Lawyers for Aaron Hernandez on Thursday slammed prosecutors for filing what the defense attorneys contend is a frivolous motion to have the judge currently assigned to the murder case step aside.
Counsel for the former New England Patriots star wrote in a court filing that Bristol County prosecutors “surely” do not expect to prevail on their motion to have Judge E. Susan Garsh recuse herself on the grounds of her alleged bias and hostility toward one of the prosecutors.
“But by filing the motion and publicly suggesting that [Garsh] harbors ill will toward the prosecution, perhaps the Commonwealth hoped to intimidate the Court from ruling in [Hernandez’s] favor on any future motions in this case” and manipulate Garsh into “bending over backwards” to avoid the appearance of hostility toward the government, the lawyers wrote.
“If that [was] the District Attorney’s purpose in filing this motion, shame on him,” the defense team added.
A spokesman for District Attorney C. Samuel Sutter said in response that defense lawyers are trying to “curry favor with the judge,” and pointed out that prosecutors filed an identical recusal motion with Garsh two years ago in a case involving the slaying of a child.
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