In a state with the death penalty, it might matter. But in Mass, ultimately it wouldn't as a practical matter -- although I guess could have some impact on sentence. Unless the claim was that he was an unknowing passenger and thus couldn't have had any premeditation.
He wasn't charged with conspiracy, which is interesting. Because if I understood the evidence (and I admit that I was having some trouble hearing everything), he essentially texted his buddies to get down to his house to come help him do murder, which would clearly be a conspiracy. Just guessing, but one reason not to charge conspiracy is that you really can't charge just one person with conspiracy and the prosecutor was not ready yet to charge the other guys.
The way the prosecutor described the facts, there are at least two other people who (if those facts are true) clearly are guilty of very serious felonies as well. The fact that they haven't been charged yet, and that there is as of yet no conspiracy claim, would probably mean they are cooperating. If they have Hernandez pulling the trigger, this goes from a circumstantial case to a non-circumstantial case.
Anyway, this thing is just making me sick. First, the stupidity of it. It's so bumbling. It's like a Coen brothers movie. How did he imagine he would get away with it? Also, if the motive being reported is true, this can't possibly be the only time he's done something like this, can it? To execute a friend because of who he talked to is indicative of such a depraved and horrible person that it's really hard to imagine this was his maiden voyage on a crime of this magnitude. Second, and I know this overreaction, I am really having trouble with how to explain this all to my little guy -- we flew all the way to Boston to watch these guys. We high fived when Hernandez did something good. We cheered for a guy who did the worst thing in the world you can do. I know these guys are not saints, but this? Executing a guy because he spoke to the wrong guys? Man. This is terrible.
