Transcript for Aaron Hernandez Arraigned in Boston Court
This is a special. I'm Michelle Franzen -- New York you're watching live coverage. Of an arraignment. -- in the Boston area Suffolk County Aaron Hernandez the former New England Patriots. I'm just entering a plea of not guilty let's listen. Yes you're just met mr. magistrate. In days before this court arise out of a comprehensive multi month -- investigation by the Suffolk County district attorney's office. In -- Boston Police homicide -- This investigation -- yielded significant evidence including -- surveillance analysis. Cell site location information and records forensic testing eyewitness identifications and witness statements and testimony. This evidence established that on July 16 the year 2012. Approximately 2:30 AM the defendant Aaron Hernandez. -- -- 38 caliber revolver shot and killed two men. And injured a third as the victims were stopped at the intersection. Shawmut avenue and Harold street in the city of Boston. The driver of the victim's vehicle 29 year old Daniel. The front seat passenger 28 year -- here for -- Suffered fatal gunshot and the head. Two backseat passengers escaped without injury and a third backseat passenger. Suffered nonlife threatening wound to his -- The sequence of events begin previous -- mr. magistrate on Sunday July 15 -- 2012. At approximately 10 PM. When a defendant -- second person left Manchester Connecticut with plans to go to secure lounge and nightclub in Boston. The second person's a friend and associate of the defendant known to the -- -- The pair traveled any 2006. Silver Toyota -- SUV. -- vehicle that have been provided the defendant that's part of premier promotional arrangement with a rally car dealership. Yes -- view is owned by and registered to dealership and not the defendant. Just prior to leaving Connecticut the defendant was observed to place a revolver into the engine block of the SUV where it was -- -- but easily accessible. Evidence suggests that in the months leading up to July 2012. The defendant have become increasingly sensitive and angered by what he believed to be people testing trying or otherwise disrespecting him. When he frequent in nightclubs in the -- And approximately 12 AM on July 16 2012. The defendant and his friend arrived in Boston parking garage at 274 trauma street a short distance from -- -- lounge. By coincidence the nuclear program to fear for Colorado and three of their friends right at the same -- -- -- than five minutes of the defendant. The victims of trauma the theater district from Dorchester -- agreed 2003 BMW. Owned by mr. -- -- -- sister. It previously socialize together in Dorchester family Dorchester but -- None of the victim's head and -- here prior to that night. Approximately 12:30 AM the victims and to the border secure -- As issued identification -- -- cover charge the defendant and his friend were escorted into the nightclub play here employ. Witness testimony corroborated by surveillance video from the entrance -- the nightclub. Indicates that there is no interaction at this time between -- defendant and his friend or any of the victims. There's also no evidence that the victims and the defendant knew one another or had ever cross past prior to that night. In fact none of the victims recognized defendant as someone they had seen before either in person or otherwise. The defendant and his friend proceeded downstairs. Purchase drinks and stood at the edge of the dance -- Shortly thereafter Daniel. -- -- -- -- -- -- -- -- The defendant became angered increasingly agitated particularly after mr. dear brave smile and did not apologize. There was no -- verbal argument between the defendant mr. -- -- -- and there was no physical contact between them beyond that initial off. In fact neither victims nor the security staff at the club -- where that the defendant had become anger agitated as a result of the incident. The defendant told his friend that mr. Deirdre had deliberately bumped him and -- quote trying him. The defendant's -- -- the -- defendant to leave the nightclub and walked him outside just ten minutes after -- right. The defendant was captured on surveillance video quickly consuming to mix drinks he walked out front door -- -- For the next five minutes -- -- his friend attempted to calm the defendant as he paced back and forth in the sidewalk leading towards apartment right. Via surveillance from the outside of the nightclub captured this interaction. The defendant is -- and then walked across the street and entered another nearby nightclub. Within fifteen minutes of their arrival -- the second nightclub the defendant pointed out a small group of men now entering that club. The defendant told his friend that this group including the man -- would want him and spilled his drink. The defendant again voiced his belief that he was being targeted. -- -- respected by this individual and his friends and that he believed they were now following him from -- Witness testimony and video surveillance revealed however that the defendants believed was mistaken as the victims never left the cure lounge until after 2 -- Shortly after these observations the defendant the person -- was with at the second nightclub left. And walked back to the parking garage. Those two men were captured on video surveillance from the parking garage leaving the scene silver SUV. They drove around immediate area and at some point the evidence suggests that they pulled over any street nearby. They're the defendant open could have the SUV. And retrieved the loaded 38 caliber revolver that he had placed there earlier that night. At approximately 2:10 AM the five victims left -- lounge. At 2:17 AM Daniel -- radio -- -- -- for top and one of the surviving victims walk down from a street to get to the car. At this time to defend -- SUV was captured on surveillance video driving by and slowing down as it passed the three victims entering