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Judge denies Aaron Hernandez’s dismissal request

07.25.14 at 9:24 am ET
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Bristol Superior Court Judge E. Susan Garsh rejected defense claims that former Patriots tight end Aaron Hernandez has been wrongly accused of murder in the 2013 killing of Odin Lloyd.

The defense had requested Garsh dismiss all charges against Hernandez because Bristol prosecutors haven’t shown who actually fired the shots that killed Lloyd in a North Attleboro industrial park last summer.

Garsh wrote the defense also argued that the only proof on Hernandez is that he was in a car with friends Ernest Wallace and Carlos Ortiz when they picked up Lloyd that night.

Garsh ruled Thursday the Commonwealth, “was not required to present evidence before the grand jury as to exactly how Hernandez participated in the murder or as to who shot Lloyd,” given the evidence already provided.

“He claims that the evidence demonstrated no more than his presence in the car with Ortiz, Wallace, and Lloyd shortly before Lloyd was shot to death,” Garsh wrote. “The grand jury heard sufficient evidence to establish probable cause that Hernandez intentionally participated in some meaningful way in the commission of the offense.”

Hernandez is being charged with first-degree murder in Lloyd’s death.

Garsh noted the alleged motive for Lloyd’s killing. According to the ruling, Hernandez allegedly was upset that he had taken Lloyd to his Franklin townhouse, which he apparently didn’t want him knowing about, following a trip to a Boston nightclub on June 14, 2013.

Hernandez allegedly summoned Wallace and Ortiz on June 16, picked up Lloyd from his home and shot him to death at about 3:30 a.m.

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