Ok, so, Judge Susan Garsh has a reputation as being a bit of a ball buster. She has a nasty history with prosecutor William McCauley, who is prosecuting Hernandez. McCauley asked her to recuse herself b/c of a well-documented history of antagonism against McCauley.
Her response: “I do not fear or favor the Commonwealth or the defendant,…A person aware of all facts and circumstances would not reasonably question my impartiality.”
Um, wow. Melodramatic much?
Now, she has thrown out the round found in Hernandez’s apartment and the magazine in Hernandez’s vehicle, saying the police lacked probable cause. I will admit not all the fact have been made public, but, are you fucking kidding me? They have this guy dead to rights and he may walk. Unreal.
FALL RIVER, Mass. – A judge has thrown out as evidence bullets found in an apartment rented by ex-New England Patriots tight end Aaron Hernandez and a magazine found in his Hummer, saying police didn’t demonstrate probable cause for the searches.
Judge Susan Garsh ruled Thursday in Fall River Superior Court. Prosecutors had previously indicated they wouldn’t oppose the defense’s effort to keep the items out but provided little explanation.
My guess is they still have more than enough to get him with. I also wouldn’t be surprised if one or both of the other two guys being held in the Lloyd case turn on him.
Also, if the police fucked up and they know the police fucked up, what are they supposed to say?
I would like to read the transcript from the hearing, but, it is not available.
I know very few of the particulars related to these searches, but if the PA isn’t opposing suppression, that’s a pretty strong indication that they didn’t have probable cause. I’m not sure what else the judge was supposed to do. A bad search is a bad search regardless of how guilty we know the defendant is.
Also, if the police fucked up and they know the police fucked up, what are they supposed to say?
I would like to read the transcript from the hearing, but, it is not available.
I know very few of the particulars related to these searches, but if the PA isn’t opposing suppression, that’s a pretty strong indication that they didn’t have probable cause. I’m not sure what else the judge was supposed to do. A bad search is a bad search regardless of how guilty we know the defendant is.
That’s why I want to read the transcript. I would love to know what happened. I could, maybe, see the rounds in the apartment. But, as you know, there are very few privacy rights in a vehicle and the magazine was (allegedly) found sitting on the floor of the Hummer.
Agreed. And I would be curious to read that transcript as well. I just can’t fathom why the PA would acquiesce to suppression if they believed it was a righteous search. Very odd.
as noted above the DA must have acknowledged either through silence or verbally that their PC was weak. I agree with you, the transcripts would be interesting to see because all they would have needed for the vehicle stop was a headlight out, or speeding or unsafe lane change, or _____ ( you fill in the blank). The magazine from the vehicle would be better than some bullets because presumably the magazine had rounds in them as well.