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Prosecutor in Hernandez case accuses defense of lying
Judge’s ruling says witness, not attorney, lied
By Travis Andersen
Globe Staff

A woman who contacted a lawyer for Aaron Hernandez about a possible issue with a juror in Hernandez’s murder trial in Bristol County last year testified during a closed hearing that the defense attorney threatened her and misrepresented her statements, prosecutors said in a recent court filing.

Prosecutor William McCauley, citing the woman’s testimony during the October hearing, wrote in a Dec. 23 filing that the defense lawyer, James Sultan, “threatened to release the witness’s name to the media if the witness did not talk to him.’’

McCauleyclaimed Sultan deliberately included inaccuracies about the 26-year-old woman’s statements in an affidavit.

But Bristol Superior Court Judge E. Susan Garsh determined in a ruling last week that it was the witness, not Sultan, who had been untruthful.

Sultan referenced that ruling in a strongly worded statement Tuesday.

He said McCauley’s allegations, “based entirely upon the testimony of a witness who admitted lying on multiple occasions and whom, Judge Garsh found, ‘had a motive to be untruthful’ when speaking with me, are absolutely false, and the Globe shouldn’t dignify them by reprinting them.’’

McCauley’s filing was sealed until last week, when Garsh denied Hernandez’s request to further look into a juror about whom the unnamed woman made allegations soon after Hernandez’s murder conviction in April for the June 2013 killing of Odin Lloyd.

Sultan had said in court papers that the woman told him she was at a party in December 2014 with a female juror, and the juror was present for a discussion about a separate double murder indictment pending against Hernandez.

The juror would probably have been disqualified from serving on Hernandez’s trial in the Lloyd case if she knew about the other indictment and disclosed that at jury selection.

The woman, who befriended Hernandez while he was in jail, said at the October hearing that Sultan’s affidavit about her statements “wasn’t accurate.’’

When Sultan showed her his affidavit, which indicated she told him the juror was present for the discussion about the Boston case, she responded, “I never said she was present,’’ McCauley wrote.

He claimed “Sultan’s own notes of the conversations [with the witness] contradict his affidavit and this contradiction shows the purposeful nature of his affidavit’s inaccuracies.’’

However, in her written ruling last week, Garsh cast doubt on the witness’s credibility.

She wrote that the woman initially did not tell Sultan about her personal relationship with Hernandez and made statements to Sultan about the juror that were “misleading and, in some cases, outright falsehoods.’’

The woman wanted to help Hernandez, who told her that if he was released and they were together, he would not want her “chilling with other men,’’ Garsh wrote.

Hernandez was engaged to another woman, Shayanna Jenkins, at the time of his arrest.

“Most likely, the [witness] told Sultan that the Juror was present during the conversation, intending to create the false impression that the Juror was . . . in a position to have heard what was being said about Hernandez,’’ Garsh wrote.

Hernandez, 26, is serving a life sentence for Lloyd’s murder.

He is also charged in Suffolk County with murdering two men in Boston’s South End in 2012 and is expected to be tried later this year.

Laura Crimaldi of the Globe staff contributed to this report. Travis Andersen can be reached at tandersen@globe.com. Follow him on Twitter @TAGlobe.