Hernandez defense team slams DA

Published October 18, 2013

| FoxSports

Aaron Hernandez's defense team criticized prosecutors for filing a motion to have Judge E. Susan Garsh step aside in the murder case, The Boston Globe reports.

"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," the lawyers for the former Patriots' star wrote in a court filing.

"If that [was] the District Attorney's purpose in filing this motion, shame on him," the defense team added.

Gregg Miliote, a spokesman for District Attorney C. Samuel Sutter, said in response that Hernandez's lawyers were attempting to "curry favor with the judge." Miliote also said that prosecutors filed a similar motion two years ago in a case involving the slaying of a child that Garsh presided over.

"Judge Garsh chose not to rule on that motion and instead referred the case to another judge," Miliote said in an e-mail. "The filing of the recusal motion is completely consistent with what we did two years ago. This motion should have been addressed at that time, and now it finally will be heard."

A hearing on the recusal motion is set for Monday.

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