Saturday, December 13, 2014

Hernandez seeks dismissal of murder case

(AP Photo/Faith Ninivaggi, Pool)
(AP Photo/Faith Ninivaggi, Pool)

AARON HERNANDEZ'S attorneys yesterday asked a judge to throw out one of the former NFL star's murder cases, saying prosecutors lack evidence.

Prosecutors countered that they can tie Hernandez to Odin Lloyd's shooting and that the killing was part of a pattern of Hernandez committing acts of violence after nightclub disputes.

Also during yesterday's court hearing in Fall River, Mass., Hernandez pleaded not guilty to charges that he attacked a handcuffed inmate and threatened to kill a guard and his family while at a county jail in Dartmouth.

Hernandez faces murder charges in the June 17, 2013 slaying of Lloyd, a semipro football player, as well as a separate case in which he is accused of gunning down two men in Boston from inside a SUV in 2012. He has pleaded not guilty in each case and is being held without bail.

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  • The former New England Patriots tight end sat passively in a blue blazer and khaki dress pants as his attorneys argued that the charges in the Lloyd slaying should be dismissed. Defense attorney James Sultan said the prosecution might be able to prove Hernandez was with Lloyd the night he was killed, but he argued that does not make Hernandez culpable.

    "You can't throw a bunch of stuff at the wall. That's not probable cause," Sultan said.

    Prosecutors said their evidence includes a flurry of phone calls and text messages among those involved and the fact that Lloyd's body was found about 1,000 yards from Hernandez's home in North Attleborough, where Lloyd didn't know anybody but Hernandez.

    Prosecutor William McCauley also said the state's investigation into incidents in Boston, Providence and Florida show a "common pattern" of allegations of violence against Hernandez following disputes at nightclubs.



    * Former NFL running back Marion Barber III was detained and taken for a mental-health evaluation after police were called to a Dallas suburb.

    Mansfield police spokesman Thad Penkala said it wasn't clear what led to the calls that prompted a response from police Sunday night. Penkala said officers took Barber to a hospital for a mental-health check based on conversations with the former Pro Bowl back.

    Penkala said Barber was not arrested or facing charges.

    Barber, 31, spent six of his seven seasons with the Dallas Cowboys before finishing his career in Chicago in 2011. He rushed for 4,780 yards and 53 touchdowns.

    * Former Dallas Cowboys tackle Josh Brent will spend at least 45 days in rehab following his release from jail in the drunken-driving death of a teammate and a return to his former team remains a possibility.

    Brent was released Sunday after serving about 5 months in jail for the wreck in December 2012 that killed Cowboys practice squad linebacker Jerry Brown, his close friend and college teammate at Illinois. A judge ordered Brent to spend at least 45 days in a residential facility for substance abuse as part of his sentence of 10 years of probation.

    * Former Indianapolis tight end Dallas Clark will retire today with the team that brought him into the NFL.

    Clark was Indy's first-round pick in 2003 and played with the team through 2011.


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