A Massachusetts judge on Tuesday denied the request by Carlos Ortiz to dismiss the indictment that charges him with one count of murder for the 2013 killing of Odin Lloyd.
Hernandez was convicted in April of killing Lloyd, who was dating the sister of Hernandez's fiancee. Hernandez was sentenced to life in prison and is expected to appeal.
Ortiz and another man, Ernest Wallace, have pleaded not guilty in the killing and are awaiting trial. Both were from Hernandez's hometown of Bristol, Connecticut.
Hernandez is also awaiting trial for a double murder in Boston in 2012. No trial date has been set. He has pleaded not guilty.