Fox25 – a Fox News affiliate headquartered in the greater Boston metropolitan area – frequently relies on Attorney Brad Bailey of Brad Bailey law for legal insight and expertise regarding breaking criminal cases. The news group has once again consulted with Brad Bailey for two high-profile, newsworthy cases: the Aaron Hernandez double-murder case and the David Njuguna vehicular manslaughter case.
Bailey Weighs In on the Hernandez Case
Brad Bailey pointed out during an interview with Fox25 that the Aaron Hernandez double-murder drive-by case will require a jury that is completely oblivious of Hernandez’s previous first-degree murder conviction, for which he is already serving a life sentence; conviction for the double-murder of two men in a drive-by shooting would automatically pin two more life sentences on Hernandez. If the jury learn of this conviction before or during the trial, it would likely make them extremely bias against him, assuming he is guilty before proven innocent. Jury selection has to be meticulous and careful, or else the trial’s integrity could be jeopardized.
Bailey has claimed that the defense will need to comb through every speck of evidence, see where it came from, and who has handled it if they want to avoid juror corruption. The prosecution is also expected to bring just one eyewitness to the stand, Hernandez’s own friend and alleged passenger at the time of the drive-by shooting. Bailey expects the defense will attempt to undermine the eyewitness’s credibility, citing his own criminal history and shady background.
The defense is also claiming someone hacked or tapped into Hernandez’s phone calls while he was in jail for his preexisting first-degree murder conviction. Securis is a company that tracks and records inmate phone calls around the country, but their data was breached by hackers, potentially exposing critical evidence to third-parties. Any evidence the prosecution uses that originates from a jailhouse phone call could be conceivably unusable.
Follow these two links to Fox25’s website to view Bailey’s interviews about the Hernandez case:
- http://www.fox25boston.com/video?videoId=473987241&videoVersion=1.0
- http://www.fox25boston.com/video?videoId=471684106&videoVersion=1.0
Njuguna Case Could Be a Benchmark, Bailey Says
In the David Njuguna case, he was charged with manslaughter and motor vehicle homicide after crashing into a state trooper, fatally striking him, while allegedly under the influence of marijuana. The defense has already filed a motion to dismiss the charges. Brad Bailey told Fox25 in another interview that the case could prove to be a benchmark case regarding how the court weighs impairment from marijuana use in criminal cases.
The prosecution states David Njuguna was smoking medical marijuana shortly before the crash but court documents claim there are no medical records, police investigations, or toxicology reports that indicate when he had the marijuana. Bailey pointed out that trace amounts of marijuana and THC can last for 40 days in a person’s system; it would be unreasonable to say someone cannot legally drive for a full 40 days after using marijuana, so a trace amount might be unusable for DUI charges.
With no current minimum THC level established in the law, like the minimum blood alcohol content (BAC) level, law enforcement need to come up with a way to find a fair, accurate number that represents dangerous impairment. Boston Criminal Defense Attorney Brad Bailey mentioned to Fox25 that if the charges are dropped, legislators will likely step in and make legal changes to support the prosecution of such offenses in the future.
Click the link below for a Fox25 video interview about this case that features Brad Bailey:
For more information about Brad Bailey Law, or to retain the services of our nationally-recognized team, contact our firm today. There is no criminal defense case too intense or difficult for us to handle.