Former New England Patriot Aaron Hernandez was due back in Fall River Superior Court today for a defense motion hearing, more than three months after he was charged with murder in the death of Odin Lloyd and was ordered to be held without bail. The pre-trial hearing was scheduled for Wednesday, at 2p.m. and went on for about an hour. Hernandez, 23, allegedly killed Lloyd, who was dating his fiancee's sister, Shayanna Jenkins, on June 17, 2013, because he was upset Odin had been been talking to people he didn't like. His body was found in an industrial park not far from Hernandez's home in North Attleborough, Mass.
At the hearing, the judge asked Hernandez to take the stand to question him about a potential conflict of interest involving one of his attorneys. Defense attorney Michael Fee is a partner at “Ropes & Gray” in Boston, as is Assistant District Attorney Patrick Bomberg’s wife. Fee said his association with the prosecutor’s wife will not affect his ability to help represent Hernandez. After a series of “yes” and “no” answers to questions from the judge, Hernandez agreed to keep Fee despite the potential for a conflict of interest.
Another issue addressed was Assistant District Attorney William McCauley’s plan to file a motion to ask Bristol County Superior Court Judge Susan Garsh to give up the case. He hasn't explained why but says the state does not take the request lightly. However, McCauley and Judge Garsh have a history of clashing in the past. Hernandez's lawyers say they'll object to a recusal. The judge didn't hear arguments on the issue.
A gag order in the case was also discussed. The former football star’s attorney said that a “torrent” of information has been “leaked” to the media, submitting news articles citing law enforcement sources that distributed content that was not true. The judge asked if they had made any efforts in finding where the leaks had come from. The judge said there would be no gag order for now and reminded both sides about the rules against comments that could be prejudicial. Defense lawyers also noted the evidence presented so far is largely circumstantial and expressed confidence that the tight end will beat the rap at trial.
Hernandez chose to wear a tie for this hearing, the first time in his many court appearances since his arrest in June. He was calm and paying close attention to everything. At one point the judge even allowed to remove the former NFL player’s handcuffs after a request from his lawyer. Hernandez is being held in Bristol County Jail while awaiting trial. The other men who were in the car that night, Carlos Ortiz and Ernest Wallace, have been charged with accessory to murder after the fact.
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