With both sides accusing the other of trying to poison public opinion against them, Aaron Hernandez’s lawyers and prosecutors sparred for almost one hour Monday over a proposed gag order.
“We are here to vindicate a right that lies at the core of our motion, and at the core of our process; that Aaron Hernandez is entitled to a fair trial,” said Michael Fee, one of Hernandez’s three defense lawyers.
First Assistant District Attorney William McCauley said prosecutors and police officers assigned to the Hernandez case have abided by court rules prohibiting them from making comments that would prejudice the public against the defendant.
“We are playing fair,” said McCauley, who added that Hernandez’s lawyers did not provide any evidence to back up their claims that prosecutors were enabling anonymous law enforcement sources to leak information about the case to the media.
“They’re trying to stir this pot of misconduct as a desperate attempt to move (attention) away from the evidence,” McCauley said.
Superior Court Judge E. Susan Garsh took the matter under advisement, though she appeared inclined to issue a new gag order that will prohibit all parties from making any prejudicial comments to the public, especially leaking sensitive information to the press.
“The way I heard it today seems to indicate there is going to be some kind of (gag) order,” said David E. Frank, an attorney and managing editor of Massachusetts Lawyers Weekly. Frank noted that in most criminal cases, prosecutors are usually the ones asking the court for a gag order, not the other way around.
Hernandez’s lawyers accused the Bristol County District Attorney’s Office of creating a “publicity stunt” by allegedly leaking information that a Miami Dolphins player would be given a subpoena in late October to testify about Hernandez’s alleged connection to a gun trafficking ring.
The “publicity stunt,” Hernandez’s lawyers said, violated Garsh’s Oct. 15 order prohibiting prejudicial statements outside the courtroom.
“The media coverage had a prejudicial effect against the defendant,” Fee said.
McCauley said coverage of the purported gun trafficking was inaccurate, and he added that all the police officers and prosecutors assigned to the case told him that they had not leaked the information.
The defense team’s allegations against the district attorney’s office, McCauley said, threatened to persuade the judge and public to be biased against the prosecution.
“We have a right to a fair trial,” McCauley said. “Their (defense lawyers) suggestion that we have moles out there leaking information is not true but also prejudicing the commonwealth.”
While objecting to the defendant’s claims of leaking biased information, McCauely said the prosecution was not opposed in principle to the gag order. Garsh ordered both sides to suggest some “reasonable steps” by next month that the order would include to prevent all parties from releasing prejudiced information to the public.
In other matters Monday, Hernandez’ lawyers said they are still waiting for prosecutors to provide them with 55 pieces of evidence, including forensics.
“We basically have no forensics yet,” defense attorney James Sultan said.
McCauley said the prosecution has already sent its forensic evidence, as well as more than 1,000 pages of documents, to the defense team. Garsh ordered both sides to meet and discuss what remaining discovery items still need to be given to defense lawyers.
Hernandez, who is charged with murder and firearms offenses for the fatal June 17 shooting of Odin Lloyd in North Attleborough, is scheduled to return to Fall River Superior Court on Feb. 5 for a pretrial conference.
Hernandez, dressed in khakis, a white shirt, tie and dark blazer, smiled at times while sitting next to his lawyers. Monday’s hearing drew about 10 Hernandez supporters, some of them wearing Hernandez buttons and Patriots gear. They sat opposite from Lloyd’s relatives. Lloyd’s mother, Ursula Ward, who last week filed a wrongful death lawsuit against the former Patriots star, broke down in tears and had to leave the courtroom for a few minutes when Hernandez first appeared.
As he was later being escorted away from the courtroom in handcuffs, Hernandez mouthed “I love you” in the direction of his mother, Terri Hernandez, and his fiance, Shayanna Jenkins, who is charged with perjury in the case.
Jenkins, who is free on personal recognizance, sat next to Terri Hernandez in the courtroom. Just before the former Patriots tight end was returned to the courthouse’s lockup facility, Hernandez’s mother told her son, “Love you. Merry Christmas.”
