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WHDH-TV NBC 7 in Boston was in some hot water today after following two jurors in the Aaron Hernandez murder trial.

The jurors told Bristol County Superior Court Judge E. Susan Garsh that a WHDH-TV vehicle followed them Wednesday after court was released.

"Two jurors have reported that yesterday a particular WHDH-TV van was at the parking lot, was looking at jurors, was driving after cars and one the jurors got behind it (news van) and took a picture of the license plate (of the news van)," Garsh said.

"When we got off the bus yesterday, I was walking down towards my truck; and when I got towards my truck, there was a Ford Explorer that I saw stop. When it stopped, the guy looked at me, and then he quickly went up and took a right and then came up and went around the church and came back," one of the jurors told Garsh.

One of the jurors that testified showed the court a photo of the license plate of a silver Ford Explorer. New England One has confirmed with a station source that the plate is registered to WHDH-TV, and that the news vehicle is unmarked.

WHDH released a statement today that said:

“This morning, in the Aaron Hernandez trial, the judge questioned 7News as to any impropriety with the jury in the case. 7News did not approach any juror or talk to any juror. We also did not videotape or take pictures of any juror. We are continuing to work with the court and investigate the situation.”

The statement did not address whether or not they followed the jurors, however. They also read this statement at the top of the noon newscast, and again at 12:30pm.

Garsh had threatened to ban WHDH from the rest of the trial until a station representative went under oath to testify.

“I’d like the person in the van to tell me whether anyone in the company directed him,” Garsh said. If the driver does not want to testify, “At a minimum I want someone from the company to say what investigation they’ve done,” she said.

Garsh issued a new written order to make clear that no one shall approach or contact jurors or alternates.

Although the Judge said this kind of act could cause a mistrial, both jurors said the incident would not affect their ability to continue deliberating the case. The 12 jurors resumed deliberations this morning after spending a combined nine hours deliberating on Tuesday and Wednesday.

WHDH photographer Bob Cusanelli said under oath Thursday that he was gathering information that he thought would be helpful to the station in the future. He was not acting under a direct order from a superior and denied having any contact with any of the jurors.

At the time, Cusanelli said he didn't think he was doing anything wrong but "sees now it was a mistake."

Grash barred Cusanelli from the rest of the Hernandez trial, but WHDH  was not banned as an organization, and she specifically pointed out that reporter Byron Barnett was not affected in the decision.

Grash said Cusanelli "cannot work as a photographer ... come into this building or be driving a WHDH vehicle for the purpose of doing reporting work on this case until there this a verdict in this case." She also said there was not apparent "intent by WHDH to undermine the court's order or undermine the deliberations of the court" and did not impose any additional sanctions against WHDH.

WHDH reported this story this morning on their website, but left any information that they were involved out of the story. The story has since been deleted fom their website.

 

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