Hernandez Wants Evidence from 2nd Murder Case Tossed From Lloyd Murder Trial - NBC Bay Area

Hernandez Wants Evidence from 2nd Murder Case Tossed From Lloyd Murder Trial

They're also seeking to exclude a TMZ photograph that shows Hernandez holding a gun

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    Lawyers for former New England Patriots tight end Aaron Hernandez want evidence from the 2012 double homicide case against him to be excluded at his January trial for the murder of Odin Lloyd.

    Hernandez, who is scheduled to go on trial next month in the Lloyd case, has also pleaded not guilty in the 2012 fatal shootings of two men after a chance encounter at a Boston nightclub.

    His lawyers filed a motion Wednesday to exclude evidence from that case from his trial in the Lloyd case. They also asked to exclude seven other "bad acts" listed in the prosecution's Oct. 31 notice, including:

    • Guns allegedly purchased in Florida and transported via Oscar Hernandez.
    • A May 18, 2013, incident outside a nightclub in Providence, Rhode Island.
    • A rifle, magazine, and ammunition found in a duffel bag inside a vehicle in Hernandez's garage.
    • A .22-caliber ammunition found inside Hernandez's residence.
    • A .22-caliber pistol found in the woods in North Attleborough, Massachusetts.
    • The shooting of Alexander Bradley in Florida on Feb. 13, 2013.
    • A TMZ photograph that shows Hernandez holding a gun.

    Hernandez's lawyers argue in the motion that the alleged "bad acts" are irrelevant to any issue before the jury in the Odin Lloyd murder case. They also argue that the value of that evidence would be "substantially outweighed by the risk of undue prejudice to Hernandez and would divert the jury's attention from the charged offense - the alleged murder of Odin Lloyd. Finally, the TMZ photograph cannot be properly authenticated."

    [CLICK HERE to read the full motion.]

    The motion also references 22 other "bad acts" cited by the prosecution, and asks that the state be ordered to file a detailed order of proof describing "the evidence it seeks to elicit on each such topic and the purported legal basis for admissibility in order to provide the defendant with fair notice and an opportunity to take an informed position with respect to such evidence."

    Hernandez's lawyers go on to say that the 30 alleged "bad acts" the prosecution seeks to present evidence about in the January trial "encompass a cornucopia of alleged activities including other shootings, gun trafficking, firearms possession, drug use, a drunk driving arrest, a 2009 photograph, and even a fender-bender."

    If allowed to introduce all of even much of that evidence, they said, the prosecution "will have succeeded in transforming a murder trial into a wide-ranging, collateral attack on the defendant's personal history, character, lifestyle, and propensities."

    Hernandez is scheduled to go on trial on Jan. 9 for the killing of Lloyd, a semi-pro football player whose bullet-riddled body was found in an industrial park about a mile from Hernandez's North Attleborough home in June of 2013.