Contact Brian Fraga at [email protected]
“We are here to vindicate a right that lies at the core of our motion, and at the core of our process; that Aaron Hernandez is entitled to a fair trial,” said Michael Fee, one of Hernandez’s three defense lawyers.
First Assistant District Attorney William McCauley said prosecutors and police officers assigned to the Hernandez case have abided by court rules prohibiting them from making comments that would prejudice the public against the defendant.
“We are playing fair,” said McCauley, who added that Hernandez’s lawyers did not provide any evidence to back up their claims that prosecutors were enabling anonymous law enforcement sources to leak information about the case to the media.
“They’re trying to stir this pot of misconduct as a desperate attempt to move (attention) away from the evidence,” McCauley said.
Superior Court Judge E. Susan Garsh took the matter under advisement, though she appeared inclined to issue a new gag order that will prohibit all parties from making any prejudicial comments to the public, especially leaking sensitive information to the press.
“The way I heard it today seems to indicate there is going to be some kind of (gag) order,” said David E. Frank, an attorney and managing editor of Massachusetts Lawyers Weekly. Frank noted that in most criminal cases, prosecutors are usually the ones asking the court for a gag order, not the other way around.
Hernandez’s lawyers accused the Bristol County District Attorney’s Office of creating a “publicity stunt” by allegedly leaking information that a Miami Dolphins player would be given a subpoena in late October to testify about Hernandez’s alleged connection to a gun trafficking ring.
The “publicity stunt,” Hernandez’s lawyers said, violated Garsh’s Oct. 15 order prohibiting prejudicial statements outside the courtroom.
“The media coverage had a prejudicial effect against the defendant,” Fee said.
McCauley said coverage of the purported gun trafficking was inaccurate, and he added that all the police officers and prosecutors assigned to the case told him that they had not leaked the information.
The defense team’s allegations against the district attorney’s office, McCauley said, threatened to persuade the judge and public to be biased against the prosecution.
“We have a right to a fair trial,” McCauley said. “Their (defense lawyers) suggestion that we have moles out there leaking information is not true but also prejudicing the commonwealth.”
While objecting to the defendant’s claims of leaking biased information, McCauely said the prosecution was not opposed in principle to the gag order. Garsh ordered both sides to suggest some “reasonable steps” by next month that the order would include to prevent all parties from releasing prejudiced information to the public.
In other matters Monday, Hernandez’ lawyers said they are still waiting for prosecutors to provide them with 55 pieces of evidence, including forensics.
“We basically have no forensics yet,” defense attorney James Sultan said.
McCauley said the prosecution has already sent its forensic evidence, as well as more than 1,000 pages of documents, to the defense team. Garsh ordered both sides to meet and discuss what remaining discovery items still need to be given to defense lawyers.
Hernandez, who is charged with murder and firearms offenses for the fatal June 17 shooting of Odin Lloyd in North Attleborough, is scheduled to return to Fall River Superior Court on Feb. 5 for a pretrial conference.
Hernandez, dressed in khakis, a white shirt, tie and dark blazer, smiled at times while sitting next to his lawyers. Monday’s hearing drew about 10 Hernandez supporters, some of them wearing Hernandez buttons and Patriots gear. They sat opposite from Lloyd’s relatives. Lloyd’s mother, Ursula Ward, who last week filed a wrongful death lawsuit against the former Patriots star, broke down in tears and had to leave the courtroom for a few minutes when Hernandez first appeared.
As he was later being escorted away from the courtroom in handcuffs, Hernandez mouthed “I love you” in the direction of his mother, Terri Hernandez, and his fiance, Shayanna Jenkins, who is charged with perjury in the case.
Jenkins, who is free on personal recognizance, sat next to Terri Hernandez in the courtroom. Just before the former Patriots tight end was returned to the courthouse’s lockup facility, Hernandez’s mother told her son, “Love you. Merry Christmas.”
Contact Brian Fraga at [email protected]