Judge nixes cellphone evidence in Aaron Hernandez murder case over defective warrant
Evidence from two cellphones and three tablets can’t be used in a murder case against former New England Patriots football star Aaron Hernandez because the electronic devices were omitted from a search warrant list, a Boston judge has ruled.
In doing so, Judge E. Susan Garsh rejected prosecution arguments that the devices were in plain view and that police had to seize them on to determine whether they belonged to Hernandez, the Boston Globe reports.
By turning the devices on, police could have figured out immediately whether they belonged to Hernandez, the judge pointed out.
However, evidence from a home surveillance system and another cellphone is being allowed, because this equipment was properly specified in a search warrant.
Hernandez also faces additional charges in an unrelated murder prosecution.
He has pleaded not guilty in both cases.
