E. Susan Garsh

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E. Susan Garsh

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Prior offices
Massachusetts Superior Court

Education

Bachelor's

Barnard College, 1969

Law

Harvard Law School, 1973


E. Susan Garsh was an associate justice for the Massachusetts Superior Courts.[1] She was nominated to the court by Governor William Weld in January 1993 and was confirmed by the Governor's Council in February 1993.[2] Garsh may serve on the court until she turns the mandatory retirement age of 70.[3]

Education

Garsh received her undergraduate degree from Barnard College in 1969. She was awarded a J.D. from Harvard Law School in 1973.[4]

Career

Awards and associations

  • American Bar Association
  • Boston Bar Association
  • Massachusetts Bar Association
  • Womens Bar Association
  • National Association of Women Judges[4]

Noteworthy cases

Aaron Hernandez murder trial (2013-2014)

See also: Massachusetts Superior Courts

Aaron Hernandez, former tight end for the New England Patriots, was arrested and charged with the murder of Odin Lloyd on June 26, 2013. At an arraignment hearing before Judge Daniel J. O'Shea, he pleaded not guilty to the murder charge, as well as charges for possessing a firearm.[5]

On October 9, 2013, prosecutor William McCauley filed a motion asking Judge Garsh to recuse herself from the murder trial. He said there was history between him and the judge related to a 2010 murder trial. A memorandum supporting the notion pointed to "a well-known and publicly documented history of antagonism" between McCauley and Garsh.[6][7]

Garsh heard the motion for recusal on October 21, but decided not to recuse herself from the case, explaining:

I do not fear or favor the Commonwealth or the defendant...A person aware of all facts and circumstances would not reasonably question my impartiality.[8][9]

According to the prosecution, Shayanna Jenkins, the fiance of Aaron Hernandez, lied to a grand jury investigating the case 29 times. She was later charged with perjury.[10]

In a 25-page ruling, Garsh issued a gag order designed to ensure that potential jurors won't be prejudiced by information about the case in the media. The ruling applied to both the defense and the prosecution in the case, as well as their staff and any supervisors.[11]

Lawyers representing Hernandez filed a motion asking that the court grant their client two months to make arrangements to pay them. If they can't be paid, they may no longer keep representing him in the case. An article on ESPN Boston says Fox Sports reported Hernandez' money trouble is related to an order which prevents Hernandez from selling his home, located in North Attleborough, Massachusetts, to raise cash to pay his lawyers. According to that order, the home can only be sold to pay off a civil judgment in a lawsuit filed by the family of one of the men Hernandez is allegedly accused of killing. Hernandez bought the home in 2012 for $1.3 million.[12]

On May 28, Hernandez entered a plea of not guilty to seven charges, including two counts of first-degree murder.[12]

Lawyers for Hernandez filed a motion requesting that Garsh dismiss the grand jury's indictments for charges of murder and firearms against Hernandez in the shooting death of Odin Lloyd. They argued there was not enough "tangible evidence" to charge their client with murder.[13] Hernandez was also charged with additional crimes on allegations that he attacked another inmate who was handcuffed and made a threat that he would kill a guard. He entered a plea of not guilty to these latest allegations.[13]

The trial began in January 2015.[14]

See also

External links

Footnotes