Bristol, Conn. native and former NFL star, Aaron Hernandez, is being denied a motion filed on his behalf that hoped to suppress evidence from his cell phone in his looming murder trial, according to the Boston Globe.
Hernandez’s lawyers requested a judge throw the cellphone evidence out, stating that authorities did not possess a warrant at the time the phone was taken into possession by state police officers after last year’s arrest of the former New England Patriot.
The prosecution, however, punted the argument back that Hernandez had voluntarily turned over his cellphone to investigators.
Ruling on the motion for Hernandez, Judge E. Susan Garsh wrote:
The turning over of the phone was a voluntary act. It was not the result of force, threat, trickery, duress, or coercion.
The phone and evidence in question allegedly contains text messages between Lloyd and Hernandez discussing getting together not long before Lloyd’s murder.
According to the Globe, however, Garsh did bar one piece of evidence – one white towel from Hernandez’s residence. Garsh also threw out bullets discovered at Hernandez’s apartment, as well as a magazine of ammunition located in the tight end’s vehicle, just last week. Judge Garsh determined the state police had not “demonstrated probable cause for the searches,” according to the Globe.
Despite the evidence presented in the case, as well as the knowledge that 24-year-old Hernandez is also currently charged for the murder of two men in Boston back in 2012 after a skirmish at a nightclub – an entirely separate case – Hernandez has plead not guilty to the June 2013 murder of semi-professional football player Odin Lloyd. Boston resident, Lloyd, was dating Hernandez’s fiancé’s sister at the time. Three murders in two consecutive years will certainly be a hard wrap for him to beat.
Hernandez has pled “not guilty” to the nightclub murders, as well.