Aaron Hernandez defense backs off effort to subpoena Patriots

Story highlights

  • Defense attorney tells judge the issue is settled
  • Team has no comment
  • Defense had asked for psychological and medical test results
  • Hernandez is charged in two separate murder trials; he has pleaded not guilty in both

A Tuesday hearing was canceled in a battle between the New England Patriots and accused killer Aaron Hernandez over the former tight end's demand for his team records, including medical and psychological tests as well as his scouting report.

Defense attorney Michael Fee told the court "the matter is resolved," without elaborating.

Efforts to reach both Hernandez' attorneys were unsuccessful, and a Patriots' spokesman declined to comment.

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The defense had rejected an offer to receive what the Patriots called most of his records. The three-time Super Bowl champion team had flatly refused to turn over a scouting report citing "trade secrets" and said the team only had a summary of the psychological report done at the 2010 NFL Combine.

The Patriots told the defense to go the people who administer the test for full results. A source close to the investigation told CNN that the defense likely will get what it wanted.

Prosecutors said it is a defense matter and gave no further comment.

The Patriots cut Hernandez on June 26, 2013, the same day he was arrested in the slaying of Odin Lloyd, who once dated a sister of Hernandez's fiancee.

    Hernandez has pleaded not guilty to murder in that case and in another to the slayings of Daniel de Abreu and Safiro Furtado in 2012.

    Legal experts said the defense's attempt to look at Hernandez's team records may indicate an interest in pursuing a diminished capacity defense.

    Earlier this month, Fee argued the tests would be relevant to their case.

    "Any record bearing on a defendant's psychological function, illnesses or afflictions, addiction, cognitive ability, social interactions, behavior under stress, relationship with authority and other such factors are undeniably relevant to the defense of an individual charged with first degree murder," Fee wrote in a motion to a Massachusetts superior court judge.

    A tentative trial date has been set for January 9 in the Lloyd case.

    A judge set September 30 as the deadline when defense must advise court if it intends to ask for a change of venue.

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