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That will be up to a court or arbitrator to decide based on the exact wording, context and precedent of the contract. If I were sitting in jail I wouldn't get paid for my job based on the presumption of innocence and neither would anyone here I'm sure. AH's situation is different but his contract and someone else will determine that, not "the presumption of innocence".Hernandez allegedly committed a heinous crime. The presumption of innocence (albeit interesting) should be held in the highest regard. If Hernandez is legally entitled to whatever money the Patriots owe him, so be it.
The world isn't a fair place. Just because you may have done something doesn't mean you should be screwed out of something unless there is precedent.
If I were the Patriots I would do what they're doing, not pay him a single dime until a legal authority tells me I have to. Then I would pay it.