Judge Aaron Hernandez

October 22, 2013 by  

Judge Aaron Hernandez, Superior Court Judge Susan Garsh will continue to preside over the high-profile Aaron Hernandez murder case after denying prosecutors’ request that she recuse herself, indicating that she has full faith in her ability to be “objective” throughout the proceedings.

Garsh said she has “examined my emotions and consulted my conscience” and determined that she’s free from any prejudice toward Assistant District Attorney Bill McCauley.

Bristol County District Attorney C. Samuel Sutter said his office will not appeal. “We had a fair hearing. Judge Garsh ruled that she would not recuse herself and could be fair to Bill McCauley, and having so ruled, we will not appeal the decision,” Sutter said.

McCauley argued that Garsh was antagonistic during the 2010 George Duarte murder trial. He indicated that Garsh took hard-line positions on “insignificant” parts of the case and later accused him of manipulating a witness’ statement on the stand when “there was no reason and no objection” from the defense counsel.

Garsh countered that the instances McCauley cited were simply part of the trial process.

“Some of my rulings were in favor of the commonwealth, and some were not. (This) is how it goes in all the cases I have decided over the past 20 years,” Garsh said. “The fact that a party suffers adverse rulings in litigation does not establish a lack of judicial impartiality.”

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