BOSTON (CBS) — Former New England Patriots tight end and convicted killer Aaron Hernandez has filed a motion to have his indictment in a double murder thrown out.

His attorneys claim there is not enough evidence linking the former Patriot to the 2012 drive-by shooting of two men.

Read The Motion To Dismiss

Daniel Abreu, 29, and Safiro Furtado, 28, were killed when someone fired at the BMW they were in near the corner of Herald Street and Shawmut Avenue in Boston during the early hours of July 16, 2012.

Daniel de Abreu (left) and Safiro Furtado (right).

Daniel de Abreu (left) and Safiro Furtado (right).

Prosecutors have said Hernandez was the gunman, killing the men because he felt disrespected over a spilled drink.

The trial for the shooting is slated to begin early next year.

Hernandez has already been sentenced to life in prison for the killing of Odin Lloyd.

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