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Hernandez judge to hear arguments on recusal

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October 21, 2013 01:02 AM EST | AP


FALL RIVER, Mass. — FALL RIVER, Mass. (AP) — Prosecutors in the Aaron Hernandez murder case who want the judge to recuse herself over alleged bias are set to outline their arguments.

Prosecutors have asked Judge Susan Garsh to step aside, saying she and prosecutor William McCauley have a "history of antagonism" stemming from a 2010 murder trial. McCauley criticized her publicly even after winning a conviction. He says Garsh was hostile and wrongly excluded evidence.

The former New England Patriot's attorneys call the recusal request "patently without merit" and say the bias charges are unsupported.

Both sides will make their arguments before Garsh Monday afternoon.

A spokesman for prosecutors says an identical motion was filed two years ago and that Garsh gave the case to another judge.

Hernandez has pleaded not guilty to murder in Odin Lloyd's killing.