Hernandez tries to keep evidence of other shootings out of Lloyd trial

AP

With jury selection in the first Aaron Hernandez murder trial less than a month away, efforts will be made to determine the evidence that will, and that won’t, be introduced against Hernandez in connection with the claim that he shot and killed Odin Lloyd in June 2013.

Predictably, Hernandez has made a request to exclude evidence of other shootings of which he’s accused.

Via the Boston Globe, Hernandez has asked that Judge E. Susan Garsh prohibit evidence regarding the allegation that Hernandez shot and killed Daniel Abreu and Safiro Furtado in July 2012, along with evidence that Hernandez allegedly shot and wounded Alexander Bradley in February 2013.

Typically, evidence of other misconduct cannot be introduced against a criminal defendant, subject to certain specific exceptions.  As to the Abreu and Furtado murders, it’s possible that the prosecution will argue that evidence linking Hernandez to those shootings — along with proof Lloyd knew about Hernandez’s involvement — supplies a motive for killing Lloyd.

Meanwhile, the pre-trial proceedings have included the submission of potential witness lists for the trial.  Appearing on the prosecution’s list of more than 300 potential witnesses are Patriots owner Robert Kraft, coach Bill Belichick, and former Patriots teammate Brandon Spikes.

It’s common for lawyers to identify far more witnesses than ever would be called to testify at trial, both to enhance flexibility when the time comes to determine the final roster of witnesses and to conceal from the opponent any clues regarding trial strategy that a more narrow and realistic list of witnesses may reveal.

23 responses to “Hernandez tries to keep evidence of other shootings out of Lloyd trial

  1. How long does it take to bring a case to trial? I can see defense attorneys stringing things out to run up their fees, but either the prosecution has a case or it doesn’t. One way or another, the accused and the victim’s family deserve closure.

  2. The idea of Bill Belichick in the witness box being asked to give a full answer just made me chuckle.

  3. Prosecutor: “Why did you cut Aaron Hernandez?”
    Belichick: “We did what was best for the team.”
    Prosecutor: “Could you expand on that?”
    Belichick: “I’ve already answered the question.”

  4. Belichick on the witness stand would be hilarious. It would be just like one of his post game press conferences.

  5. Prosecutor: Did the defendant’s attitude change at all, the time you were associated with him?
    Belichick: We’re on to Cincinnati

  6. Not to support the Patriots’ position in any way, but to me this stopped being relevant the second he no longer occupied a position on an NFL roster.

  7. “Uh, hey guys, I know this is a murder trial, but could you not include those other times that I’ve acted like a violent sociopath in these proceedings??? That’d be great. Thanks.”

  8. Right now, we have only this anticipatory defense motion to bar this evidence. We don’t know whether the prosecutor plans to offer this evidence at trial or, if so, what his/her justification is. We should find out soon when the prosecutor files his/her response to this motion.

    In a jury’s eyes, other-crimes evidence is devastating. That is why the defense will fight tooth and nail to bar it. Ironically, defense motions like this also stir up a lot of negative pre-trial publicity, which will make it even more difficult to select a jury that is untainted by the pre-trial publicity.

    Under Mass. law, other-crimes evidence is admissible only to show “motive, opportunity, intent, preparation, plan, knowledge, identity, nature of relationship, or absence of mistake or accident.”

    The prosecutor may claim that these prior incidents provide a motive for the current shooting. He/she may also argue that Hernandez committed these alleged crimes in such a distinctive way that they are, in effect, signature crimes.

    The smart bet is that this evidence will be excluded unless the Hernandez defense team does something at trial to open the door to its admission.

    As for Belichick, maybe we should have a contest for the Top 10 Questions we would like to see him asked when he’s on the witness stand and under oath.

  9. How long until the patsy apologists show up with “If gronk would have stayed healthy, and tyree would not have caught that ball, and Aaronthal would not have killed a bunch of people, brady would have at least two more super bowls.”

    No Superbowls in a decade
    No Superbowls since spygate
    Mannings have won 3 since brady has.

  10. and tyree would not have caught that ball

    Tyree drops that ball, and the 07 Patriots would have been the greatest team all-time.

    Not a bad place to be really. And they haven’t exactly faded away since.

    Loaded for bear every year, and the next quarterback waiting in the wings.

  11. WOW Adrien Peterson has missed about as many games as Hernandez for a Woopin’…….
    That’s how sad Goodell is!

  12. Prosecutor: “Why did you cut Aaron Hernandez?”
    Belichick: “We did what was best for the team.”
    Prosecutor: “Could you expand on that?”
    Belichick: “I’ve already answered the question.”

    Prosecutor: “Can I remind you that you are under oath”
    Belichick: “We’re on to Cincinatti”

  13. Suffolk County appears to have a greater amount of evidence for the murders commited in Boston. Bristol County was not able to apply enough pressure on the potential witnesses to testify against this scumbag. Will the Suffolk D.A. be willing to share his evidence with the Bristol D.A. or just wait for the first trial to end when he gets his chance. The Suffolk D.A. is a driven man who wants to become Mayor of Boston, an election he just lost due to a crowded field in the primary.

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