In Aaron Hernandez Case, Witness Testifies Shots Fired From Same Type Of Gun

FALL RIVER, Mass. — Prosecutors have accused former New England Patriots tight end Aaron Hernandez of having a .45 caliber Glock in his possession the night of Odin Lloyd’s 2013 slaying, and though they have not produced the gun, they used testimony from a state police ballistics expert Wednesday to establish that Lloyd was killed with the same type of weapon.

Lloyd, a 28-year-old amateur football player, was shot five times in a North Attleborough industrial park on June 17, 2013. Five .45 caliber spent shell casings were recovered at the scene. Police fished a sixth out of a Dumpster at the North Attleborough Enterprise-Rent-A-Car, after Hernandez returned a Nissan Altima he drove the night of the shooting.

Sgt. Stephen Walsh, a Massachusetts state police ballistics expert, testified that all six spent shell casings were fired from the same weapon. Walsh said he also analyzed four bullets – two found in the ground and two in Lloyd’s body – and determined they too were all fired from the same weapon.

Bristol County Assistant District Attorney Patrick Bomberg placed each of the shell casings on the courtroom’s overhead projector Wednesday, and asked Walsh whether he was able to form an opinion “to a reasonable degree of ballistic certainty” as to what type of weapon fired the cartridges.

“It was consistent with having been fired from a Glock,” Walsh said.

“And specifically a .45 caliber, is that correct?” Bomberg asked.

“Correct,” Walsh said.

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The gun barrel of a Glock is shaped differently than that of other several other popular handgun models. When a weapon is fired and the bullet goes down the gun barrel, the shape of the barrel leaves a pattern on the cartridge. Through microscopic examination of the spent casings and bullets recovered, Walsh determined that they were fired from a weapon that used an 8/right polygonal rifling system – which refers to the design of the gun barrel, specifically the number and shape of grooves on the inside of the barrel.

“That 8/right polygonal system…in relationship to Glock, does that have some significance?” Bomberg asked.

“Yes,” Walsh said.

“And why is that?”

“Glock is one of the manufacturers that uses that system,” Walsh replied.

Bomberg asked Walsh if he was aware of any other commercial manufacturers that sell .45 caliber firearms with an 8/right polygonal rifling system.

“No, I’m not aware of any,” Walsh said.

Polygonal rifling systems differ from conventional rifling systems in that the edges of the grooves inside the gun barrel are smooth rather than cut jagged. Pointing to the difference in designs, defense attorneys challenged Walsh’s analysis of the bullets found in the ground and in Lloyd’s body.

Hernandez’s defense lawyer, Jamie Sultan, argued that the smooth edges in a polygonal rifling system often mean that clearly identifiable markings do not show up on the bullets, making them difficult to identify. He said FBI guidelines indicate, “firearms with polygonal rifling are not subject to comparison of projectiles.”

“Would you agree with me sir that the absence of clearly identifiable markings or striations inside Glock barrels has been a well-recognized issue in the ballistician community for firearms examiners such as yourself for many years?” Sultan asked. “When you saw the distinct markings on those projectiles, you knew it was pretty unusual to say the least?”

Walsh acknowledged that it was unusual to identify the polygonal pattern on projectiles, but pointed to a microscopic photo that he said clearly showed the polygonal pattern. He said the fact that identifying it on a bullet was unusual did not strike him as important.

Prosecutors have not suggested that they will call any witnesses who can give definitive testimony that Hernandez owned a .45 caliber Glock. They say, however, that they have surveillance footage that shows Hernandez holding a gun in his home shortly after Lloyd was killed. They argue that the size and the shape of the weapon on the surveillance footage is consistent with that of a Glock. Two housekeepers formerly employed by Hernandez testified earlier this week that they noticed a large black gun while cleaning the home in spring 2013.

In addition to the murder charge, Hernandez also is being tried for two illegal firearms charges – one for possession of a .45 caliber firearm on June 17, 2013.

Walsh’s testimony lasted over three hours Wednesday, and prosecutors only called one more witness before court adjourned for the day.

Vanessa Sanchez, 26, testified that she and her boyfriend spent time with Hernandez and his fiancée, Shayanna Jenkins, hours before Lloyd’s shooting. Sanchez said the four of them went to South Street Café in Providence.

“During the course of that hour was anything unusual going on?” Bristol County District Attorney William McCauley asked.

“No,” Sanchez said. She said Hernandez did not mention other plans for the night.

Defense lawyer Michael Fee reminded Sanchez that the same night, Sunday June 16, 2013, Hernandez proposed a Father’s Day toast. The former Patriots tight end’s daughter was seven months at the time.

“Aaron proposed a toast didn’t he?” Fee said. “And Aaron bought shots for everyone at the table and he proposed a toast to Father’s Day?”

Sanchez confirmed that he did.