the parking. The SUV looped around the block in three minutes later. Slowly drove by again as the two other victims. Now waited in front of the parking garage for their friends to exit -- the BMW. Following a second pass defend his SUV pulled over and park a short distance away. The defended his friend walked towards a parking garage and stood near the exit. Approximately 2:26. -- surveillance video shows the victim mr. dear brave. And mr. Furtado and the third victim -- in the garage and BMW and picking up -- two friends. As a BMW pulled out of -- rock the defendant and his associate got back into the SUV. The victim's car passed by -- a defendant stated there they go. The defendants -- -- -- than follow the victim's car downtrend on street. The defendants -- TV briefly stopped at a red traffic light men quickly accelerated through the red light to catch up to the victim's car. The victim's car was stopped at the next traffic light at the intersection -- street and Shawmut avenue. At this time the victims were completely unaware there was any problem with the defendant or anyone else and we're similarly unaware that they were now being follow. The defense Jesse people look close alongside the passenger side of the victim's car. The defendant leaned out of the driver's side window of the SUV. With a loaded revolver in his hand extended out and stated yo what's up now. And any racial slur. The defendant immediately fired at least five rounds with 38 caliber revolver into the victim's car. Witnesses reported hearing the clicking noise as a defending continued to pull the trigger of the gun after all the look of bullets have been -- Dana -- -- braves suffered fatal gunshot wounds to his chest -- for Thomas suffered fatal gunshot wounds to his head. Both of radio and -- Otto were pronounced dead at the scene. The middle backseat passenger suffered nonlife threatening injury to his arm. Immediately after the shooting -- defendant and his associate fled the scene in yes UV. While traveling westbound in Massachusetts turnpike towards Connecticut the defendant stated to his friend quote I think I got one and head and one in the chest and quote. The pair arrived at an actress in Hartford Connecticut at approximately 5 AM on July 16 2012. Later that morning the defendant search the Internet and watch television news for media accounts of the Boston shooting. Also that morning the defending contacted his cousin Tonya Singleton come from Ramon Bristol Connecticut to the Hartford actress. Singleton arrived and left a short time later now driving the defendants SUV and leaving behind another vehicle for the defendant to use. The defendant left the Hartford actress later that morning in the car provided by Singleton. Thereafter the evidence suggests that the defendants SUV that was used in the murder. -- secretive in a garage at 114 lake avenue in Bristol Connecticut. The home of his cousin -- singled. -- July 17. 2012 the day after the homicides. The defendant rented it for a new car rental agent. Over the next several months despite repeated calls and efforts from the -- and car dealership to have the promotional SUV. Brought in for scheduled servicing and to even be replaced -- newer vehicles. The defendant ignored those requests. In the fall 2012. The defendant expresses interest in purchasing. That SUV. When he initiated that offer with a dealership the evidence suggested he had not driven the SUV in months. The SUV was eventually found. On June 26 2013. In the garage of Singleton's home at 114 lake avenue Bristol Connecticut. By law enforcement officials investigating. The June 16 2013 homicide -- and board. -- suggest the defendant regularly visited his Stanley at Bentley got actress both before and after the homicides. When recovered by Boston Police from the single thing garage yes TV was covering cobwebs. Had a dead battery and did not appear to have been driven -- -- significant period of time. The interior DS UV showed evidence that have been thoroughly cleaned including visible streets from cleaning solvent on the windows. Subsequent analysis of cellular telephone records for the phone used by the defendant on July 16 2012. Obtained by search warrant. Corroborate witness statements place in the defendant at the scene of the murders. Traveling to Connecticut afterward and in other areas at relevant times. On June 21 2013. Massachusetts state police recovered -- 38 caliber. Smith & Wesson revolver during an inventory search of a motor vehicle following a collision on route 91 -- -- Forensic testing of the firearm revealed through reasonably realistic certainty that this weapon is in fact the murder weapon used to kill Daniel -- And -- for top. -- operator of that car in which the murder weapon was found -- from Bristol Connecticut. And has connections to the defended Aaron Hernandez -- the individuals. Semester at those are -- -- -- -- -- -- You should name this community. I object to the court giving well community. To make a speech describing what they claim is evidence elicited by the Granger it. To play to the assembled media the district attorney's press release invited the media come here today. To hear more facts and circumstances. About the case. Even though there's no reason at all to have a speech by the district attorney's office about what they say it affects -- -- And the court has just played along with that. This is not supposed to be a spectacle it's not supposed to be a sporting contest the defendant has been subjected to an avalanche. Of publicity. None of which we are responsible. We've been subjected to while an extravagant stories. Which had been reported as if they're true. -- one unnamed law enforcement sources it got so bad that the judge assigned the Bristol county case has entered a gag order. In order to try to assure a fair trial. For mr. Hernandez. We're -- -- here in the largest courtroom in this building. For -- proceeding