BOSTON (CBS) – Defense attorneys in the Aaron Hernandez double murder trial argued for a mistrial Friday morning due to the testimony from a witness a day earlier.
On Thursday, Raychides Sanches described the shooter in the 2012 South Boston murders as “just like him,” referencing Hernandez.
Defense attorney Ronald Sullivan said Sanches’ in-court identification of Hernandez was supposed to be prohibited.
Sullivan argued that Sanches’ initial recollection of the shooter was impacted by media coverage after the murders.
The judge said based on the transcript he does not see reason for a mistrial but added he would watch video before making a final decision.
Before the jury was allowed into the courtroom, the judge also heard arguments on if the defense would be allowed to question Boston Police Det. Joshua Cummings about rumors that the shooting victims were involved with the Cape Verdean Outlaw gang.
The judge ruled he will allow the jury to hear questioning about the detective’s note on the rumored gang ties.
Cummings said after hearing the rumor about potential gang ties he was later told “these young men in the car were not gang members.”
Jurors were brought into the courtroom after the arguments concluded. The judge instructed jurors that Sanches’ testimony did not identify anyone as the shooter, saying his “testimony was comparative in nature.”
Cummings took the stand with jurors in the room and surveillance video of the involved vehicles leaving a parking garage just before the murders was shown.