(CNN) — The man suing ex-NFL star Aaron Hernandez for shooting him in the face has responded to Hernandez’s request for a delay in the lawsuit until his murder charges in Massachusetts are resolved.
Alexander Bradley, in a motion filed by his lawyer on September 12, argues there’s no reason for a delay, because the cases are completely unrelated with no overlapping issues. His attorneys further state any additional delays would be “highly prejudicial” to Bradley’s case because there is no way of telling how long Hernandez’s murder case will take to come to a conclusion.
In court papers, Bradley’s attorneys maintain “delaying this case, for what could be years, would be extremely prejudicial to Mr. Bradley in terms of seeking compensation for the very severe injuries he suffered as a result of being shot in the eye.”
Bradley is suing Hernandez, claiming the then-New England Patriot tight end shot Bradley in February after the two got into a fight at a Miami strip club. In a lawsuit filed in June, Bradley said Hernandez fired at him during a limo ride after leaving the club and that Hernandez intentionally “possessed a gun which he was not legally licensed to have.”
Bradley said he lost the sight in one eye and continues to receive treatment.
In a motion filed in early September by his lawyers, Hernandez argues that he’s unable to defend himself while battling murder and weapons charges stemming from the execution-style killing in June of Odin Lloyd.
Bradley appeared in July before a grand jury investigating Lloyd’s death. Prosecutors won’t comment on why Bradley was called to testify, citing the secrecy of the proceedings.
However, one of Bradley’s lawyers has asserted the grand jury likely wanted to relate Hernandez’s alleged conduct in Florida to Lloyd’s slaying in Massachusetts.
Hernandez’s lawyers state “it is beyond any reasonable contention that the issues in Bristol County (Massachusetts) … overlap those of this case.”
In court papers, Hernandez maintains it would be difficult to adequately defend himself against Bradley’s suit while simultaneously battling a murder charge from a jail cell where he’s being held without bail.
His lawyers also argue that if he had to answer questions in the civil lawsuit during an ongoing criminal case, he would be forced to invoke the Fifth Amendment to protect himself from self-incrimination. In some jurisdictions, they add, invoking the Fifth Amendment would amount to an admission of guilt.
Bradley’s attorneys say this argument should not be “well taken,” citing case law that says use of the Fifth Amendment privilege does not compel an adverse judgment and the mere possibility of suffering a disadvantage does not justify the issuance of a stay.
Messages to Hernandez’s lawyers were not answered.
Hernandez, who pleaded not guilty in Lloyd’s death, is next expected to appear in court on October 8 in Fall River, Massachusetts.
By Susan Candiotti and Laura Dolan
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