GUILTY MA - Aaron Hernandez, New England Patriots player, charged with homicides #2

[turaj]

The judge should be ASHAMED of herself for taking out the texts to the sister. What is her excuse for that? Her legal justification seemed very weak and wrong headed, imo.

She seems to strongly dislike the prosecution. I hope she does not allow this killer to walk free.

I had read about them asking her to recuse herself due to the previous situation...some have called it "lawyer shopping"...maybe but clearly after seeing this interchange between them today it was awful. For some reason (and she cannot explain it) she does not want those texts in...state knows she cannot really give an adequate legal justification for her ruling and is pressing it and she really went off...you can be stern or alot of things on the bench but her anger issues became very obvious. I am very anxious to see how he handles this on Monday...he was trying to get her to forumulate her position on not letting text in and she really got hostile knowing he is going to appeal her on this. Not a fan of Judge Garsh in general but today it became clear to me she does not have the temperament for the courtroom...no doubt she knows the law but way more to the job than that.

 

[Softail]

susan candiotti cnn ‏@susancandiotti · 5m5 minutes ago
#AaronHernandez Day 13 begins @9a eastern I'm in court tweeting Will victim Odin Lloyd's sister Shaquilla take the stand today?

 

[Softail]

From this article, it sounds like the prosecution is appealing her decision. They need these texts for the timeline.....

Communication showdown heats up Aaron Hernandez trial

“I have made a ruling,” she yelled over McCauley’s pleas. “My ruling stands. … An appeals court will understand my order.”

Prosecutors hinted toward filing an appeal, and they have every right to. Using those texts as a way to show Lloyd’s location is fair game.

“I question her ruling. The substance and the contents of the texts aren’t coming in. If a witness can testify about the receipt of the communication … that’s not a problem,” said Brad Bailey, a criminal defense attorney and former prosecutor, not involved in the case. “That is admissible evidence.”

Prosecutors and Hernandez’s defense team can use this weekend to iron out the issue. But if they can’t, McCauley will likely go over Garsh’s head.

http://www.bostonherald.com/news_op...ation_showdown_heats_up_aaron_hernandez_trial

 

[katydid23]

I HOPE they do go over her head. I cannot believe she is preventing the jury from learning about the final texts, sent moments before his murder/ That is VITAL information. And she has no valid excuse. She said it was because the victim did not seem to know his death was imminent nor seem to show hostility. WTH?

 

[catpatrol]

I HOPE they do go over her head. I cannot believe she is preventing the jury from learning about the final texts, sent moments before his murder/ That is VITAL information. And she has no valid excuse. She said it was because the victim did not seem to know his death was imminent nor seem to show hostility. WTH?

I agree. I've yet to hear a good reason for not allowing the texts. Why should the prosecution have to prove why he sent the texts? Shouldn't that be up to the jury to use their own reasoning?

 

[katydid23]

from link:

http://www.bostonherald.com/news_opi...ernandez_trial

Superior Court Judge E. Susan Garsh has already thrown the texts out as inadmissible hearsay. Lloyd, obviously, can’t be cross-examined, so there’s no way to know if his messages were a fearful warning or simply him bragging about his famous company.

Yesterday, Garsh went a step further, and prosecutors have already hinted they may file an appeal.

Assistant District Attorney William McCauley was about to call Thibou as a witness, but first the attorneys went to sidebar to discuss what she was going to say when it was time to talk about the texts.

Prosecutors wanted to reference “communications” between the two as a way to show where Lloyd was — using cell towers and time stamps — when the texts went out.

That made sense. Throughout the day, prosecutors built their timeline from June 17, 2013 — the day Lloyd was murdered. They had a convenience store clerk say he saw Hernandez in the early morning hours. Later, a neighbor’s surveillance footage showed a car pick up Lloyd in front of his Dorchester home.

Prosecutors say Hernandez and co-defendants Carlos Ortiz and Ernest Wallace were in the vehicle.

Hernandez’s defense team and prosecutors agreed that the texts could be used to show where Lloyd was. But after a short break, Hernandez’s lawyers only stipulated to the fact that Lloyd was alive at 3:22 a.m. — the time of the last text.

McCauley was furious, but Garsh lashed out and said she wouldn’t allow any other reference to the communications.

