THE UNIVERSITY DAILY KANSAN
THURSDAY, OCTOBER 10, 2013
PAGE 9B
MLB
ASSOCIATED PRESS
Prosecutors in Hernandez case seek judge's recusal
Former New England Patriots NFL football player Aaron Hernandez attends a pretrial court hearing in Fall River, Mass., on Wednesday, Oct. 9. Hernandez was indicted in August in the killing of 27-year-old Odin Lloyd, a semi-professional football player from Boston who was dating the sister of Hernandez's girlfriend. He has pleaded not guilty.
ASSOCIATED PRESS
FALL RIVER, Mass. — Prosecutors in the murder case against former New England Patriot Aaron Hernandez want the judge to recuse herself because, they said Wednesday, she and the lead prosecutor have a public history of antagonism and she has shown bias.
McCauley did not detail his reasons in court, but a new filing cited a "well-known and publicly documented history of antagonism" between him and Garsh, stemming from a 2010 murder trial he argued before her.
Bristol County Assistant District Attorney William McCauley wants Judge Susan Garsh to remove herself from the case, he said during a hearing in Fall River Superior Court.
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Though McCauley won a conviction in that case, he was quoted in the media as criticizing Garsh, saying she had unfairly limited or excluded evidence and exhibited hostility.
The filing said the friction would likely be exploited and sensationalized by the media in the high-profile case and could impair the ability of McCauley and Garsh to perform their sworn duties.
"This isn't a matter the Commonwealth takes lightly," McCauley told the judge.
Hernandez, 23, was indicted in August in the killing of 27-year-old Odin Lloyd, a semi-professional football player who was dating the sister of Hernandez's girlfriend. He pleaded not guilty to first-degree murder and five weapons-related charges last month and is being held without bail at a county jail.
Hernandez attorney James Sultan said in court that the defense
would strenuously object to the recusal request when arguments are heard Oct. 21.
Outside court, another of his attorneys, Charles Rankin, declined to comment further. "We are very, very much looking forward to Aaron's day in court," he said.
The defense has said previously that prosecutors' case won't hold up during a jury trial and they are confident Hernandez will be exonerated.
Prosecutors allege Hernandez orchestrated Lloyd's killing because he was upset with him for talking to some people at a night-club with whom Hernandez had problems.
Garsh declined to comment, citing judicial ethics. She didn't address their history in the hearing.
McCauley has previously sought Garsh's recusal in a case. In a 2011 court filing, resubmitted Wednesday in support of the new request, he wrote that she had "exhibited antagonism and bias toward the prosecution throughout the (2010) case" and that he didn't believe she could be free of bias.
During Wednesday's hour-long hearing, Hernandez briefly took the witness stand to answer a string of questions from the judge about a possible conflict of interest in the case by another of his attorneys, Michael Fee. The wife of one of the prosecutors is a partner at the firm where Fee is also a partner.
The questioning was to ensure Hernandez knew of the potential conflict and still wished to be represented by Fee. He said he did.
Four others face charges in the case. Ernest Wallace and Carlos Ortiz, who are said to have been with Hernandez and Lloyd in a car on the night Lloyd was killed,
have been charged with being an accessory to murder after the fact.
According to prosecutors, Ortiz told authorities he did not see who shot Lloyd, but that Hernandez was alone with him before it happened. He initially told police a different story, saying both Hernandez and Wallace got out of the car at the industrial park in North Attleborough, Mass., where Lloyd's bullet-riddled body was found.
Hernandez's girlfriend, Shayanna Jenkins, has been indicted on a perjury charge but not yet been arraigned.
Wallace has pleaded not guilty. Ortiz has not yet been arraigned on the accessory charge but has pleaded not guilty to a gun charge.
Hernandez's cousin, Tanya Singleton, has been indicted on charges including conspiracy to commit accessory after the fact and criminal contempt. Prosecutors say she refused to testify before the grand jury hearing evidence in the case even though she was offered immunity. Singleton has pleaded not guilty to both charges.
Hernandez has also been linked to an investigation into a double homicide in Boston in 2012. While investigating Lloyd's death, police found a sport utility vehicle rented in Hernandez's name at the home of Hernandez's uncle in Bristol, Conn., that they had been wanted in connection with those killings.
DANIEL HARMSEN
Men's rowing sets sights on national championship
CLUB SPORTS
dharmsen@kansan.com
How about a little quick trivia:
what is the oldest intercollegiate sport in the history of the world?
Baseball? Not quite. Basketball?
Nice try. Football? Not even close.
I'll give you a hint; it was the first and only sport to derive from corporal punishment. Think Vikings.
If that didn't give it away, then I'm not sure what will.
GEORGE MULLINIX/KANSAN
Kansas rowers train at the Boathouse, located in Burcham Park on the banks of the Kansas River. The men's rowing team did well over the weekend at Head of the Oklahoma.
Yes, rowing is the oldest intercollegiate sport in the history of the world, dating back to the Egyptians. I didn't know that until I looked it up. I also didn't know that the University had a rowing team until I looked that up as well. And I also didn't know that Kansas men's rowing team will be competing for a national championship this coming May.
The Kansas men's rowing team had a successful few days on the water this past weekend, and now has its sights set on a national championship.
Just a few days ago, Kansas Crew traveled to Oklahoma City to compete in the Head of the Oklahoma Event. This Regatta, rowing race, included a variety of events and many Midwest teams including the Men's Collegiate 4+, which consists of four-man boats, and the Men's Collegiate 8+, which consists of
eight-man boats.
Third-year rowers Brad Wiltfong, Matthew George, Jon Gragg, Sam Rider and coxswain Dylan Shmalberg took home first four, the Men's Varsity Four. It was the first time the Kansas men had placed first at the Head of the Oklahoma.
"The win is big for our program and a great start to our season. This only brings us closer to our goal of a national championship."
JON GRAGG Junior rower
"It was unbelievable to compete at a collegiate level with crews across the nation and to be that successful," freshman Garrett Farlow said.
Head coach Jeremy Struemph was very pleased with the performance he got out of all boats, but especially the Men's Varsity Four.
"Several of our boats had solid showings," Streumph said. "Especially the men's Varsity 4+, which won its event, beating out teams from OCU, Texas, K-State, Wichita State and others."
lunior Jon Gragg stressed the
importance of the big win for the team looking forward.
Kansas looks to carry the momentum of this weekend into future races, and you can be a part of it.
"The win is big for our program and a great start to our season," Gragg said. "This only brings us closer to our goal of a national championship."
"Rowing has a huge influence in my life," senior coxwain Dylan Shmalberg said. "I have met a lot of great people, and every win is done as a team."
"Rowing is a unique balance of technique, teamwork and power," Brad Wiltfong said. "To succeed your body movements must be in harmony with everyone else's in the boat. It is not about comfort. It is about sacrifice and perseverance."
But it isn't for everybody. Rowing takes a special kind of person.
Since 1977, Kansas Crew has been a program offered at the University of Kansas for students interested in competitive rowing. There are no tryouts; however, there are club dues. If you are interested in rowing with the team, contact Treasurer Matthew George by phone at (913) 530-2006, or by email at kansascrew@gmail.com.
Edited by Jessica Mitchell
Find out what's going on at Kansas!
What happens on campus stays on campus.
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