Hernandez Judge Declines to Recuse Herself

Prosecutors have asked Judge Susan Garsh to step aside, saying she and prosecutor William McCauley have a "history of antagonism" stemming from a 2010 murder trial

Monday, Oct 21, 2013  |  Updated 3:27 PM PDT
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Hernandez Judge Declines to Recuse Herself

ASSOCIATED PRESS

Former New England Patriots NFL football tight end Aaron Hernandez Hernandez has pleaded not guilty to murder in the death of Odin Lloyd, a 27-year-old Boston semi-professional football player whose body was found June 17 in an industrial park in North Attleboro near Hernandez's home.

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The judge in the Aaron Hernandez murder case has declined to recuse herself, saying she has no bias against prosecutors.

Prosecutors asked Judge Susan Garsh to step aside, alleging she and prosecutor William McCauley have a "history of antagonism" stemming from a 2010 murder trial.

McCauley criticized her publicly, even after winning a conviction, saying she was hostile and wrongly excluded evidence.

Attorneys for Hernandez, a former New England Patriots player, argued the recusal request was without merit.

In her ruling, Garsh said she harbored no bias in 2010 and doesn't now.

She said she "examined my emotions and consulted my conscience" and that she's free from prejudice in the case.

Garsh also said her impartiality can't reasonably be questioned by objective people.

Bristol District Attorney Samuel Sutter says he won't appeal.

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