Defense attorneys argued that prosecutors probing the death of
Odin Lloyd, an associate of Hernandez's who was found shot dead in
an industrial park near the former New England Patriots' home in
North Attleborough, Massachusetts, failed to produce evidence
showing that Hernandez had a motive to commit the crime or linking
him to the shooting.
"This was, we submit, a deliberate campaign not to enlighten the
grand jury about evidence which would help them decide who had in
fact committed this crime, but to tarnish Mr. Hernandez, his
character, his background in such a way that they would overlook the
absence of direct evidence of culpability," defense attorney James
Sultan told a pre-trial hearing in Fall River District Court.
Prosecutors countered, saying they had presented volumes of
evidence, including witness testimony and video from surveillance
cameras in Hernandez' home that link him to the murder. Police have
not recovered the handgun used in the shooting.
Hernandez, who is also charged with gunning down two men he
encountered at a Boston nightclub in an apparently unrelated
incident in 2012, sat quietly in court during Monday's hearing,
wearing a blue blazer and tie. Associate Justice Susan Garsh allowed
Hernandez's handcuffs to be removed during the hearing, a request
that had been denied in a Boston courtroom last month.
Prosecutors argued that, in addition to their direct evidence,
Hernandez's involvement in other shootings was relevant in the case.
They noted that both the alleged murder of Lloyd and the alleged
shooting of Cape Verdean nationals Daniel Abreu and Safiro Furtado
in 2012 traced back to a dispute at a nightclub.
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"These incidents seemed to have a suggestion of a common plan or
pattern," said William McCauley, first assistant district attorney
for Bristol County. "All starting out in a nightclub, gun produced,
whether a shooting followed or not. And it was our duty to inquire
into these things to determine what relevance they were."
Defense attorneys also asked the judge to throw out some of the
evidence gathered in a search of Hernandez' home.
Hernandez also pleaded not guilty to the February assault of a
fellow jail inmate in the Bristol County House of Corrections after
the two got into a verbal alteration.
Garsh said she would consider beginning Hernandez's trial over
Lloyd's death on Oct. 6. Prosecutors estimated that it would last
for up to two months.
Hernandez has denied all three murders. The Patriots cut ties with
Hernandez hours after his arrest last June.
(Reporting by Scott Malone; Editing by Cynthia Osterman and Susan
Heavey)
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