Ammunition found at an apartment rented by Aaron Hernandez, as well as a magazine found in his Hummer, will not be allowed to be used as evidence against him in the trial for the murder of Odin Lloyd. According to reports, Judge Susan E. Garsh had the evidence thrown out because police failed to demonstrate probable cause to execute the searches.
The prosecutors' inability to use these bullets found at Hernandez's apartment could be a big blow to their case. Authorities have yet to recover the weapon used to kill Lloyd, but believe he used a .45 caliber pistol. The ammunition found in that apartment are .45 caliber bullets.
Garsh said there were "absolutely no facts" related to the murder of Lloyd in the warrant police obtained to search that apartment. The warrant they had was for a cellphone belonging to Carlos Ortiz, one of two accomplices to Hernandez that are also being charged in the murder. Garsh said that authorities may have been able to demonstrate probable cause by "attaching a copy of an existing affidavit supporting a search warrant for Hernandez's home."
Separately, Garsh heard motions to suppress other evidence. Hernandez's lawyers are trying to have evidence taken from Hernandez's BlackBerry and home surveillance system ruled inadmissible because they were improperly obtained. The defense claims that police had permission to take the phone from Hernandez, but when the warrant was issued the phone was with Michael Fee, one of his lawyers.
That phone is believed to be a key element to the prosecution's case, since they allege Hernandez contacted his accomplices on it the night Lloyd was shot and used it to orchestrate the hit.
Additionally, the defense wants evidence gleaned from speaking with Hernandez upon the initial search of his home thrown out because he was questioned illegally, without being read his Miranda rights. Hernandez himself testified that he felt intimidated by the troopers.
"Many of the officers carried weapons which were visible to me," he said. "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."
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