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Hernandez Lawyers Argue Against Call For New Judge

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Aaron Hernandez Court Appearance

Aaron Hernandez (Photo Credit: Jared Wickerham/Getty Images)

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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.

(© Copyright 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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