Prosecutors entitled to warrant for Aaron Hernandez cellphone, being held by his lawyer, court says
Prosecutors are entitled to a search warrant to obtain the cellphone that former Patriots star Aaron Hernandez initially turned over to his former lawyer, the top court in Massachusetts has ruled.
The Massachusetts Supreme Judicial Court ruled on Friday, report the Boston Globe and the Boston Herald. Hernandez is awaiting trial in Suffolk County for an alleged double murder.
It’s the second time the cellphone issue has come before the court; in January 2015 the court ruled that the phone did not have to be turned over under a grand jury subpoena, but didn’t rule on whether a search warrant could be issued. Prosecutors sought a search warrant in May 2015.
Hernandez was convicted of the murder of Odin Lloyd in April 2015 and is awaiting trial in the drive-by shootings of Daniel de Abreu, and Safiro Furtado. He is also accused of intimidating witness Alexander Bradley, who says Hernandez admitted shooting him in the head in text messages and phone calls.
Hernandez gave the phone to a Ropes & Gray lawyer before his indictment in Lloyd’s murder. Soon after, Rankin & Sultan joined the legal team and later obtained the phone.
The Supreme Judicial Court said a judge has already found probable cause to believe the phone contains evidence of crimes, and Rankin & Sultan has no legitimate reason to hold onto the phone after downloading its contents.
According to the Boston Herald, Hernandez’s new lawyer, Jose Baez, has said he now has the phone. Baez is the lawyer who successfully defended Casey Anthony on charges of murdering her daughter.
Suffolk County District Attorney Daniel Conley issued a statement after the decision on Friday. “The SJC’s decision is grounded in the law and in common sense,” Conley said in the statement published by the Boston Herald. “No court or legislature ever intended that critical evidence could be placed beyond the reach of investigators, in perpetuity, simply by providing it to an attorney. We have already begun the process of seeking a search warrant to obtain the phone for analysis by our computer crime lab.”
