Aaron Hernandez Case: State Supreme Court Justice Refuses to Alter Gag Order in Hernandez Murder Case

A Supreme Judicial Court in Massachusetts refused to alter the gag order imposed by a Bristol County judge on prosecutors in the murder trial against former New England patriot Aaron Hernandez.

Justice Fernande R.V. Duffly refused to alter the gag order Monday that was issued by Bristol Superior Court Judge E. Susan Garsh, the Boston Globe reports.

The order applies to the defense team as well as Bristol District Attorney C. Samuel Sutter.

Hernandez is being held without bail after pleading not guilty to the first-degree murder of Odin L. Lloyd, who was found shot to death in an industrial park close to Hernandez's home in North Attleborough, Mass. in 2013.

Duffly wrote Monday that Sutter had not shown that his office was harmed by the order, nor did he present a convincing case that the gag order will hurt the prosecution in the future.

"The Commonwealth has failed to establish that the extraordinary relief available [to the SJC] is appropriate,'' Duffly wrote, referencing the special powers the SJC has to change a judge's order before a civil or criminal trial commences.

"The Commonwealth has shown nothing but speculative future harm should it or the defendant make, or determine there is a need to make, an extrajudicial statement concerning some as yet to be determined event,'' Duffly wrote.

Duffly also praised what she called Garsh's "carefully crafted order," and said she took existing legal ethical rules and applied them to both the prosecution and the defense in the Hernandez case.

"The order does not apply to potential trial witnesses, places no restraints on the media or on public access to any courtroom proceeding, and does not involve attorney discipline for violation of the rules of professional conduct,'' Duffly wrote.

She also added that the prosecution can ask Garsh to change the order down the line, that is if prosecutors can show that it is having a negative impact on the case.

"The district attorney is surprised and disappointed,'' Sutter spokesman Gregg Miliote wrote. "But he won't be able to comment until he has read through the entire decision.''