|Denying request from defense, judge will not move Aaron Hernandez trial||10.31.14 at 10:06 am ET|
Despite the pleas of his lawyer, Aaron Hernandez will not have the trial for his case moved from the confines of Bristol County.
Hernandez’s lawyer, Michael Fee, argued that media coverage of the proceedings has made possible jurors biased against the former Patriots tight end. Results from a telephone poll run by the defense reportedly showed that more than half of the people asked within the county believe that Hernandez most likely is guilty of murdering Odin Lloyd.
“This has poisoned the jury pool in Bristol County,” Fee said of the media.
Judge Susan E. Garsh, however, was not moved by the defense’s case, and said she will keep the trial within Bristol County. Garsh said she believes that impartial and unbiased jurors will can be selected from within the county, as over 1,000 people are going to be summoned to possibly be on the jury.
The trial for the Lloyd case is set to begin in early January 2015. Hernandez also is facing charges in Suffolk County for the shooting of two men in the summer of 2012. That trial is set for May 28.
|Aaron Hernandez ‘felt helpless’ during police occupation of his home in 2013||09.17.14 at 10:56 am ET|
Aaron Hernandez has been mostly quiet since his incarceration in 2013 for the murder of Odin Lloyd, but through a court filing released Tuesday, the former Patriots tight end revealed some of his thoughts about the case.
When police investigated the murder in June 2013, they searched the Hernandez home and also wanted Hernandez’s cell phone. Hernandez said in the document that the investigation of his home made him worried for his the rest of his family.
“I felt helpless in the face of the occupation of my house by the police,” Hernandez said. “I was also very concerned about what would happen to my fiancee and our baby if I refused to answer their questions.”
The court filling is an attempt to support a motion that would suppress evidence from Hernandez’s cell phone. During the occupation of the house by 10 officers, Hernandez said police asked for the phone and its password.
The day before the investigation of the home, lawyers told police that all questions about the case should be directed toward them and not Hernandez. The ex-player’s attorneys also said Hernandez should have been read a Miranda warning to remain silent.
Hernandez’s legal team also is looking to suppress evidence that police took from his SUV, saying the warrant to search it did not have probable cause.
|Judge denies Aaron Hernandez’s dismissal request||07.25.14 at 9:24 am ET|
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.
|Bill Belichick has ‘no further comment’ on text messages with Aaron Hernandez||07.23.14 at 10:28 am ET|
A TV reporter asked the Patriots head coach if he were concerned about the text messages exchanged between Aaron Hernandez and members of the Patriots organization, including Belichick himself.
“I think that was addressed by a lawyer last week and I don’t have any further comment on it,” Belichick said, referencing the statement put out last Friday night by Andrew Phelan, a partner at Bingham McCutcheon. Phelan clarified that there were not 33 pages of texts between the two sides but rather a total of 34 texts.
“Earlier this week, a report indicated that an exchange of text messages between the team’s head coach and Mr. Hernandez totaled 33 pages,” Phelan said in Friday’s statement. “While it is unknown how the texts were printed or displayed, I thought it was important to clarify that during an early investigation conducted by state prosecutors, the team produced a total of 34 text messages (not pages of texts) spanning a period of five months (December 2012 – April 2013) between the head coach and Mr. Hernandez.”
On Tuesday, Michael Fee, an attorney for Hernandez, said the dispute over text messages had been resolved.
Hernandez is in a Boston jail awaiting trial in two separate murder cases. Hernandez is accused of killing Odin Lloyd in June 2013. He was released by the Patriots before the calendar turned to July. Hernandez is also accused in the double homicide in Boston in Feb. 2012, just weeks after taking part in the Super Bowl loss to the Giants in Indianapolis.
Still, the reporter continued her line of questioning with Belichick Wednesday morning at the end of the 12-minute news conference.
Is it something you routinely do with your players, texting back and forth?
