Judge believes Aaron Hernandez may walk free

(MyFoxBoston.com) -- It's a possibility that Aaron Hernandez could walk away from the Odin Lloyd murder case a free man, and Retired Massachusetts Superior Court Judge Isaac Borenstein said he would not be surprised if that happened.

Borenstein, a professor of law at Suffolk and Northeastern, has presided over dozens of murder cases during his 22-year long career. According to Borenstein, he would not be surprised if Hernandez walked away a free man. However, if Hernandez does go to trial, he expects a battle.

"I would not be shocked if this verdict went a way that didn't necessarily looked like at this point. It's the way the justice system work," he said.

Hernandez is not your typical defendant given that he is a former New England Patriot. His fan base may be smaller now, but it still exists.

Investigators believe that there were two people with the 24-year-old when Odin Lloyd was killed, Ernest Wallace and Carlos Ortiz. Ortiz is an admitted angel dust user with a lengthy criminal record.

Ortiz is charged with being an accessory after the fact in connection with the Lloyd murder. He's told detectives on the record that Hernandez and Hernandez alone got out of the car with Lloyd when Lloyd was executed in North Attleboro. Despite credibility issues, the state would likely want Ortiz to spell that out to a jury. However, Ortiz's lawyer John Connors has suggested that he is done cooperating.

In a telephone interview Wednesday with Massachusetts Lawyers Weekly, Connors said, "I have no control over whether he will be called as a witness, he does have a Fifth Amendment privilege and that's about all I can say on that."

If Ortiz is done cooperating, Wallace is the only other possible eye witness to the murder.

"As a prosecutor I think they have a tough time sorting out exactly what was Aaron Hernandez's role, what is the role of the other people, and how are they going to come across as witnesses," Borenstein said.

Cox Media Group