Lawyer doesn't have to turn over Aaron Hernandez cellphone in murder case, top state court says
As jury selection continues in one Massachusetts murder case against Aaron Hernandez, the state’s top court has agreed with defense lawyers that the former New England Patriots star is not required to turn over cellphone evidence in a second murder case.
Because Hernandez gave the cellphone to one of his lawyers in the Suffolk County case, attorney-client privilege applies, the Supreme Judicial Court ruled (PDF) Monday, nixing a grand jury subpoena, the Boston Globe reports.
The defendant was identified as John Doe in the opinion, but a law enforcement official speaking to the Globe on condition of anonymity said that this is Hernandez’s case.
“If a client could not be compelled to produce materials because of the right against self-incrimination, and if the client transfers the materials to the attorney for the provision of legal advice, an attorney likewise cannot be compelled to produce them,” said Justice Barbara Lenk in the court’s unanimous decision.
The supreme court’s ruling may also help the defense in the other murder case, in Bristol County, where a law firm for Hernandez turned over his cellphone to authorities after a trial judge OK’d a police search warrant for that device. It is not clear from news coverage whether that is the same cellphone or a different cellphone than the one at issue in the Suffolk County case.
Attorney Dana Curhan, who is not involved in defending Hernandez, told the Globe he expects defense lawyers in the Bristol County case to seek to suppress the cellphone evidence because of today’s appellate ruling.
The Boston Herald also has a story.
Related coverage:
Fox Sports: “Jury selection resumes for Aaron Hernandez trial”