Attorneys for Aaron Hernandez are expected try getting the murder charges against him in the Odin Lloyd probe dismissed next week on the grounds that prosecutors have not established probable cause against the former NFL star.
While conceding prosecutors presented a "mountain of documentary and video evidence" to a grand jury that indicted him, defense attorneys insist authorities have failed to establish that Hernandez either "murdered Lloyd himself, or participated in a joint venture with fellow suspects Carlos Ortiz and Ernest Wallace Jr." to do so.
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"Specifically, there was no forensic evidence presented linking Hernandez to the shooting, no eyewitness testimony, no inculpatory statements by Hernandez, and no evidence that Hernandez had any motive to kill Lloyd," the defense wrote according to MassWeekly.com. "Basically, all that the Commonwealth showed the grand jury is that Hernandez was in a car with Lloyd and several other individuals shortly before Lloyd was shot to death."
In their filing, defense attorneys James L. Sultan and Michael K. Fee further allege the prosecution compensated for the missing evidence by misleading the grand jury through the presentation of irrelevant, unfairly prejudicial and improper evidence designed to inflame.
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"To compensate for gaping holes in its proof, the Commonwealth sought to portray Hernandez, a well-known, popular professional athlete, as an immoral drug-user with violent criminal propensities," the defense adds in its filing."This deliberate strategy worked."
Judge E. Susan Garsh will rule on the motion on June 16. MassWeekly reports she will make her decision by reviewing grand jury minutes and hearing lawyer arguments.
At a minimum, the motion will require the prosecution to shed more light on the case it has built against the former New England Patriots tight end and how it plans to present its evidence at trial.
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