Evidence thrown out in Hernandez trial

By Dana Griffin

dgriffin@abc6.com

@DanaRGriffin

FALL RIVER, MA- Arguing for the right to a fair trial, Aaron Hernandez’s defense team won’t have to answer to suggestive text messages sent from Odin Lloyd to his sister the night he was killed.

The messages read: “Did you see who I’m with?”, “NFL,” and “Just so you know.”

Defense attorney, James Sultan argued Lloyd’s texts could have been bragging about being with the celebrity.

The judge says the messages didn’t show Lloyd knew he was in immanent danger. One of the messages was sent minutes before he was shot and killed in June, 2013.

Judge Susan Garsh said, “The text messages are not suggestive of any hostility at best. They may support an inference of fear. And fear, unlike hostility is not relevant even if known to the defendant.”

Judge Garsh also ruled that prosecutors may not mention the 2012 killing of two men outside a Boston nightclub– which Hernandez will stand trail for later next year. They cannot mention the shooting of Alexander Bradley, a former friend of Hernandez who claims Hernandez shot him in the face after an argument in Florida in 2013.

A .22 caliber gun found in the woods near Hernandez’s North Attleboro home will be allowed since it may be tied to in the murder– but other firearms, including one seized by Providence Police after an altercation before the murder is not considered relevant.

Defense attorney, James Sultan said, “They want to put this Providence incident into evidence to show that Mr. Hernandez is a guy who engages in altercations and he hangs out with people who are armed.”

The 2009 selfie, released by TMZ showing the former Patriots football star holding a gun is also not admissible. The judge called it prejudicial.

Jury selection begins January 9th in Fall River.

Patriots’ owner Bob Kraft and Coach Bill Belichick could be called to testify.

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