A Refusal of Recusal

The color black is made through a combination of all primary colors.  It is often believed to represent authority and power.  Black is an appropriate color for judicial robes because judges wield considerable power, and their judgments, much like the color itself, are made through a combination of all factors.  A judge’s ability to remain impartial through the course of criminal litigation became the center of the Aaron Hernandez case.

NFL star Aaron Hernandez is charged with one count of first-degree murder and five counts of weapon possession.  These charges stem from the June 17, 2013 killing of Odin Lloyd.  Sports Court Media, a trusted provider of sport and legal analysis founded by Tamara Holder and Linda Baden, reported that on his last court appearance, prosecutor William McCauley demanded that Bristol County Superior Court Judge, Susan Garsh recuse herself from the case.  McCauley cites a long antagonistic history with Judge Garsh as the basis for his request for recusal.  He believes that Judge Garsh would be unfriendly to the prosecution’s case.  Judge Garsh’s recusal would have brought the trial and all pretrial matters under the control of a different judge.  However, Judge Garsh stated that she harbored no ill will or bias, and was not partial towards the Commonwealth or defendant.  This case presents an opportunity to explore the rules and guidelines for judicial recusal, and the options available to the prosecution when a request for recusal is denied.

The Downside of Being a Celebrity Prisoner: Protective Custody and its Relation to Solitary Confinement

Aaron Hernandez

On June 27, 2013, former Patriots tight-end Aaron Hernandez was denied bail in his upcoming trial for the murder of Odin Lloyd.  Until his verdict and sentencing, or alternatively a lower bail order from the judge, Hernandez will be confined in a Massachusetts state prison.  For the everyday citizen, this may seem purely procedural.  The accused is taken from the court room to the holding center, where he is then processed and booked.  Most prisoners are then entered into the general population where they await trial.  For Hernandez, a well-known football player with the New England Patriot, the situation is very different.