Aaron Hernandez Murder Case Update: Attorneys For Ex-Patriots Tight End Want Cell Phone Evidence Thrown Out

By Raimundo Ortiz @AroundtheMundo
on Sep 11, 2014 10:17 AM EDT
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Attorneys for Aaron Hernandez are seeking to have evidence taken from his confiscated cell phone suppressed by a judge because they claim they were duped into providing it.

According to reports, Hernandez's lawyers are saying that authorities didn't have the proper warrant to take the cell phone after he was arrested last year, and that prosecutors "improperly relied on warrants they had to search Hernandez's home and the phone." 

Judge throws out evidence from unlawfully obtained electronics taken from Hernandez's home

A court filing also states that Hernandez's legal team accuses prosecutors "deliberately induced Mr. Hernandez's lawyers to turn over his cell phone based upon a false claim of legal authority."

If the judge does suppress the evidence from Hernandez's blow, it will be the second blow to the prosecution's case in a matter of weeks. Superior Court Judge Susan E. Garsh previously ruled that evidence gleaned from several electronic devices taken from Hernandez's home were inadmissible because authorities didn't have the proper warrants to confiscate them.

Garsh wrote that troopers "operated under the misimpression that the Search Warrant authorized the seizure of GPS devices when they seized the cell phones and tablets from Hernandez's residence." The warrant was for one specific device.

Garsh also wrote, "In effect, the Commonwealth maintains that a search warrant for a cell phone with a designated number constitutes authority in all cases to seize every cell phone found at the search site."

Hernandez is facing premeditated murder charges in the killing of Odin Lloyd, who was dating the sister of Hernandez's fiancée. He is also facing homicide charges in the 2012 drive-by shooting deaths of Safiro Furtado and Daniel de Abreu

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