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Hernandez friend disputes murder charge against him

Carlos Ortiz was arraigned inn Attleboro on June 28, 2013.
Carlos Ortiz was arraigned inn Attleboro on June 28, 2013.(George Rizer for the Boston Globe)

Carlos Ortiz, a friend of former New England Patriots star Aaron Hernandez, is asking a judge to throw out his murder indictment in the same case in which Hernandez was convicted earlier this year.

In a motion to dismiss the murder charge against him, Ortiz’s defense attorney said the grand jury that indicted Ortiz had not been presented with enough evidence to bring the charge.

“The Commonwealth provided no evidence that Ortiz participated in any way or had any intent to commit or participate in the murder of Odin Lloyd,” defense attorney John J. Connors wrote in the motion.

Hernandez, once a promising tight end in the NFL, was convicted in April of murdering Lloyd, 27, of Dorchester. Lloyd was fatally shot in June 2013 in North Attleborough, near Hernandez’s home. Hernandez is serving a life sentence for the murder, but his lawyers are challenging his conviction.

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Ortiz, who is from Bristol, Conn., and Ernest Wallace, also from that town, are also charged with murdering Lloyd. They allegedly joined Hernandez in picking up Lloyd from Dorchester and driving him to the industrial park where he was fatally shot.

The motion filed by the lawyer, John J. Connors, which was released on Monday, said the evidence before the grand jury “may well speak to an indictment for accessory after the fact, but none of it points to active participation.”

Arguing for the dismissal, Ortiz’s lawyer also said that during interviews with police, Ortiz “maintained that he had not participated in Lloyd’s shooting and did not know it was going to happen.”

Rather than being summoned to Hernandez’s house on the night of the slaying as part of a murder plan, the defense said, Ortiz “believed he was going to Hernandez’s house to socialize.”

Ortiz told police after the slaying that he was “shocked that Lloyd had been shot and was scared when they returned to Hernandez’s house because Hernandez had threatened him and his family,” the defense said.

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The defense also argued that prosecutors improperly introduced evidence that compromised the integrity of the grand jury proceedings

Last month, lawyers for Wallace also filed a motion to dismiss the case against him.

Hernandez faces more legal troubles in a separate case. He has been charged in Suffolk County for allegedly killing two men in a drive-by shooting in Boston’s South End in July 2012. He has pleaded not guilty.