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Prosecutors in ex-Patriot Hernandez's murder case to argue for new judge; defense objects

  • 9526317c7d03cb23400f6a706700530c.jpg

    FILE - In this Oct. 9, 2013 file photo, former New England Patriots NFL football player Aaron Hernandez attends a pretrial court hearing in superior court in Fall River, Mass. Hernandez has pleaded not guilty to murder in Odin Lloyd's killing in June. Prosecutors are expected to argue at a hearing Monday, Oct. 21, 2013, that Judge Susan Garsh should recuse herself, alleging she and prosecutor William McCauley have a "history of antagonism" stemming from a 2010 murder trial. (AP Photo/Brian Snyder, Pool, File) (The Associated Press)

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    Judge Susan Garsh addresses courtroom attendees from the bench during a bail hearing for Ernest Wallace, an associate of former New England Patriots tight end Aaron Hernandez, in Bristol Superior Court in Fall River, Mass., Thursday, Sept. 26, 2013. Prosecutors are expected to argue in a hearing on Monday Oct. 21, 2013 that Garsh recuse herself alleging she and prosecutor William McCauley have a "history of antagonism" stemming from a 2010 murder trial. (AP Photo/Stephan Savoia) (The Associated Press)

Prosecutors in the Aaron Hernandez murder case who want the judge to recuse herself over alleged bias are set to outline their arguments.

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. McCauley criticized her publicly even after winning a conviction. He says Garsh was hostile and wrongly excluded evidence.

The former New England Patriot's attorneys call the recusal request "patently without merit" and say the bias charges are unsupported.

Both sides will make their arguments before Garsh Monday afternoon.

A spokesman for prosecutors says an identical motion was filed two years ago and that Garsh gave the case to another judge.

Hernandez has pleaded not guilty to murder in Odin Lloyd's killing.

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