“I don’t have any further comment on it,” Belichick said.
Do you approach your new players differently now based on what [Hernandez] allegedly did weeks before camp [in 2013]?
“No further comment,” Belichick said before the news conference came to an end.
|Lawyer: It was 34 texts between Bill Belichick and Aaron Hernandez, not 34 pages of texts||07.18.14 at 8:23 pm ET|
The Patriots issued a statement Friday night via lawyer Andrew Phelan on the report there were 33 pages of texts between Bill Belichick and Aaron Hernandez turned over as part of evidence in the trial of Hernandez.
“Earlier this week, a report indicated that an exchange of text messages between the team’s head coach and Mr. Hernandez totaled 33 pages. While it is unknown how the texts were printed or displayed, I thought it was important to clarify that during an early investigation conducted by state prosecutors, the team produced a total of 34 text messages (not pages of texts) spanning a period of five months (December 2012 ‘ April 2013) between the head coach and Mr. Hernandez.”
Hernandez has been charged with three murders, including one alleged to have occurred in June 2013.
For more Patriots news, check out weei.com/patriots.
|DA claims to have evidence showing Aaron Hernandez’s fiancee lied to grand jury||07.16.14 at 2:50 pm ET|
According to a court filing (via The Associated Press), the District Attorney’s office claims that the fiancee of accused murderer Aaron Hernandez repeatedly lied to a grand jury and that it has “direct evidence” to prove it.
Prosecutors say their evidence contradicts the testimony of Shayanna Jenkins, who has pleaded not guilty to perjury related to the 2013 murder of Odin Lloyd. Her attorney has attempted to have the charge dismissed.
At one point, Jenkins told the grand jury she could not recall where she disposed of a box that she put in a trash bag, covered with baby clothes, and that she was not hiding her actions. Hernandez allegedly directed her to get rid of the box, the contents of which are unclear.
Jenkins, who was granted immunity before testifying, is free on personal recognizance.
|Michael McCann on D&C: ‘I don’t think there’s anything in those [Aaron Hernandez] text messages that implicates the Patriots or Bill Belichick’||07.15.14 at 11:10 am ET|
Sports Illustrated legal expert Michael McCann joined Dennis & Callahan on Tuesday to discuss the latest on former Patriots tight end Aaron Hernandez. To hear more from D&C, go to the Dennis & Callahan audio on demand page.
Court documents on Monday revealed evidence that prosecutors turned over to Hernandez’s defense in the Odin Lloyd murder case. The documents included interviews with Patriots personnel including Bill Belichick and Robert Kraft, and 33 pages of text messages between Belichick and Hernandez from February 2013 to May 2013.
“I think Hernandez is interested in developing some type of — at least potentially — some type of defense where maybe he lacked the mental capacity to commit first-degree murder, that he doesn’t have the sophistication or there are other mental defects, if you like, that would have prevented him from engineering the murder of Odin Lloyd,” McCann said.
“I don’t think there’s anything in those text messages that implicates the Patriots or Bill Belichick. I have a feeling that they’re going to be — and again, I’m speculating — something more along the lines of conversations about plays or other teams’ players that the Patriots may have interest in. I don’t think there’s going to be anything in there that damns the Patriots.”
The content of the text messages haven’t been made public, but McCann said he doesn’t expect there to be anything in the texts that would put the Patriots in a dicey legal situation.
“I think we would have already seen the Patriots, if not charged with a crime, some indication that that would happen,” he said. “It’s now been over a year; I would be surprised that Belichick would have been able to just continue to coach without any charges if he’s in any way implicated in this case. I could be wrong, there could be something in there, but I have a feeling it’s not going to be, again, as damning of Belichick.
“Now, there is a clause in the collective bargaining agreement, Article 21, that prohibits meetings between coaches and players during the offseason. Maybe that was broken through these texts, but that’s really an NFL issue, not a legal issue.” Read the rest of this entry »