Skip to main content
Advertising

Originally published July 25, 2014 at 6:09 AM | Page modified July 25, 2014 at 1:51 PM

  • Share:
             
  • Comments
  • Print

Aaron Hernandez loses effort to dismiss charges

A judge has rejected a motion to dismiss charges against Aaron Hernandez stemming from the 2013 slaying of a Boston man whose body was found near Hernandez's home.


advertising

FALL RIVER, Mass. —

A judge has rejected a motion to dismiss charges against Aaron Hernandez stemming from the 2013 slaying of a Boston man whose body was found near Hernandez's home.

Lawyers for Hernandez, a former New England Patriots tight end, argued that prosecutors hadn't shown probable cause to sustain the murder charge against Hernandez in the death of Odin Lloyd and hadn't presented any evidence or motive for the slaying.

Bristol Superior Court Judge E. Susan Garsh said in her ruling Thursday that probable cause, and a defendant's guilt, can be established by circumstantial evidence, and prosecutors don't need to prove a motive to secure a murder conviction.

The grand jury heard "sufficient evidence" to establish probable cause that Hernandez "intentionally participated in some meaningful way" in Lloyd's death, she wrote.

Hernandez's lawyers had also moved to dismiss an unlawful possession of a firearm charge, partially on the grounds that prosecutors presented improper evidence to the grand jury of Hernandez's alleged prior bad acts involving guns.

"After reading all the grand jury transcripts, the court has a firm belief that the grand jury would have returned the indictments it did even if the disputed items of evidence had not been presented," Garsh said in the decision.

Hernandez is being held without bail after pleading not guilty to killing Lloyd, who was dating Hernandez's fiancee's sister. His trial is scheduled to start Jan. 9.

On Friday, prosecutors filed a motion asking a judge to authorize so-called "exhaustive" testing of several DNA samples. They include samples collected from Lloyd's fingernail scrapings; a .22-caliber pistol recovered along a road that is the route between where Lloyd's body was found and Hernandez's home; and guns and ammunition taken from his home and two vehicles, according to the filing.

Such requests are made in cases where there are limited amounts of DNA, and an authorization allows the whole sample to be used up.

Hernandez is also charged with killing two men in Boston in August 2012. He has pleaded not guilty.



Want unlimited access to seattletimes.com? Subscribe now!

News where, when and how you want it

Email Icon


Advertising
The Seattle Times

The door is closed, but it's not locked.

Take a minute to subscribe and continue to enjoy The Seattle Times for as little as 99 cents a week.

Subscription options ►

Already a subscriber?

We've got good news for you. Unlimited seattletimes.com content access is included with most subscriptions.

Subscriber login ►
The Seattle Times

To keep reading, you need a subscription upgrade.

We hope you have enjoyed your complimentary access. For unlimited seattletimes.com access, please upgrade your digital subscription.

Call customer service at 1.800.542.0820 for assistance with your upgrade or questions about your subscriber status.

The Seattle Times

To keep reading, you need a subscription.

We hope you have enjoyed your complimentary access. Subscribe now for unlimited access!

Subscription options ►

Already a subscriber?

We've got good news for you. Unlimited seattletimes.com content access is included with most subscriptions.

Activate Subscriber Account ►