Testimony of FL shooting out in Hernandez trial

March 4, 2015 5:40 pm

By: Melissa Randall
Mrandall@abc6.com
@MRandallABC6

Aaron Hernandez is being sued by his long time pal Alexander Bradley for allegedly shooting him in the face in February 2013. On Wednesday the State argued that Bradley should be allowed to testify in the former Patriot’s murder case because the defense ‘opened the door’ for motive:

“The defendant has previously had a similar relationship under similar circumstances in terms of even some small disagreement with somebody who was described as a very good friend of the defendants and then that he would respond in that way,” said prosecutor William McCauley.

The jury was not in the court room for the hearing. The defense claims the Commonwealth is trying to influence the media.

“The whole argument, your honor, is utterly frivolous. Essentially the Commonwealth is arguing that Mr. Hernandez has a propensity to shoot his friends,” said James Sultan, Hernandez’s attorney.

The testimony won’t be allowed.

“The incident in Florida occurred very shortly after the provocation the commonwealth is in effect seeking to use that incident which the court has noted, again, is quite different,” explained Judge Susan Garsh. “I’ve reconsidered the ruling and after doing so decide not to alter the courts ruling.”

Most of the testimony on day 20 of the trial focused on clothes warn by Hernandez and his alleged victim, Odin Lloyd the night of the murder. Investigators tested a hair from a shirt similar to the one the ex-NFl player was wearing in a surveillance photo taken at a Canton, Massachusetts gas station. Sherri Menendez, a forensic scientist at the State crime lab, testified that based on Lloyd’s bullet riddled sweat shirt she was able to determine he was shot from as close as 3 feet.

“Without test firing a gun you don’t know what the actual muzzle to target distance is. Right?” Sultan asked Menendez. She replied, “Not of each exact hole.”

2 hairs found on a white towel just feet from Lloyds body. A .45 caliber bullet was also tested for DNA.

A witness from the Massachusetts State Police also confirmed Tuesday that the tire track left in the industrial park where Lloyd’s body was found matched the rear tires of the Nissan Altima Hernandez rented. That expert will be back on the stand first thing Thursday morning when testimony resumes.