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Prosecutors in Hernandez case ask judge to step aside

Former NFL player Hernandez, accused of killing Lloyd, appears in court for a motion hearing in Attleborough Reuters

On the surface, it appears that the prosecution has a strong case against Aaron Hernandez for the murder of Odin Lloyd.  If it were that strong, however, the prosecution perhaps wouldn’t be trying to get the judge assigned to the case to step aside.

At Wednesday’s pre-trial hearing, the prosecution acknowledged that a formal request will be made to Judge Susan Garsh that she recuse herself from the case.

The specific reasons for the request aren’t yet known, but this item from the Fall River (Mass.) Herald News points to a rocky history between Judge Garsh and the prosecutors handling the case.

In 2010, lead Hernandez prosecutor Bill McCauley “accused Garsh of being antagonistic toward prosecutors” during a different murder trial.

Per multiple Twitter reports, Judge Garsh didn’t seem to be thrilled by the prosecution’s intended course of action, which will be addressed at a future hearing.  And it likely won’t be easy to persuade her to step aside, or to force a higher court to force her out.

Even so, if the prosecutors have concerns about Judge Garsh, calling her out could force her to be careful not to do anything that could be viewed as showing antagonism to the prosecution’s case.

The fact that the prosecution even has to make the request shows that the case as currently postured is far from perfect.  With a very high standard of proof required for a conviction, it won’t take much to allow Hernandez’s lawyers to deliver an acquittal.

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25 Responses to “Prosecutors in Hernandez case ask judge to step aside”
  1. bucrightoff says: Oct 9, 2013 2:42 PM

    If they don’t get him on the gun charges at least this makes Florida look like legal geniuses by comparison.

  2. hrmlss says: Oct 9, 2013 2:42 PM

    Maybe She has a Hernandez tattoo, ala Rex and Sanchez?

  3. dublindemonszfl says: Oct 9, 2013 2:43 PM

    Step aside, we’re comin in shootin.

  4. ProDolphinsTalk says: Oct 9, 2013 2:45 PM

    They won’t be coming from Brady, but Aaron’s still on pace to catch a record amount of BALLS this year.

  5. thestrategyexpert says: Oct 9, 2013 2:46 PM

    The Judge is probably already antagonized and I wouldn’t be surprised if she’s more aggressive to make it understood that she doesn’t like to be antagonized. If these guys had an issue with her before, they might be pushing this down the opposite road that they need to go. It sounds like she won at getting under their skin enough to cause serious concern, why should we be so confident that the prosecutors can win their case when dealing with somebody who apparently is going to scrutinize everything they do? They probably know they can’t win without big help.

    This whole case sounds like potentially a perfect future case study for law students to see a textbook example of a big case where everything went wrong at every stage of the entire process starting with the police interviews of which I have a hunch were incredibly botched.

  6. conormacleod says: Oct 9, 2013 2:46 PM

    What are you talking about? Are you sure you used to be a lawyer? It’s not that uncommon for attorney’s to request a judge recuse themselves. It’s also not that uncommon for the Judge to say no. Yet, you just stated that it will not take much for Hernandez to be acquitted. I’d say the chance of an outright acquittal are practically nil. Now, a hung jury? That’s the best he can hope for.

  7. bleedburgandyandgold says: Oct 9, 2013 2:49 PM

    I just hope that what ever happens it is the right thing wether he guilty or not

  8. mrbigg513 says: Oct 9, 2013 2:50 PM

    I’m so lost on this case wats going on again

  9. realitypolice says: Oct 9, 2013 2:54 PM

    Why in the world would you tie the prosecutors not wanting to work with a judge that hates them to the strength of their case?

  10. tcostant says: Oct 9, 2013 3:03 PM

    Did you really write “won’t take much to allow Hernandez’s lawyers to deliver an acquittal”; it will take a lot. A whole lot. Stop that. Hernandez has a better chance of getting hit by lighting, than seeing the light of day with bobwire near by.

  11. diyhandymantony says: Oct 9, 2013 3:03 PM

    Judge Susan Garsh should not recuse herself from this case unless there is a legitimate conflict of interest not because the prosecutors are liberal hypersensitive twits.

