The defense team for Aaron Hernandez cross examined Assistant District Attorney Patrick Bomberg on Tuesday in an effort to have evidence obtained from Hernandez's cell phone thrown out, according to reports.
Hernandez's defense team has argued that the cell phone was not properly confiscated by state troopers that searched Hernandez's home, and therefore evidence gleaned from the phone should be ruled invalid.
According to reports, the cell phone is an important piece to the case against Hernandez, who is charged with murdering 27-year-old Odin Lloyd last summer.
"They were clearly in communication with each other, setting up a meeting, as it appeared," Bomberg testified, insisting that Hernandez communicated with two accomplices, Ernest Wallace and Carlos Ortiz, and orchestrated the hit on Lloyd using that phone.
The defense is arguing that the police had permission to seize the phone from Hernandez, but when the warrant was granted the phone was not in his possession. The phone was at the offices of another of Hernandez's attorneys, Michael Fee.
Bomberg countered that because it was being held by Hernandez's attorneys, it is still legally in his possession. Additional hearings have been called by Judge Susan E. Garsh on the matter, and she made no ruling.
Prior to this hearing, Hernandez's defense team tried to have evidence obtained through conversation with Hernandez during the initial search of his home thrown out as well. The defense claimed Hernandez wasn't read his Miranda rights, and Hernandez himself said he felt intimidated.
"They had a very confrontational manner. Even when I tried to end the conversation and told them to contact my lawyers, they persisted in trying to question me. They made me feel like I was a suspect," Hernandez said.
"Many of the officers carried weapons which were visible to me. Officers asked me a number of questions, including where my cellphone was and the password for my phone," he said. "I told them that my cellphone was with my lawyers, and I told them the password. I was not given Miranda warnings at any point."
In addition to the murder of Lloyd, Hernandez has also been charged with murder in the shooting deaths of Safiro Furtado and Daniel De Abreu. Hernandez has pleaded not guilty to all the charges.
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