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SI legal expert Michael McCann on D&C: Robert Kraft should not have talked to media

07.09.13 at 9:53 am ET
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Sports Illustrated legal expert Michael McCann joined Dennis & Callahan Tuesday to talk about Robert Kraft‘€™s comments to the media and the Aaron Hernandez murder trial.

McCann said that if he was Kraft’€™s legal adviser, talking to the media would not have been something he suggested.

‘€œMy first advice would be, ‘€˜Please don’€™t talk to the media yet,’€™ ‘€ McCann said. ‘€Let’€™s wait until maybe the end of the summer before we hear maybe a little more about the Hernandez case. I don’€™t think now is the right time. There isn’€™t a lot of news going on with the Patriots and this is going to attract a lot of attention by making comments. But he owns the team, so it’€™s his decision what to say.

‘€œI think his comments yesterday were fine. I think saying that the team was duped was consistent with what the Patriots want to portray. They had no idea that Hernandez was an alleged murderer, they knew he smoked pot and that he had an issue with that, but they had no way of knowing that he was moonlighting as some killer on the prowl. And I think that is an important point for them because they want to make sure that they are not in any way blamed civilly for what occurred. I actually think his comments were fine and I think they go to the narrative that the Patriots want to present.’€

According to McCann, Odin Lloyd‘€™s family could take legal action against the Patriots, but that type of action is unlikely because there is not much of a case to be made against the Patriots.

‘€œI think it is very difficult to imagine a scenario where the Patriots or the NFL can be held civilly responsible for what Hernandez allegedly did,’€ McCann said. ‘€œLet’€™s just assume for the moment that Hernandez murdered Odin Lloyd. What could the Patriots have done? What legal duty do they owe Odin Lloyd? First of all, it didn’€™t occur at Gillette Stadium or at any Patriots or NFL facility. It didn’€™t occur while Hernandez was going to work or was coming from work. It occurred in the offseason at 3:30 am. It is unclear why the Patriots would have any duty to Lloyd. Lawsuits can always happen, but as I wrote yesterday I really think such a lawsuit is unlikely to work.’€

For now, the prosecution is focusing on Hernandez, as it takes a lot of evidence to convict someone of murder. The prosecution does not have the murder weapon to use as evidence, which could make convicting Hernandez more difficult.

‘€œYou can certainly convict someone without finding the weapon, but it could make it a little bit harder because they are going to say, ‘€˜We don’€™t even know who fired the shots.’€™ The prosecution and the police have not announced who actually shot Odin Lloyd. If they can’€™t figure that out, how can you be sure that Aaron Hernandez is the mastermind behind this plot? A plot that we know really doesn’€™t make a lot of sense. He gets into an argument with Lloyd and then comes up with this brilliant idea to murder him so close to his house. It suggests he is not really smart, which may be true, but oddly enough not being smart may end up helping him.’€

To hear the interview, go to the Dennis & Callahan audio on demand page. For more Patriots news, visit the team page at weei.com/patriots.

Read More: Aaron Hernandez, Michael McCann, Robert Kraft,
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