Pool photo by Robert E. Klein / The Boston Globe
WPRO News and the Associated Press
Judge Susan Garsh won’t allow prosecutors in a murder case against ex-New England Patriot Aaron Hernandez to use several pieces of evidence collected since his arrest.
Judge Garsh ruled Friday in Bristol County Superior Court in Fall River that the final text messages sent from Odin Lloyd to his sister will not be admissible in court. Garsh also ruled the .22 caliber gun tossed outside a Providence nightclub will not be used as evidence, nor will a selfie photograph taken by Hernandez showing him holding pistol.
Photo courtesy TMZ
Hernandez has pleaded not guilty to murder in the June 2013 killing of Lloyd, a semi-professional football player who was dating the sister of Hernandez’s fiancee.
Prosecutors say Lloyd sent the messages while in a car with Hernandez and suggested they showed he had become fearful. One said “U saw who I’m with.”
Defense lawyers called the texts innocuous and inadmissible.
In addition, Judge Garsh called Hernandez’s actions in Providence prior the killing of Lloyd and his selfie-photograph as prejudicial.
The two sides also are arguing over the admissibility of other evidence relating to so-called prior “bad acts” by Hernandez.
The judge set a final hearing to examine pretrial filings for Dec. 22. The trial is set to begin with three days of jury selection starting January 9, 2015.
