BREAKING: Hernandez associates Ernest Wallace, Carlos Ortiz indicted for murder of Odin Lloyd
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In what figures to be a major development in the upcoming Aaron Hernandez murder trial, Hernandez's associates Ernest Wallace and Carlos Ortiz are now both facing murder charges stemming from the Odin Lloyd case.
Here's the full press release:
Late this afternoon, a Bristol County Grand Jury returned separate indictments charging both Carlos Ortiz and Ernest Wallace, both of Bristol, Conn., with murder connected to the June, 2013 homicide of Odin Lloyd in North Attleboro. Both men will be arraigned on the murder charge in the Fall River Justice Center on a date yet to be scheduled by the court. Once an arraignment date is scheduled, this office will send out a follow up media advisory. The district attorney's office will have no comment on the indictments prior to the defendants' arraignments in open court.
As many in the media have pointed out, this is a huge deal because of Massachusetts's Joint-Venture law. Previously the prosecution would have had to prove that Hernandez, the only defendant facing murder charges, was the one who pulled the trigger in the Lloyd murder. Ortiz and Wallace were previously "merely" facing charges of accessory to murder after the fact, charges which are still pending according to the prosecution.
Because the joint-venture law holds all indicted parties equally responsible for a crime they actively participated in, the prosecution now merely has to prove Hernandez participated in some form in the crime committed. This is a much easier case to make, as there's already a mountain of circumstantial evidence against the former Patriots tight end.
Here's a more thorough description of the law, per BostonCriminalLawyer.com
The prosecutor can prove a criminal defendant's participation in a joint venture by one of two different different theories. One theory requires the prosecutor to prove, beyond a reasonable doubt, that the defendant had knowledge that another person intended to commit the crime. In order to prove the defendant a joint venturer under this theory, the prosecutor must prove:
The other theory by which the prosecutor may prove someone was a joint venturer does not require proof that the defendant was present at the scene of the crime. Under this alternate theory, the prosecutor must prove, beyond a reasonable doubt, that the defendant actually aided in the commission of the crime or was an accessory before the fact of the crime by counseling, hiring or otherwise procuring the crime to be committed.
- That the defendant was present at the scene of the crime;
- The defendant had knowledge that another person intended to commit the crime and shared that person's intent;
- That the defendant aided or assisted the commission of the crime, or that by agreement, was willing and available to assist the other person in carrying out that crime if necessary.
Considering the prosecution has yet to uncover the murder weapon, this could be a huge break in the case. It also could bring a needed incentive for one of Ortiz, Wallace or Hernandez to talk cooperate with the investigation. Stay tuned.
