NORTH DARTMOUTH, Mass. (MyFoxBoston.com) -- Former New England Patriot Aaron Hernandez filed a motion Friday requesting to be moved to a jail closer to Boston, citing his own safety and lawyer's commute.
Hernandez would like to be moved from the Bristol County House of Corrections in North Dartmouth to a jail closer to Boston as his lawyers have offices in the city. Given that the former pro football player was recently indicted by a Grand Jury on two counts of first degree murder among other charges and is accused in a 2012 Boston double murder, he and his attorneys "face the highly-unusual challenge of simultaneously preparing a defense to two distinct homicide cases pending in two distant counties." According to court documents, due to the additional charges in Suffolk County, Hernandez has to meet with his counsel more often.
"In order for Hernandez to receive constitutionally-guaranteed effective access to and assistance of counsel, in both cases, he needs to be held in a facility that does not require his counsel to drive from two, up to three to four hours round-trip each time they need to meet with him," the motion read.
The motion also cites "unreasonable restrictions on his ability to confer meaningfully with his counsel" saying that he can't always speak privately to his lawyers on the phone and his in-person visits usually come with "a bizarre and unprecedented restriction that limits their location to one specially-designated visitation room."
The document goes on to say that the Bristol County sheriff has worked closely with the D.A.'s office to gather evidence against Hernandez while he has been a pre-trial detainee.
"The reach and depth of the collaboration between the sheriff and the district attorney is breathtaking, with the sheriff and his staff working at the beck and call of the prosecution team on a daily basis," the motion read. "As a result, the sheriff, and individual charged with the simple task of safely detaining Hernandez prior to trial, had abandoned his role as a professional jailer, and instead, energetically embraced the role as a full-time agent of the district attorney."
One of the recent indictments alleges that Hernandez verbally threatened to kill or hurt a correctional officer and/or his family when released. Both Hernandez and a witness denied the validity of the charge, which "raises serious concerns" regarding his safety while in jail.
"Surely there is now a reason to be seriously concerned about Hernandez's personal safety while housed at the Bristol County HOC and to question the ability of that facility's staff to treat Hernandez fairly and professionally while he is subject to their total control," the motion read.
According to the document, the sheriff has a conflict of interest as he went from being in charge of Hernandez's safety to his "accuser and alleged victim."
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