Judge refuses to rule on 2 Hernandez defense motions

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August 30, 2013, 5:04 pm
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(NECN: Alysha Palumbo, Attleboro, Mass.) - It was a very brief hearing for former Patriots tight end Aaron Hernandez Friday, as the judge in Attleboro District Court refused to rule on two defense motions still on the table – instead leaving any action on the matters for Fall River Superior Court, as the murder case moves there next week.

"Although it’s technically still in the district court jurisdiction until he’s arraigned formally, for all intents and purposes it’s a superior court matter now," Bristol County District Attorney spokesperson Gregg Miliote says.

One of those motions asked for an injunction against prosecutors for what the defense called "willfully misleading potential witnesses."

The allegation stems from an August 15 interview by detectives from Massachusetts and Bristol, Conn. with a Connecticut prisoner and known Bloods Gang member Everett Garcia.

Defense attorneys alleged Garcia told them, "The only reason he answered the questions posed by the detectives was that they told him they were there 'to help Aaron out.'"

"We believe the allegations they made in their motion last week are simply not accurate," Miliote said.

Prosecutors fired back Friday with a response calling the allegations "baseless" and lacking merit.

The Commonwealth said, “At no time during the ensuing conversation did the officers say or imply that they were there on Hernandez’s behalf or to 'help out Aaron.'"

"The witness simply spoke with the officers not appreciating that he had failed to help out his friend until he later met with the defendant’s lawyer."

Miliote said, "We’ve interviewed hundreds of people in this case and we will continue to do so."
 
Hernandez is scheduled to be arraigned in Fall River Superior Court next Friday, Sept. 6th at 2 p.m.

Prosecutors expect to lay out a chunk of their case during the arraignment unless Hernandez's defense waives the reading and agrees he can be held without bail.

Defense Attorney Michael Fee said he plans to re-file the motions discussed in court today with Fall River Superior Court.

Tags: massachusetts, Alysha Palumbo, Aaron Hernandez, Attleboro, Michael Fee, Attleboro District Court, Aaron Hernandez murder investigation, Gregg Miliote, Fall River Superior Court
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