may be significant implications for the 2014 Patriots salary cap, and their ability to afford players like Talib, Edelman, Wilfork, or others.

This is not in any way celebrating cap relief based on this terrible crime. However, if the Patriots can avoid paying more money to this former player, and can successfully get money back from this alleged criminal, good for them.

 

[PatsWickedPissah]

I had read the same a few days ago. My understanding is that the grand jury would need to indict him for the double murders for this cap relief to even become a consideration. Were that indictment to actually occur, it is still not clear to me that the cap relief is a slam dunk. Anyone know more details?

 

[everlong]

I hope they get the cap relief but I'm not holding my breath. If it was another team the press would chime in that they should. If it was say Santonio Holmes the commish would have already have given that team a credit.

 

[upstater1]

I hope they get the cap relief but I'm not holding my breath. If it was another team the press would chime in that they should. If it was say Santonio Holmes the commish would have already have given that team a credit.

Still boggles my mind that the Jets and Cowboys were given cap relief by the league office a few years ago.

 

[ctpatsfan77]

There has been a recent development in the Aaron Hernandez case that has significant implications for the 2014 Patriots.

Hernandez, as we have seen, has been implicated in a double homicide in Boston. The key point is that this occured on July 16, 2012.
Aaron Hernandez may be shooter in 2012 murders, police believe - News Local Massachusetts - Boston.com

How is this different than the other case? It's different in that it occurred before he signed his huge extension. The Hernandez contract extension was announced around August 27, 2012 - about a month after the alleged double homicide. The crime for which he is in jail occurred after he signed the contract.

According to Joel Corry with the National Football Post, the key language in the contract is Hernandez's "warranties that there were not circumstances preventing his availability to the Patriots."
https://twitter.com/corryjoel/status/423878834526502912

Involvement in a recent double homicide is a circumstance that would prevent his availability.

Scholars of the CBA can weigh in to provide insight into exactly what would enable termination of the contract. Presumably being charged with such a crime would provide the ability to terminate the contract, based on his lack of availability.

Hernandez, per Miguel, is owed a guaranteed payment of $3.25mm in March of 2014. If the contract is voided, that automatically is wiped out - a portion of the huge $7.5mm cap fee due to Hernandez.

The remainder of the cap charge, as I understand it, is related to money already paid (or possibly owed) Hernandez. The removal of that would be dependent upon actually getting that money back. This is similar to the Fanene case.

The Patriots immediately released Hernandez, understanding that there would be a huge cap cost in 2014. If Hernandez is formally charged in the 2012 case, there may be significant implications for the 2014 Patriots salary cap, and their ability to afford players like Talib, Edelman, Wilfork, or others.

This is not in any way celebrating cap relief based on this terrible crime. However, if the Patriots can avoid paying more money to this former player, and can successfully get money back from this alleged criminal, good for them.

IIRC, here's what the Prisoner filed a grievance seeking:

* $3.25M of his signing bonus that was deferred
* $1.32M in guaranteed salary for 2013
* $1.14M in guaranteed salary for 2014
* $500K workout bonus for 2014(?)

The first of those is on the cap already, but the latter three are not.

If the Prisoner were indicted in the other case, the Pats could then go after ALL of the signing bonus, since it would have been paid at a point where he was already in breach of the contract.

 

[resdubwhite]

I mentioned it the other year. Until all the legal stuff is sorted ( and it could go on for quite a while) then the teams best bet is to see if they can defer some of the 7.5 million into 2015.

they may get some leeway. Maybe not. not sure if there's even a precedent for it.

 

[varjao]

The evidences were strong about 2 weeks before the arrest, maybe more, the Pats knew very well what to do in the case of things going that way, they probably studied all scenarios and also knew that they could have avoided some cap hit by not releasing him and waiting for the beginning of training camp in a few weeks. Yet, they released him in the blink of an eye which at that time the majority of people thought it was the best and the only decision to make.

My question is, what would be your feeling and the general media sentiment, other fan bases, if they held his contract a little bit and released a note saying something like, "We will release the player in 2 weeks when the training camp starts this way he is not making any more money from our organization and NFL, we are sorry for the involvement of one of our players in this investigation, sorry for the loss of a life, family stuff, etc... and the NE Patriots organization are not interested in have any other relationship with the player whatever is the outcome of the legal process, we consider him already released, we are only waiting to officially release due to legal issues".

??

 

[PatsWickedPissah]

Still boggles my mind that the Jets and Cowboys were given cap relief by the league office a few years ago.

That gift was built into the CBA as a gift to those 2 favored owners & franchises.

 

[FreeTedWilliams]

I had read the same a few days ago. My understanding is that the grand jury would need to indict him for the double murders for this cap relief to even become a consideration. Were that indictment to actually occur, it is still not clear to me that the cap relief is a slam dunk. Anyone know more details?

