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Published October 18, 2013, 11:51 AM

Hernandez defense: Request for new judge meritless

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 meritless.

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 meritless.

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 won a conviction but criticized her in the media. He says Garsh was hostile and wrongly excluded evidence.

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

A Monday hearing is scheduled.

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

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

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