Updated

Lawyers for former New England Patriots tight end Aaron Hernandez will ask a judge to dismiss murder charges against Hernandez in a 2012 double slaying.

A hearing is scheduled Tuesday in Suffolk Superior Court on a motion from Hernandez's lawyers to drop the charges.

Prosecutors say Hernandez killed Daniel de Abreu and Safiro Furtado after de Abreu accidentally bumped into Hernandez at a Boston nightclub, spilling his drink. He's accused of following the men, pulling up to their car and opening fire.

Hernandez's lawyers say insufficient evidence was presented to the grand jury to establish probable cause.

The defense also will argue that evidence seized from the SUV Hernandez was in should be tossed out because police obtained a search warrant relying on statements made by a man who failed a lie-detector test.

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