Aaron Hernandez Prosecutors Want New Judge

Prosecutors claim judge Susan Garsh is biased against them.
6:07 | 10/21/13

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Transcript for Aaron Hernandez Prosecutors Want New Judge
This is a special room. I'm Dan -- New York quickness ABC news digital special report both sides in the air -- -- this murder case are in Fall River, Massachusetts. Hernandez the former New England Patriots star is charged with murder in the shooting death opened Boyd. Who had been dating the sister of Hernandez his fiancee now Fernandez has pleaded not guilty. Prosecution those arguing. To remove the presiding Superior Court Judge justice Susan large from the case. In ABC's -- her -- joining me now with more on this case as it is developing an -- the question is -- the prosecution want the judge out. The the prosecutor. Bill calling though though the lead prosecutor in the case has a history with the judge. That dates back to another murder case and -- -- there was some animosity there that the prosecutor ended up winning that murder case but didn't like a couple of the rulings that the judge had made along the way thought that she showed hostility toward the prosecution. And in this particular case involving Aaron Hernandez. The concern among prosecutors is that she will impede the right of the prosecutors to get a fair trial as they pursue murder charges against Aaron Hernandez. Dennis is one reason you can see why this case may not go to an actual trial. -- for a year maybe longer. It's a case that is certainly got a lot of national attention and I want to play just a bit over the prosecution said about describing that case. He's talking. Like any trial the credibility of the parties for the jury is critical and any signals that are sent by the court. About things that the behavior of the lawyers. Particularly when. Designed to undermine their credibility. It is. -- inappropriate and I I buying indicated. He in the motion there were times that the court. Continue to in his behavior its tone has meandered directing towards me. What was clear. That the court. Was either include dismissive or sending signals that the jury. Would naturally. Think that I was doing something wrong when I was doing my closing argument posed to the right hand of where -- -- sitting in the jury box was on that side. When my back was turned to the court the jurors continuously looked up to it like over -- -- kept looking up toward your honor. Two times during the course of my closing argument your honor on her own no objection -- interrupted me. And indicated there is no evidence of that that's to be -- Both occasions that was absolutely. Not inappropriate but it was absolute wrong. So that is the prosecution but what -- the defense what does Hernandez legal team say about -- so they don't want the judge accused at all they say they object in the strongest possible terms to having. The judge removed from the case and in the trial being given over to another judge. And that may be about posturing as much as it as anything -- not -- that the defense team has a particular affinity for this judge but. I guess it's one of those things have the prosecutors one -- on the defense attorneys want her to stay and maybe that's positioning for later on in the trial. Essentially the prosecution is saying that they -- she is qualified to -- to hear this case. What happens if in fact she does decide to stay on. As well then they they have the prospect of knowing -- challenge there and lost and and it can't be comfortable position. For this prosecutor even. -- looking at him today argue for the refusal. He was never really looking at the judge and addressing -- he did -- your honor but he he often looked down at his notes it has to be uncomfortable to to look someone in the alliance say I don't think you're qualified than it did it handled this case. If the prosecutors ultimately lose this motion. Then it -- no going forward perhaps they may need to be a bit careful. Or perhaps they're figuring maybe this will put the judge on notice like a coach arguing with the referee. Maybe -- -- the -- -- out like it but maybe it causes that -- to be. On his toes a little -- -- We'll see how it plays out today in all of this is reflective of a previous case but what about this case at hand what is the latest. Specifically about actually on -- Jenkins the fiance. -- Hernandez. That that's really what the the most pressing legal matter has been in the last couple weeks the fiancee of Aaron Hernandez who has pleaded not guilty to a charge of perjury and -- and and prosecutors assert that she lied to investigators. About her conduct in about what she may have known about. Say the murder weapon which still has not been found there some. Accusations that Janet Jenkins removed the box from the home she shared -- Aaron Hernandez in that box. Prosecutors haven't said what was inside but there's a good deal of suspicion that maybe it. Was the gun used to kill -- Lloyd and there's some thought that Shannon Jenkins may have played a role in helping to dispose of that murder weapon. For now she's pleaded not guilty to a charge of perjury. And she is released on her own recognizance and and -- and it's obvious he's being held without bail. Still and you song coming to court today. He was shackled -- as would be customary for any murder defendant in that jurisdiction. Hubbell when he finally sat down at the defense table -- shackles were removed you can see the tattoos on his arms beneath the sport coat and and shirt -- And this is somebody who is likely to be in jail for the for the duration until the trial. Ultimately starts but as we say been given motions like -- just arguing about who the judge can be could take up a significant amount of time. And of course everyone we waiting and watching this very high profile case ABC's Eric -- -- with that -- thank you for that. We have a complete report on the latest developments in this Aaron Hernandez murder trial on abcnews.com. And on -- -- or quit this ABC news digital special report.

This transcript has been automatically generated and may not be 100% accurate.

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