Aaron Hernandez avoids major defeat

FALL RIVER, Mass. – Aaron Hernandez avoided disaster here Wednesday when Judge E. Susan Garsh denied a prosecution motion that would have allowed the admission into the murder trial of the former New England Patriot that he shot a friend and dumped the body in a prior and unrelated incident.

"The Commonwealth is trying to show [Hernandez has a] propensity to shoot his friends," defense attorney James Sultan argued. "This case is about Odin Lloyd and no one else."

Superior Court Judge Susan Garsh, left, denied a prosecution's motion on Wednesday. (AP)
Superior Court Judge Susan Garsh, left, denied a prosecution's motion on Wednesday. (AP)

Hernandez is on trial for the murder of Lloyd, a friend, who was found dead from gunshot wounds behind an industrial park near Hernandez's North Attleboro, Mass., home in June 2013.

The prior shooting involved allegations that Hernandez shot another friend, Alexander Bradley, between the eyes after an argument following a night out at a South Florida strip club in February 2013. Bradley was thrown from the car in a secluded area. He survived, but lost his right eye.

Bradley did not cooperate with authorities but has sued Hernandez in federal court and is considered the star witness in Hernandez's upcoming trial for two more murders in Boston.

Getting a second somewhat similar shooting of a friend in front of the jury would have been a devastating blow to the already long odds Hernandez faces here at Bristol County Superior Court.

Garsh agreed with the defense, upholding her pretrial decision to keep "prior bad acts" out of this case. She denied the contention that the defense's repeated claims that Hernandez lacked motive because he and Lloyd are friends "opened the door" to the prosecution bringing up the other shooting of a so-called friend.

She also stated that the alleged incidents actually aren't that similar since there was motive for Hernandez to shoot Bradley – an argument over a bar tab and disparaging remarks that Bradley made of the NFL player just prior to getting shot. There has been no clear motive presented as to why Hernandez would have shot Lloyd.

The defense was so determined to keep Herandez's lengthy list of incidents away from the jury, it quickly filed a rebuttal to the prosecution's Monday motion and then asked Garsh to rule as soon as possible Wednesday. She handed down her decision while the jury was on its morning break.

Sultan further lashed out at prosecutors, suggesting filing of the motion publicly, rather than under seal, was an orchestrated attempt to get buzz about the Florida shooting into the media and thus potentially to jurors, who despite being ordered to avoid coverage of the case, may find such salaciousness unavoidable.

He described media coverage of the motion, which was made in the middle of what has otherwise been a very technical and dry trial, as "breathless."

"Information is ubiquitous," Sultan argued. "It is hard to believe nothing will filter through to the jury. When something like this is put out there publicly … it is a concern."

He also alleged that the prosecution is speaking with the media against orders. Prosecutor William McCauley denied that charge and denied he'd filed the motion in a back-alley effort to get the information on the Florida shooting to the jury.

Whether that happened anyway is anyone's guess – jurors have sworn all week they've avoided all media coverage and discussion of the case.

If so, the defense has avoided a major defeat. For Aaron Hernandez, who for the second day this week had not a single supporter or family member bother to come to court, that counts as a positive as this case churns on.