By Laurel J. Sweet
Boston Herald
BOSTON — The mother of murder victim Odin L. Lloyd is expected to testify on Beacon Hill tomorrow in support of a bill named for her son that — if passed — will prevent any inmate from vacating a conviction through suicide the way Aaron Hernandez did.
The former New England Patriots tight end was serving life for shooting his 27-year-old friend Lloyd to death in 2013 in North Attleboro, but when the fallen NFL star hanged himself in prison April 19, Bristol Superior Court Judge E. Susan Garsh vacated his 2015 first-degree murder conviction because it was under appeal when he died.
Under a long-honored state doctrine known as abatement ab initio, a conviction is not considered final until all appeals are exhausted.
Supreme Judicial Court Justice David A. Lowy declined to overturn Garsh’s decision at the request of prosecutors.
The Joint Committee on the Judiciary will hear argument on House Bill 3835, “An Act Relative to Odin Lloyd,” tomorrow afternoon at the State House.
State Rep. Evandro C. Carvalho of the 5th Suffolk District told the Herald he filed the bill “after meeting with Ms. (Ursula) Ward and hearing her story firsthand. She is my constituent and she was in pain. I felt that it was my responsibility to do what I could to help.
“More importantly, the legal principle that forced the judge to vacate Mr. Hernandez’ conviction is outdated and needs to be resolved,” said Carvalho, a former assistant Suffolk district attorney, who prosecuted gun crimes. “The jury has one of the most important roles in our criminal justice system. It is the only place regular citizens impact the system. It makes no sense that a defendant’s suicide overturns a jury’s guilty verdict.
“Hopefully this legislation will help the commonwealth move closer to that goal,” he said.
In addition to Ward, he said the panel will include Bristol District Attorney Thomas M. Quinn III.
The bill proposes making state law that, “The death of a defendant due to suicide who is convicted of a criminal offense shall automatically forfeit any and all rights to appeal that conviction.”
The language of the bill does not make it retroactive to cover Hernandez and is limited to suicide, not citing other causes of death.
Ward has had a wrongful-death lawsuit pending against Hernandez — and now, his estate — since 2013. Though no trial has been set, a final pretrial conference has been scheduled for Feb. 26 in Bristol Superior Court in New Bedford.
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