In her decision, Garsh rejected prosecutors’ reasoning that the evidence for the post-verdict review is too flimsy.
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Sultan, Hernandez’s lawyer, says the woman called him anonymously after Hernandez’s conviction in April and raised questions about a juror.
“This court is simply ruling on whether to permit an examination under oath of the caller so that the parties can assess her credibility and decide whether to request that further action be taken by the court”, Garsh penned in her order.
But since the woman refused to reveal her identity in court…
“The noted inconsistencies in the caller’s reported statements do not render her accusations inherently implausible or compel a conclusion that the caller’s accusations are false”, the judge added.
Sultan described Katy to Garsh as reluctant to cooperate with his efforts to investigate the matter.
Convicted murderer Aaron Hernandez was involved in a fight Thursday with an inmate at the Souza-Baranowski Correctional Center in Shirley.
Judge Susan Garsh has approved a request by Hernandez defense attorney James Sultan to question the woman under oath.
Sultan wrote in an affidavit that Katy had a personal relationship with Hernandez, which prosecutors said was “sexually explicit” and automatically throws her claims about juror misconduct into question, in addition to the fact she lied about her job and how much contact she’s had with the juror.
Garsh stipulated that if Katy’s information is so substantial as to require a formal evidentiary hearing, that proceeding “will be held in open court under the public eye”.
Hernandez’s legal troubles are continuing.
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The one-time star tight end for the Patriots is also set to stand trial early next year for a double murder in Boston’s South End. He has pleaded not guilty.
