Shooting down the "circumstantial evidence was enough to convict Hernadez" argument

[Crazy Patriot Guy]

Sorry if this has been talked about already but there's too many messages to read them all. I've heard or seen this used several times so far to show the Wells report is enough to discipline Brady. Someone mentioned to me Colin Cowherd used it on the radio this morning.

There's one huge flaw comparing this to Hernadez, or any criminal case for that matter. To compare to the final Ted Wells report, the prosecutor's opening statement would have needed to be "Ladies and gentelmen of the jury, we're here today to prove that Aaron Hernadez murdered Odin Lloyd in cold blood, but we can't positively confirm that Mr Lloyd's death was actually a homicide."

 

[skinnydog]

Actually in this case Wells was the police investigator, prosecuting attorney and Judge all wrapped in one. Think "Star Chamber". In the Hernandez comparison it would be as if the the prosecutor did all of the investigation then walked into court to present the case against an unrepresented Hernandez, then walked over to the jury box and sat down and weighed all of the evidence that he himself had found and introduced during the secret trial and then declared it reliable and finally convicted Hernandez of murder based on a finding that Hernandez more probably than not was generally aware that someone had died, possibly named loyd.

 

[BradyFTW!]

Sorry if this has been talked about already but there's too many messages to read them all. I've heard or seen this used several times so far to show the Wells report is enough to discipline Brady. Someone mentioned to me Colin Cowherd used it on the radio this morning.

There's one huge flaw comparing this to Hernadez, or any criminal case for that matter. To compare to the final Ted Wells report, the prosecutor's opening statement would have needed to be "Ladies and gentelmen of the jury, we're here today to prove that Aaron Hernadez murdered Odin Lloyd in cold blood, but we can't positively confirm that Mr Lloyd's death was actually a homicide."

"It's more probable than not that Odin Lloyd is dead, therefore Aaron Hernandez is probably generally guilty of murder and should be convicted accordingly".

 

[skinnydog]

Guilty of all charges by the well established more probably than not general awareness standard.

 

[IcyPatriot]

This thread is a fail ... really comparing a criminal case to this???

 

[TBR]

Not the greatest choice of words for that title

 

[supafly]

You're comparing apples to oranges. The burden of proof is much higher for a criminal justice case, because our system is designed to protect the innocent, even if that means that a small percentage of guilty parties get off without punishment. It's the way it should be, when you're dealing with the possibility of major punishments.

The Brady/deflategate scandal is much more like a civil case, where the "51/49" rule is used (some will say 50.1 vs. 49.9 percent). The burden of proof is significantly less.

Then there's the "Roger Goodell rule," which means that any shroud of doubt must mean that you're automatically guilty.

 

[5thRing-Hunt]

Cold blooded murder and releasing 2 psi in a football....,....wouldn't even compare those two for any reason at all