“I have made a ruling,” she yelled over McCauley’s pleas. “My ruling stands. … An appeals court will understand my order.”
==========================================================================================

BBM

So who cares if he was giving a scared warning OR he was bragging about being w/NFL---who cares? Either way, it is evidence of who he was riding with moments before he was murdered. It is shocking to me that this judge is so dead set against even allowing the state to say there were texts sent to his sister at all---even leaving out the content.

Why can't they use the texts to show where he was in terms of cell pings?

 

[katydid23]

Jen's Trial Diaries ‏@TrialDiariesJ 1m1 minute ago
Text messages from Odin to his sister r coming in to #aaronhernandez trial but not the content. This is just to show Odin was alive at time

Wild About Trial ‏@WildAboutTrial 2m2 minutes ago
This seems like the right decision. If the phone records are allowed in then the corroborating wit testimony should be too. #AaronHernandez

Cathy ‏@courtchatter 7m7 minutes ago
Watch #AaronHernandez trial LIVE here http://bluesharp1911.wix.com/courtchatter#!aaron-hernandez-link-2/c1hg4 … and join us for live chat.

Cathy ‏@courtchatter 8m8 minutes ago
Judge Garsh begins the day by telling attys she has given more thought to the texts Odin Lloyd sent & will hear further info #AaronHernandez

Brian Fraga ‏@BfragaHN 11m11 minutes ago
Day starts w/arguments about the text messages between Odin Lloyd and his sister #AaronHernandez

 

[Softail]

At about 57:40 is where the arguments in court happened. The judge yelling at the prosecutor.

https://www.youtube.com/watch?v=2PhlZShHIUI

 

[Chelly]

Oh wow. This witness was resting in her car with seat back in parking lot area near where OL was killed. She heard the shots.

 

[Chelly]

The Gold Patrol™ ‏@thegoldpatrol 9m9 minutes ago
#AaronHernandez Sgt Conroy on stand now.



Wild About Trial ‏@WildAboutTrial 2m2 minutes ago
Conroy arrived at N. Attleboro wooded area. Shown a semi-auto firearm lying on the ground down a slope. #AaronHernandez -RK



Wild About Trial ‏@WildAboutTrial 19s20 seconds ago
We've heard about this .22 caliber firearm before. Remember we also heard testimony they found .22 bullets in #AaronHernandez safe. -RK

 

[Chelly]

I am a little confused.
When was this firearm recovered?
In the video of the discovery, looks like snow on ground. Was discovery recent?
Wasn't the murder weapon missing at start of trial.

 

[katydid23]

I am a little confused.
When was this firearm recovered?
In the video of the discovery, looks like snow on ground. Was discovery recent?
Wasn't the murder weapon missing at start of trial.

According to chat on Court chatter, this gun was nOT the murder weapon. But it can be tied back to AH and he is being charged with gun charges.

 

[Chelly]

According to chat on Court chatter, this gun was nOT the murder weapon. But it can be tied back to AH and he is being charged with gun charges.

Okey dokey. Thanks. I recall now the MW was a 45 I believe. (and still un recovered).... The gun found was a 22 semi auto.

 

[katydid23]

It seems to me that the state had a pretty good day. They had 2 witnesses that heard the gunshots about 320 am, which destroys the DT's excuse, that maybe Lloyd was dumped from a car, not shot there.
And they had a credible sounding Brazilian maid that found guns, twice, in Hernandez's bedroom , while cleaning.

And they got the judge to change her ruling and allow some of the info in about the texts to his sister. Not the content but the timing, showing he was alive moments before the shots were heard. And video evidence that places him with Hernandez and his crew when he was picked up from his home earlier. . .

If you add the blue bubble gum witness to all of this, it is pretty strong circumstantial evidence, showing that Hernandez was in a vehicle with Lloyd when Lloyd was shot. JMO

I did not think the cross examinations were that effective. The confirmation bias that they tried to trip up the fingerprint analyst with was ridiculous. Fingerprint analysts are pretty objective, imo.

 

[turaj]

It seems to me that the state had a pretty good day. They had 2 witnesses that heard the gunshots about 320 am, which destroys the DT's excuse, that maybe Lloyd was dumped from a car, not shot there.
And they had a credible sounding Brazilian maid that found guns, twice, in Hernandez's bedroom , while cleaning.

And they got the judge to change her ruling and allow some of the info in about the texts to his sister. Not the content but the timing, showing he was alive moments before the shots were heard. And video evidence that places him with Hernandez and his crew when he was picked up from his home earlier. . .