that should take two minutes but which is not in the confines of the courtroom that you'd usually sit in. So that this poisoning of the jury pool can continue. It's not fair. -- the defended as a football player. Or poor person a rain in the seventh floor clerk magistrate session he's entitled the court's assistance. In securing him a fair trial. So I object to the court getting the district attorney's office an opportunity to present its one sided view of the case. After a one -- grand jury proceeding. And call it fair because I can stand up. Without having had an opportunity to look at the box of fifty dvds that we're told we're getting. Go ahead -- comment on the case that's not fair. The commonwealth serves -- -- summary serves no other purpose than to prejudice the potential jury pool it doesn't serve any. Purpose for the function in the judicial system. And the courtroom should not be used as a vehicle for this purpose. 62 years ago justice frankfurter said that for the prosecutor. To use. -- the news media. Would be to turn. The courtroom. In -- a trial by newspaper rather than a trial by jury. Four -- -- lawyers. For Aaron Hernandez. For his friends and family. I say come back when we have a jury after we injury when you can see witnesses you can see cross examination. You can see evidence. And -- the case. That's all we -- war we don't have to be treated differently just give us a fair trial not -- tainted. By unfair. One sided. Unnecessary. And prejudicial publicity thank you. Particularized jury couldn't give you an opportunity to speak in -- -- address quality issues. You race. I will note that this arraignment started approximately. One minute past two. And now my eyes are correct it's about sixteen minutes past two so this is -- -- very quick proceeding. I -- also state for the record that I have conducted 19100. Over 19100 arraignments in capital cases in Suffolk County since 1983. In each occasion -- prosecutor. Has been afforded an opportunity to speak to address the court relative to the facts of the case. To do what otherwise would be by relative of customary procedure that dates back. Quite a few years long -- -- my tenure in this court. And I was not going to. Preclude the commonwealth from telling the court about the case that they present today in about forty -- opportunity gives a speech. I could not -- visionary proceeding where the press would not be invited to attend. We do -- -- -- -- behind closed doors. In -- in our system of justice in the United States let alone in the Commonwealth of Massachusetts. So this is an open proceeding the press has always is welcome. I do not control the attendance in this court -- You're correct mr. Rankin and I usually conduct these proceedings on the seventh floor in the magistrate's section. The proceedings usually take about the same amount of time. We run anywhere from fifteen minutes -- 45 minutes on an arraignment depending upon the presentation made by the parties. In there is absolutely positively no issue of bail the defended -- detainees. And the Bristol county has a hold on him without dale. The Suffolk County district attorney is asking -- -- dale I am course I'm gonna help hold him without bail. The next scheduled court date won't be before justice locked the regional justice. In this county it'll be in this particular courtroom which is his courtroom in -- will be on the 24 of June and that -- is by the agreement times. -- relative to this -- of the statements of the commonwealth. I'm Walters presented with they wish to present in court they're well aware of their professional. Obligations under the the -- principal professional responsibility. And I find that the commonwealth presentation. In -- Normal course of this case is -- usual presentation and I've heard at least 19100 times before. Thank you very much -- mr. Fiore. -- June 24 before justice -- a scheduling -- needs to be hollow bail. You want your client present that day plays -- declining will be present. -- -- We think we're good -- what what he in this school for scheduling. -- -- Its primary date you very much decisions concluded prosecutors. You have been listening to live coverage and so the -- up in the Massachusetts area for Aaron Hernandez the former New England Patriots football player. He entered a plea of not guilty. Accused of gunning down two men in Boston their car back in 2012 and they were stopped at a red light let's go right to ABC's Aaron -- tersely. And also. ABC's legal analyst Ryan Smith let's get right into -- a lot happening we just last heard Aaron from the judge. After the defense. Said that there was grand standing by prosecutors as they laid out their case. Currently is going to claim that prosecutors said too much after the formal. What waving of the reading of the indictment find. The judge was none too happy with the way the defense characterized that decision but but really there was a lot of new substance in this particular hearing. After Aaron Hernandez pleaded not guilty to this to the charges. The prosecutor did outline the case as the government sees it made a couple of new points. This entire murdered 2012 July 2012 outside a nightclub in Boston was apparently over -- spilled drink. Aaron Hernandez had been in the nightclub with some friends did not know his victims according to prosecutors but one of them apparently bumped him. On or -- the dance floors lost his drink a little bit. And Aaron Hernandez remembered that hours later when he exited the nightclub according to prosecutors. Pulled his car alongside the victim's car and fired multiple shots from a 38 caliber revolver. That he and apparently hidden in the engine block of a car that was loaned to him from a Rhode Island car dealership is part of a promotional agreement. And what a prosecutor said something key which is that he had become -- apparently paranoid that people were disrespecting him when he was going out to