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Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network.
To speak to Sam about a criminal matter call (617) 206-1942.

Posted On: June 21, 2013

A BOSTON CRIMINAL LAWYER HAS A SUGGESTION FOR AARON HERNANDEZ DURING THE MASSACHUSETTS MURDER INVESTIGATION

Yesterday, we discussed the Commonwealth’s latest high-profile murder matter. It is currently at the criminal investigation stage. Yesterday, a famous suspect seemed to be taking legal advice in this matter by a well-known firm…albeit not for criminal defense. Naturally, various folks were throwing in their two cents worth of advice.

Some of that advice was not worth that amount.

Things have worsened. According to CBS, an arrest warrant has been issued for Patriots tight end Aaron Hernandez. The charge, at least at this time, is not for murder. The source is of this news is said to be connected to law enforcement.

According to that source, the arrest warrant has been issued on a charge of obstruction of justice. The source also added that it is possible that charges could eventually be upgraded.

It is expected that State Police will be responsible for arresting Hernandez, but it is not yet clear when and where Hernandez was going to be arrested.

The matter stems from the discovery of the body of 27-year-old Odin Lloyd of Dorchester which was found Monday in a field in North Attleboro, about half-a-mile from Hernandez’s home. Mr. Lloyd had apparently had been shot in the head.
According to sources, Mr. Lloyd was driving an SUV that had been rented in the name of Hernandez. He was also dating a woman who is the sister of Hernandez’s fiancée.
Earlier this week, a lawsuit was filed in Florida, accusing Hernandez of shooting a man in the face after an altercation at a strip club.
The criminal justice noose is tightening.

What is a suspect to do?


Attorney Sam’s Take On Obstruction Of Justice And Effective Assistance Of Counsel

Yesterday, I wrote about the fact that Hernandez would be very foolish to follow advice that told him to disregard legal counsel and make statements to police and press so that he could preserve his image.

Of course, there is one proviso to what I said. That attorney should be experienced counsel…in this case, a talented criminal defense attorney!

I do not know what Ropes and Gray does for Mr. Hernandez. However, they are not known as criminal lawyers. You would be ill-served to retain my services to help you handle your complicated trusts and estates, or pull your teeth. I am a criminal defense attorney. Experienced too, by the way.

But I digress again.

“Sam, what kind of criminal defense attorney are you? You keep saying that Hernandez should keep his mouth shut, but now they are charging him with not cooperating!”


You are making certain assumptions here. You assume that he is being charged with Obstruction because he will not agree to sit down with law enforcement in a case in which he has not been ruled out a suspect of committing murder. I doubt that is the case.

Hernandez has every right not to agree to be questioned in a case where he is a suspect.


“So, what could the charge be about?”

There are a number of things. The police could be charging him because they say he moved or destroyed evidence. They could charge him for telling someone else not to cooperate in the investigation. They could also charge him if they determine that he lied to them earlier on in the investigation. There are many things that could be considered obstruction justice.

Who is best suited to advise him on what he can and cannot do?

You guessed it – an experienced criminal defense attorney!

By the way, it is worth noting that reports about an arrest warrant have not yet been substantiated as fact yet. Could it be a ruse let out to put more pressure on Hernandez? Yes, it could.

Well, while Mr. Hernandez figures out which way to turn, I bid you a good first day of summer and request that you have a great, safe and law-abiding weekend!


If you would like to see the original story upon this blog is based, please go to
http://boston.cbslocal.com/2013/06/21/source-arrest-warrant-issued-for-aaron-hernandez/#at_pco=cfd-1.0