Judge excludes evidence in Aaron Hernandez murder case over inadequate affidavit
A judge in the murder case against former New England Patriots player Aaron Hernandez threw out evidence last week, saying it was illegally obtained. The Boston Herald and ESPN have stories.
The ruling by Judge E. Susan Garsh of Bristol County, Massachusetts Superior Court means prosecutors can’t use.45-caliber bullets and a .45-caliber magazine found in Aaron Hernandez’s apartment and car, respectively. Though the search was pursuant to a warrant, Garsh ruled that the affidavit supporting the warrant had “absolutely no facts” that linked Hernandez “in any way at all to the crime under investigation.”
The ruling came before the first-degree murder trial of Hernandez, 24, for the killing of Odin Lloyd. Lloyd was dating the sister of Hernandez’s fiancée, and prosecutors say the two men were texting each other hours before Lloyd’s death. Prosecutors believe a .45-caliber gun was used to kill Lloyd.
The defense has sought to exclude multiple pieces of evidence during the pretrial phase, with mixed success. Garsh has excluded evidence from smartphones and iPads found in Hernandez’s home, but she permitted surveillance footage from his home.
Hernandez, who played tight end for the Patriots, has been held without bail since June of 2013, according to the International Business Times. The trial is currently set to start in January. Two alleged accomplices, Carlos Ortiz and Ernest Wallace, are also charged. Hernandez’s cousin, Tanya Singleton, has pleaded guilty to a related contempt charge.
Hernandez has also pleaded not guilty to crimes related to the murders of two men in a Boston nightclub, ESPN says.