nightclubs. And that's why they say he put that gun away. -- -- in his car in the engine block where it was accessibility needed it and that night he deemed it did. A lot new details coming out of that case including what prosecutors described as. Witness testimony along with surveillance video. Ryan let's talk -- a little bit about this you know Aaron Hernandez of course already sitting in jail for. The 2013. Murder accusations against Oden Lloyd how does this case now fit into the whole legal. Process well this case will now take a backseat to the old Lloyd case -- Lloyd case will be tried first. Sometime this year most likely. On or before September and then once that case is adjudicated he will then be tried in this particular case. Which makes for -- interesting series of events that happened with Aaron Hernandez -- continued -- hearings on this particular. Case. But did did you still have to keep him in Bristol he will stay there and be tried on the -- Lloyd facts now. What's interesting and all of this is he sees some scenes of similar behavior in both cases in the old Lloyd case. Aaron Hernandez was accused of going after the victim there in all stemmed from some people who were kind of mean bugging him in -- club same sort of thing happens here so. You see some patterns and some similarities in both cases but the -- Lloyd case will be treated separately and tried first. And Aaron back to you this. 2012. Double homicide was a cold case up until about last year. Give us an idea of what that break was for investigators. Well authorities had long suspected Aaron Hernandez was involved in this and really they were able to finally pieced together as you heard the prosecutors say some surveillance images. Some eyewitness accounts and and some other pieces of evidence that finally convince them. That Aaron Hernandez needed to be charged in this double murder to which is now pleaded not guilty. And build it they cases in that are being tried one in Fall River, Massachusetts and the other up in Boston are not related. As -- mentioned that the the patterns of behavior seem to be similar to what's particularly disturbing after this case in 2012 is that Aaron Hernandez. After he allegedly shot and killed two people played a full season of football for the New England Patriots. They cut him after the -- Lloyd murder a year later. And so there are still some lingering questions about what. Teammates may have known but it was striking that Aaron Hernandez may have been living a double life he had signed a new lucrative contract at the time talked about changing. His personal behavior -- focusing on football with the team and yet as you hear the prosecutors say he was also apparently so paranoid about how he was being treated. At nightclubs. That he started -- away -- We'll definitely hear some more details about that one more question for Ryan give us an idea about how this investigation and how this. Process plays out now we've heard from the defense. Accusing prosecutors of going too far giving so much -- -- the judge. Obviously. Going back on that give us an idea of what this legal processes like is Aaron Hernandez. Being singled out or is he being treated like every other suspect. -- I think the defense can argue all along the process that he is being singled out for his status he's a high profile defendant. And defense attorneys will argue that the prosecutors want to convict him to make a statement. It's the kind of defend that you want to take down and the defense will constantly argue. That you're trying to take him down at the expense of having due process so I think all along just like you've seen in the -- -- case are gonna see the defense. Trying to have as many of these proceedings in private as possible. Because the more this becomes public the more the concern for the defense is that the jury pool was being tainted. But needless to say it's going to -- he's gonna have another hearing coming up to schedule a trial and then a series of hearings most likely coming up after that as the trial approaches to outline different things regarding evidence what can be revealed that there are problems between both sides all that will come up. The -- thing will be Aaron Hernandez will probably be facing hearings on the double murder case. At the same time while hearings continue on the old Lloyd case with the old Lloyd case taking precedence so Aaron Hernandez may be looking -- a lot of time in courtrooms. In the upcoming months and years and also do you think with what just played out of the courtroom will we be seeing his defense attorneys. Putting -- forge change of venue if they feel he can't get a fair trial they absolutely will try because the key is if you show the media in a particular area. This defendant over and over getting keep making these arguments about what the defendant did. Without him being able to defend himself you're arguing that the jury pool -- been completely tainted and we have to move him somewhere else. But one of the problems with a case like this has to be seen but many high profile cases as. Everybody in the country knows about this case so you're arguing that another venue might be better. But in other states in other places in the country people will still know Aaron Hernandez is and it will still -- some of the details of the case. So a lot of times it's hard to get that change of venue. It was something egregious happens and the judge even saying today it hasn't gone so far as to prejudice their client. And as you mentioned two cases playing out simultaneously at this point ABC legal analyst Ryan Smith thank you for join us as well as to Aaron -- ski. This has been an ABC news digital special report keep up with this story in real time by downloading the ABC news that happened starring this story for exclusive updates on the go. For now I'm Michelle Franzen and New York.
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