You can indict a ham sandwich, indictments mean almost nothing legally, I would think that only a conviction would void the contract.

Still they are going to need witnesses to convict Hernandez and it doesn't look like they have any! I wouldn't be suprized if he got off (and then the Jets signed him).

 

[PatsWickedPissah]

I don't fault the Pats for taking the talented but known troubled TE prospect as a mid round risky pick. Had he crashed and burned day one it would have been expected for a pick in that round. I DO fault BB/Kraft for giving him a big cap new contract with no conduct clause whatsoever that would have voided these future cap hits. That seems borderline incompetent or sloppy at best from guys with lots of league and business experience. What were they thinking?

 

[PatsWickedPissah]

You can indict a ham sandwich, indictments mean almost nothing legally, I would think that only a conviction would void the contract.

PWP: Probably so

Still they are going to need witnesses to convict Hernandez and it doesn't look like they have any! I wouldn't be suprized if he got off (and then the Jets signed him).

NFW he walks on the Lloyd murder. Most guys in prison for that deed had far less evidence against them.

I think he skates on the double murder because aside from a car that looks like a car that was seen the night of the murder and witnesses testifying that AAron was at the club that night and drover around the club afterwards in a car that looks like the one in his uncle's garage, there's too little to convict.

As to the probably facetious playing for the Jets remark, the gun charges alone keep him in prison until 30.

 

[ctpatsfan77]

The evidences were strong about 2 weeks before the arrest, maybe more, the Pats knew very well what to do in the case of things going that way, they probably studied all scenarios and also knew that they could have avoided some cap hit by not releasing him and waiting for the beginning of training camp in a few weeks. Yet, they released him in the blink of an eye which at that time the majority of people thought it was the best and the only decision to make.

As I've pointed out before, the key is that they decided that the financial cost of cutting Hernandez immediately was less than the PR cost of having this case drag out with the media being able to say "Patriots TE" rather than "former Patriots TE."

 

[JMC00]

I DO fault BB/Kraft for giving him a big cap new contract with no conduct clause whatsoever that would have voided these future cap hits. That seems borderline incompetent or sloppy at best from guys with lots of league and business experience. What were they thinking?

Pretty sure the only cap hits were this year and the $7.5 million next season.

 

[DarrylS]

NFW he walks on the Lloyd murder. Most guys in prison for that deed had far less evidence against them.

I think he skates on the double murder because aside from a car that looks like a car that was seen the night of the murder and witnesses testifying that AAron was at the club that night and drover around the club afterwards in a car that looks like the one in his uncle's garage, there's too little to convict.

As to the probably facetious playing for the Jets remark, the gun charges alone keep him in prison until 30.

Not so sure about the double murder, they certainly seem to be taking their time and are covering every angle...

IMO the Lloyd murder seems like a slam dunk, if and when it gets to trial.

 

[PatsWickedPissah]

Pretty sure the only cap hits were this year and the $7.5 million next season.

Yes, the $7.5M cap hit is the OP's point.

 

[IllegalContact]

AH legal stuff will not resolve for some time......any relief will come further down the road

 

[Miguel]

Joel Corry tweeted on the 16th - Pats can't get cap relief from anything they don't collect from Hernandez. Any $$ already paid has probably been spent.

 

[MassPats38]

I don't fault the Pats for taking the talented but known troubled TE prospect as a mid round risky pick. Had he crashed and burned day one it would have been expected for a pick in that round. I DO fault BB/Kraft for giving him a big cap new contract with no conduct clause whatsoever that would have voided these future cap hits. That seems borderline incompetent or sloppy at best from guys with lots of league and business experience. What were they thinking?

The only conclusion I could come up with was a reduction in the overall contract value based on the absence of that clause. But the contract was not that low in terms of what the best TEs would earn to justify the exclusion of that provision.

It just seems with the Myra Kraft Foundation donation provision in the contract and all the PR preceding the deal of fiancees and children and new beginnings that the Pats bought into the hype, and somehow believed that would have signaled a lack of trust and somehow break the deal. It seems a very standard clause, and few could argue that it is unreasonable not to commit crimes while with the organization (unlike the Bengals, who I believe actually had incentives built into their contracts for criminal acts).

 

[MassPats38]

Joel Corry tweeted on the 16th - Pats can't get cap relief from anything they don't collect from Hernandez. Any $$ already paid has probably been spent.

Am I reading that post right, Miguel? An unjustified payout and subsequent debt owed by the player remains a cap hit until the debt is recouped? That just seems strange as it indicates a team is penalized for a mistaken/erroneous payout. I thought the cap calculations ran on contract terms and interpretations of the same, not real dollar accounting.

 

[upstater1]

Joel Corry tweeted on the 16th - Pats can't get cap relief from anything they don't collect from Hernandez. Any $$ already paid has probably been spent.

But aren't they withholding a deferred signing bonus that counts against the cap right now? Someone wrote it's $3.5m