Prosecutors in the Aaron Hernandez murder case plan to appeal a judge's gag order they insist goes "way beyond the rule" that already limits attorneys from making prejudicial comments outside the courtroom.
"I've never seen an order like this in 30 years of practicing in the criminal justice system," Bristol County District Attorney C. Samuel Sutter said in a Friday morning interview on WADT-FM radio. Sutter added he feels the former New England Patriots tight end's case should be handled as all other high-profile cases are, adding that Superior Court Judge E. Susan Garsh has essentially put the case in its own separate category.
"Essentially, I can't say anything about the case," Sutter told WCVB. "I can't go on the air and repeat what took place in court, and to me that's unacceptable because the public has a right to know. We intend to appeal the decision on the gag order because we disagree with it. We will articulate our position more thoroughly in our appeal in the coming weeks."
Garsh issued the order earlier this month, handcuffing both sides from discussing the case outside of the courtroom. That order, Sutter argues, extends well beyond the Massachusetts Rules of Professional Conduct that already prohibit attorneys from making prejudicial extrajudicial comments.
Hernandez's lawyers requested the gag order after they accused the district attorney's office of "orchestrating a media stunt" by allegedly leaking prejudicial information to the press. The gag order is the latest clash between Garsh and prosecutors, who have tried to entice the judge into recusing herself from the case on grounds that she had a strained professional relationship with First Assistant District Attorney William McCauley, one of the lead prosecutors in the case.
The 24-year-old Hernandez is charged with first-degree murder in the execution-style slaying of Odin Lloyd last June. Investigators have speculated Hernandez may have killed Lloyd because he had information about other violent crimes he is alleged to have been involved in.
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