If you add the blue bubble gum witness to all of this, it is pretty strong circumstantial evidence, showing that Hernandez was in a vehicle with Lloyd when Lloyd was shot. JMO

I did not think the cross examinations ...ere that effective. The confirmation bias that they tried to trip up the fingerprint analyst with was ridiculous. Fingerprint analysts are pretty objective, imo.

I agree they had a good day....but this judge is so offensive in so many ways...something seems very off with her...she really lost it on Fri and today has had a change of heart? And the way she repeated interrupted the state so many times going on about the fact that he had a gun is not for the jury to consider...yeah got it but that should be at the end...she seems hell bent on doing all possible to hurt the state's case. She is also just a witch to the witnesses especially the two cleaning people who were really good witnesses and so trying to do the right thing...they looked at this judge like she was from another planet the way she barked at them. So many judges do all possible to make the witness comfortable...not Susan Garsh. I can only hope the jury can get by her attitude.

 

[Softail]

I agree they had a good day....but this judge is so offensive in so many ways...something seems very off with her...she really lost it on Fri and today has had a change of heart? And the way she repeated interrupted the state so many times going on about the fact that he had a gun is not for the jury to consider...yeah got it but that should be at the end...she seems hell bent on doing all possible to hurt the state's case. She is also just a witch to the witnesses especially the two cleaning people who were really good witnesses and so trying to do the right thing...they looked at this judge like she was from another planet the way she barked at them. So many judges do all possible to make the witness comfortable...not Susan Garsh. I can only hope the jury can get by her attitude.

Maybe she read news reports about her behavior.

:dunno: When this trial started, I thought she was going to be a really good judge. Now, not so much. :sigh:

Thanks for the updates guys. :seeya:

 

[katydid23]

I agree they had a good day....but this judge is so offensive in so many ways...something seems very off with her...she really lost it on Fri and today has had a change of heart? And the way she repeated interrupted the state so many times going on about the fact that he had a gun is not for the jury to consider...yeah got it but that should be at the end...she seems hell bent on doing all possible to hurt the state's case. She is also just a witch to the witnesses especially the two cleaning people who were really good witnesses and so trying to do the right thing...they looked at this judge like she was from another planet the way she barked at them. So many judges do all possible to make the witness comfortable...not Susan Garsh. I can only hope the jury can get by her attitude.

I agree about the judge sounding so harsh, and interrupting the witnesses. It would not bother me if they were professionals, like forensics, or LE or expert witnesses. But they were regular civilians, with no biases, just happened to hear shots or find evidence while house cleaning, and she interrupted and barked legalese at them, like she was scolding them. I hope the jury hates her as much as I do. lol

And she seemed to do that without responding to an objection by the DT. She just started in and told the jurors that the gun evidence did not mean the defendant was a killer. What a DREAM judge for the DT.

 

[Softail]

I agree about the judge sounding so harsh, and interrupting the witnesses. It would not bother me if they were professionals, like forensics, or LE or expert witnesses. But they were regular civilians, with no biases, just happened to hear shots or find evidence while house cleaning, and she interrupted and barked legalese at them, like she was scolding them. I hope the jury hates her as much as I do. lol

And she seemed to do that without responding to an objection by the DT. She just started in and told the jurors that the gun evidence did not mean the defendant was a killer. What a DREAM judge for the DT.

I'm going to have to go watch now!

 

[SStarr33]

I agree about the judge sounding so harsh, and interrupting the witnesses. It would not bother me if they were professionals, like forensics, or LE or expert witnesses. But they were regular civilians, with no biases, just happened to hear shots or find evidence while house cleaning, and she interrupted and barked legalese at them, like she was scolding them. I hope the jury hates her as much as I do. lol

And she seemed to do that without responding to an objection by the DT. She just started in and told the jurors that the gun evidence did not mean the defendant was a killer. What a DREAM judge for the DT.

The way she did it made me think it was something required by law.

 

[katydid23]

The way she did it made me think it was something required by law.

Maybe, she can justify it as being legally required. But her tone and attitude was way over the top, imo. Nothing wrong with a judge giving jurors those kinds of legal notifications. But she did so in a very negative and snarky way, imo. Like she was dismissing the evidence totally, and admonishing the jury to do the same.

Also, it could have been put in the jury instructions. I don't usually see a judge jump into the middle of a witnesses testimony and giver instructions like that.