The judge presiding over the first Aaron Hernandez murder trial has slammed the door on the prosecution’s argument that the defense has opened the door.
Via the Boston Globe, Judge E. Susan Garsh decided Wednesday to confirm her prior ruling that evidence regarding the alleged shooting of Hernandez “friend” Alexander Bradley would not be admitted in the case regarding the alleged shooting (and murder) of supposed Hernandez “friend” Odin Lloyd.
In a hearing held with the jury out of the courtroom, prosecutor William McAuley said the defense had referred to Lloyd on 32 occasions during the trial’s opening statements Hernandez’s “friend.” The prosecution argued that Hernandez’s lawyers had invited evidence regarding the other shooting via the suggestion that Hernandez couldn’t have shot Lloyd because Lloyd is Hernandez’s friend and Hernandez doesn’t shoot his friends.
Judge Garsh nevertheless acknowledged that Hernandez could still open the door to evidence regarding Alexander Bradley’s claim if Hernandez testifies, for example, that he has never fired a gun. This presumes Hernandez will testify; there’s a good chance he won’t. Criminal defendants often stay away from the witness stand, since cross-examination of the defendant often makes it easier for the prosecution to prove its case beyond a reasonable doubt.