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Hernandez defense: Request for new judge meritless

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October 18, 2013 12:31 PM EST | AP


FALL RIVER, Mass. — FALL RIVER, Mass. (AP) — Lawyers for former New England Patriot Aaron Hernandez say the prosecution's request that the judge assigned to the murder case recuse herself because of alleged bias is without merit.

Prosecutors last week asked Judge Susan Garsh to step aside, saying she and lead prosecutor William McCauley have a "history of antagonism" stemming from a 2010 murder trial. McCauley won a conviction but criticized her in the media. He says he was subjected to hostile treatment and that Garsh wrongly excluded evidence.

Hernandez's attorneys say in a filing that the bias charges are unsupported and the recusal request is "patently without merit."

A hearing on the matter is scheduled for Monday.

Hernandez has pleaded not guilty to murder in the killing of Odin Lloyd.

A message was left with prosecutors.