    Haven’t you ever noticed that prosecutors are always reaching, pushing, twisting, manipulating, kniving the system to get there way. People that have faced serious misdemeanor or felony charges and TAKE IT TO TRIAL know what I am talking about. Prosecutors fabricate and throw whatever they can at you to see what sticks. Ever been in a trial where the final closing remarks are mafe by prosecutors and defense attorney(s) that prosecutors start adding additional charges….well, Judge Susan Garsh knows their game and has their number and I think juries and the people are tired of innocent people being accused of something they did not do. We have to follow the rules don’t the prosecutors have to follow the rules too.

    Good for you Judge Susan. Stick to your guns!!!!!

  12. harrisonhits2 says: Oct 9, 2013 3:03 PM

    This is like the Harbaugh brothers crying about how the refs are going to call things the other team’s way in the days running up to the next game.

    The prosecutor hasn’t been happy with the calls this particular “ref” made in past trials so he figures crying now gives him grounds for a retrial later if it comes to it.

    Seems to me a tactic he’s using because he may seriously fear losing on the murder part of the charges and that doesn’t bode well for the prosecutor even if he still wins on the gun charges. It would be like Boston’s version of the OJ Simpson trial if he gets off on the murder.

  13. metintodd says: Oct 9, 2013 3:05 PM

    If Hernandez can’t get convicted based on all the overwhelming evidence against him, then we may as well just declare murder legal in this country and perhaps money does buy freedom.

    If Hernandez, gets off, I’ll be even more disgusted then when OJ was acquitted or George Zimmerman got off. Hernandez needs to be in prison for life.

  14. doctorrustbelt says: Oct 9, 2013 3:07 PM

    The low character new england patriots enabled this murderer.

  15. silvernblak says: Oct 9, 2013 3:08 PM

    And why would the prosecution wait this long for the request? They knew who the judge was going to be before the case even got to the courtroom. They are looking for hanging judge because their case has too many holes in it!

  16. richiebburg says: Oct 9, 2013 3:08 PM

    This just in..!! Tom Brady visits the White House to request a presidential pardon for Aaron Hernandez so the Patriots can run 2 TE sets this weekend against the Saints

  17. stealthjunk says: Oct 9, 2013 3:14 PM

    So basically, this Judge calls them on their BS in a previous case, and now they want her recused for that? Waaaah, she antagonized me, waaaahhhh. Grow a set.

  18. thegreatgabbert says: Oct 9, 2013 3:23 PM

    Prosecutors are confident of a conviction. Once they get to choose their own judge.

  19. rodh32340 says: Oct 9, 2013 3:46 PM

    This IS Florida…nuff said…

  20. brassknuckles47 says: Oct 9, 2013 3:50 PM

    The same thing happened to Ray Lewis and OJ, and see where it got them!

  21. stlunatik says: Oct 9, 2013 4:00 PM

    They need Gibbs, Tony, McGhee, and Ziva to investigate. They do real police work

  22. stlunatik says: Oct 9, 2013 4:02 PM

    INNOCENT! He’ll be playing in Jacksonville next year along with Matt Schuab

  23. lawyermalloy says: Oct 9, 2013 4:03 PM

    The prosecution is really showing desperation with this tactic. They know she will not recuse herself for the reasons stated in your writing;they’re simply looking for an edge. She seems like a no nonsense judge that will go out of her way to ensure a fair trial to the defendant, as well she should. The prosecution, of course, want a judge that may give them some leeway in the presentation of their case;it aint going to happen!

  24. metrocritical says: Oct 9, 2013 4:34 PM

    To diyhandmantony and others: Without knowing the actual reasons stated in the motion it is impossible to understand exactly why the motion was filed but whatever the reason it has NOTHING to do with being liberal. You obviously have no idea how the criminal justice system works nor do you understand the term “liberal” because you could scour the country and not find a capital crimes prosecutor who would be accused of being “liberal” while seeking a murder conviction. Call them sneaky, hardline or even unscrupulous but almost every prosecutor’s office is run by politically motivated, rigid law and order people who want to mercilessly convict on the highest charges possible. Get your facts straight before you commit to a position.

  25. gimmeabruschi says: Feb 16, 2014 4:12 PM

    Defense attorneys universally praise her. That’s all you need to know regarding why the prosecutors don’t.

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