NBC on Yahoo SportsRobert Kraft tells jury Hernandez said he was in "club" during shooting
Testifying on Tuesday in the first Aaron Hernandez murder trial, Patriots owner Robert Kraft provided a piece of evidence that could be very useful for the prosecution.
Via Dan Wetzel of Yahoo! Sports, Kraft told jurors that Hernandez denied involvement in the murder of Odin Lloyd, explaining that he was in a “club” at the time of the shooting.
As Wetzel notes, the evidence introduced to date makes it clear that Hernandez wasn’t in a “club” at the time of the shooting. Which indicates Hernandez lied to Kraft.
Hernandez may dispute that he gave a false explanation to the man who at the time of the shooting was Hernandez’s ultimate boss. But Hernandez has only one way to rebut the testimony from Robert Kraft — by taking the witness stand.
That’s where the right to remain silent creates a huge dilemma for a criminal defendant. While the accused isn’t compelled to testify in court, anything he has said out of court can be used against him. Since it’s a statement from a party to the lawsuit, it’s not hearsay. And as it relates to one-on-one communications, it’s unchallenged unless the defendant chooses to waive the right against self-incrimination and testify.
Hernandez most likely won’t be testifying at all. To do so would expose him to cross-examination. Which could quickly erase any chance his lawyers have of identifying “reasonable doubt” during closing arguments.
