Michael McCann on D&C: Jared Remy's guilty plea a 'shocking development'

May 28, 2014 - 5:49 am
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Sports Illustrated legal expert Michael McCann joined Dennis & Callahan on Wednesday to discuss the cases involving Jared Remy, Aaron Hernandez and Donald Sterling. To hear the interview, go to the Dennis & Callahan audio on demand page. Remy, son of NESN Red Sox broadcaster Jerry Remy, pleaded guilty on Tuesday to the murder of girlfriend Jennifer Martel last August. The decision spares both the Remy and Martel families the torment of a trial. "It'€™s hard to imagine any other reason besides that, unless he'€™s trying to deflect blame away from his family so that there'€™s no trial and would not bring negative attention onto Jerry Remy," McCann said. "In terms of strategy, there'€™s no upside to do what he did. He'€™s going to spend the rest of his life in jail, and there'€™s no way around that. "It was a shocking development that he didn't take his chances with the jury and try to argue that perhaps he was depressed or there was some type of interference in his decision-making. I don'€™t think it would've worked, but he had the money through his parents to have fought the charges, but he decided that it wasn't worth the fight." McCann was surprised Jared Remy did not try to convince the jury that the murder was second-degree. "I think there was the possibility that he could've persuaded the jury that it was second-degree, not first-degree murder, and then he would be looking at getting out potentially after 15 years in prison," he said. "But, I don'€™t see the pathway for him getting there. I think the evidence was overwhelming. There were witnesses, there was a stunning police report, there was no question about how she died, there seemed to be significant evidence that he intentionally did it. "It'€™s one of those things where, what did he have to lose by going to trial, because he was probably going to be convicted anyway. But it'€™s hard to get inside his head, of all people. Maybe he was thinking that his dad was being tarnished by this process by ending it early. That is diminished." McCann said he expects to see a civil case down the road, but doesn't think it will involve Jerry Remy. "I think that'€™s a crucial point where it'€™s really Jared Remy's money that'€™s implicated, not Jerry Remy," he said. "Jerry Remy, if he is sued by the Martel family -- I don'€™t have initial reason to think that'€™s going to happen '€” his involvement was as a dad, not anything more." McCann sees no chance of Jared Remy ever being pardoned or released from jail at any point in his life. "Maybe he has that in mind, but if that'€™s his thought then he'€™s really sadly mistaken," McCann said. "He'€™s not going to get out, and he'€™s going to be a first-degree murderer. If there'€™s ever a prison overcrowded or anything like that, he'€™s the last type of prisoner that'€™s going to be let out, and he should expect to spend the rest of his life behind bars." McCann also discussed the cases involving Hernandez, who will be arraigned on Wednesday on murder charges from a July 2012 shooting in which he allegedly gunned down two men. "This is a formal appraisal of the charges," McCann said. "He'€™s already in custody, so one of the key issues that would otherwise be divisive where he should held over has already been resolved. He'€™s not going to be able to leave custody because we know that he'€™s facing murder charges for Odin Lloyd. "He'€™ll learn about the charges, and we also may get some more details about the motive -- why he did it, things that haven'€™t yet been made clear. Although I expect the hearing will probably be short. I don'€™t think this is going to be as dramatic as the Odin Lloyd hearing. He'€™s already in jail, and I think the prosecution has let out information about this particular set of murders. ... I think the significance is he'€™s going to be a football player who'€™s facing two separate murder cases, three separate murders in two separate counties, and it'€™s hard to imagine anything like this ever happening." Lastly, McCann touched on Sterling, who he said is going to have a "very hard" time proving the NBA legally cannot take the Clippers away from him. "At the end of the day -- although he raises some very interesting arguments about whether or not it may be arbitrary to punish him, whereas other owners haven'€™t been punished for things that could arguably be considered worse -- the reality is that by contract he gave the NBA this discretion, and that a court reviewing this will say, '€˜You'€™re a lawyer, Donald Sterling. You knew what you were signing. The NBA has brought authority to decide what to do,'€™ " McCann said.

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