Aaron Hernandez court hearings continue this week

Photo Courtesy: CNN

Photo Courtesy: CNN

NEW YORK (CNN) – Accused murderer Aaron Hernandez is expected in court twice in the coming days to challenge prosecutors and the New England patriots.

Aaron Hernandez flashes an occasional smile while his lawyers fight tooth and nail to throw out a 1st degree murder charge in the execution style murder of Odin Lloyd.

Hernandez has pleaded not guilty.

“I think the grand jury could find that Mr. Hernandez was present when Mr. Lloyd was killed. Yes I think they have enough to say that. But that is not enough to make him a voluntary, deliberate participant in that killing,” defense attorney Jamie Sultan said.

The defense also wants a judge to throw out evidence seized from Hernandez’ million dollar home, arguing the search warrant was not properly served. That could include Hernandez’s own home security video which shows Hernandez holding what prosecutors believe is the murder weapon. It’s never been found.

On Monday, the trial judge is also expected to rule on a defense request to move Hernandez to a different jail so he can be closer to his lawyers. Hernandez has pleaded not guilty to assaulting a fellow prisoner where he is now. On Wednesday, the defense is taking aim at the New England patriots. Hernandez wants a court subpoena to force his old team to turn over any of his medical and psychological information that “may bear upon his physical and mental state” prior to Lloyd’s murder.

Legal experts say this indicates his lawyers might be considering a diminished capacity defense meaning he didn’t know right from wrong.

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