Hernandez legal team scores minor victory in court


Former Patriots tight end Aaron Hernandez has experienced plenty of losses and disappointments in court as he remains jailed while awaiting trial on a trio of murder charges.  On Monday, Hernandez received a rare bit of good news in the Odin Lloyd case.

Via the Boston Globe, Judge Susan Garsh issued a 28-page ruling that prevents the use of evidence culled from certain electronic devices seized by authorities during a search of Hernandez’s home in the days after Lloyd’s bullet-riddled body was found less than a mile away.

The warrant targeted a GPS device that Hernadnez told investigators contained Lloyd’s home address.  Investigators serving the warrant took an iPhone 5, a Blackberry Bold cellphone, an Apple iPad, and two iPad minis.  Judge Garsh wrote that the authorities “operated under the misimpression that the Search Warrant authorized the seizure of GPS devices when they seized the cell phones and tablets from Hernandez’s residence.”

Prosecutors argued that a warrant authorizing the seizure of a specific cellphone allowed all similar devices to be taken from the property.

The magnitude of the victory for Hernandez and his legal team isn’t known, because the specific contents of the seized devices isn’t known.  But with a very high standard of proof in criminal cases, any little piece of potentially incriminating evidence helps the effort to secure a conviction.

28 responses to “Hernandez legal team scores minor victory in court

  1. Well, there goes the weapons charges I’m guessing…. Hernandez being free is a scary, scary thought, but the longer this goes on the more realistic it seems.

  2. I guess the Police Department, District Attorney along with his ADA’s all graduates from Lonnie Tunes University!

  3. Yeah, great idea — let’s EXCLUDE evidence of what really happened — in our “search for truth and justice.”

  4. Finally, a ray of hope for Patriot fans. They’ve been wanting Hernandez cleared of these charges since day one. They’ve been insisting on his innocence ever since his arrest. It appears things are now turning in his favor. Boston will welcome him back on the streets with open arms.

  5. Our system is a joke and that is well known.

    A person either did something or they didn’t.

    Now, if they allow that evidence, it doesn’t mean he did or didn’t do it.

    All it will help show is whether he did it.

    The point is to FIND OUT whether he did it or not.

    Look at the evidence to see if it helps determine whether he did or not.

    I know, I know, there are rules in place.

    Rules may be changed and many of them need to be as things like simply having a lot of money shouldn’t dictate whether a person wins or loses a case in this country, but it does.

    It should be did they do it or not?

  6. Seriously, when it comes to charges of someone MURDERING people, dismissing evidence due to search warrant infractions is the most asinine thing I’ve ever heard of.

    Misdemeanors or low profile felonies, fine… but MURDER (you know, the act of ending a person’s life intentionally), no way you throw out evidence for something like that.

    But this is America… can’t say I’m surprised anymore.

  7. I dont understand why these pieces of evidence arent allowed. Using this logic, the defense could argue that the shoes Aaron wore the night of the murder arent admissable because the search warrant didnt specify the color, model and size of the shoe before it was taken. And they cant use the sweatshirt because the warrant didnt specify the manufacturer and size, etc…

  8. I didn’t realize there were so many Constitutional experts here – NOT!!!

  9. A citizen’s rights do not expire when he is accused of a heinous crime. Its a slippery slope to refrain from following the rules just because of the nature of the crime.

  10. Bad police work is a DA and the general publics worst nightmare… and it happens all the time.

    The police need to be more careful in collecting the evidence or ask for a broader search warrant, or the evidence gets tossed in court. This is pretty standard stuff here.

    We can’t give up our rights against illegal search and seizure, it is a slippery slope if we do that.

  11. Many of you need to read the 4th amendment. I guarantee you that you are not ok with police officers searching your home or body without a warrant or probable cause.

    This is 100% on the officers and prosecutor that reviewed the affidavit beforehand. How all electronic devices were not included in the original warrant is beyond me. That’s standard language!

  12. So did they specify a specific GPS device like TomTom? Otherwise all the devices seized have GPS capabilities build in. Foolish on the police, but almost sounds like semantics to me.

  13. All you people complaining about the “stupid” judge need a serious reality check.

    If you want to move to a country where prosecutors and police can seize your property without restriction, check out China or North Korea. They’re right up your alley.

    Your attitude that the judge is in the wrong here–for forcing the government to follow the law–is a much bigger threat to society than Aaron Hernandez ever will be.

  14. I don’t profess to know the law or any of it various nuances, but this appears to be more about bad police work than bad law or bad application of the law by a judge. I fully believe that Hernandez is a bad and dangerous person and has been since he was a teenager but even bad people deserve to have their rights protected until proven guilty. I sure as hell don’t want to live in a country where police have free reign to do whatever they please and whenever the choose to do it and if this story is true, the police overstepped their bounds and should have protected themselves and us by getting a broader search warrant.

  15. He’s innocent release the man already!! No murder weapon, no eye witnesses, and now inadmissible evidence! C’mon man! This case is a joke.

  16. While I agree that a warrant should be fairly specific some of the technicalities that exclude evidence are absolutely nonsensical. Maybe that is due to poorly written warrants but when there is evidence that falls into an obvious intent behind the warrant it should be allowed. “Electronic devices” should be sufficient unless there are specific laws that require a specific device (defendant’s cell phone). If the warrant said “GPS device”, all those items fall into that category. Is the problem the warrant was for one GPS device but they seized several GPS devices? If so, that’s lame.

  17. It continually amazes me when a player in the NFL does anything to jeopardize his career.

    The odds of ever playing 1 game in the NFL are stacked against you. The odds of playing more than 3.5 years are stacked against you.

    You compete for your job every day, every practice, every game. Making decisions that are disruptive to the team is part of the equation on cut day.

    My Dad was a football coach and when he taught me how to be a team member he said over and over again… Keep you mouth shut, do your job and never, never be a problem. He said there is one response when your coach is couching younup… Yes Sir!

    Hernandez made himself a problem. He made bad decisions. He decided that football did not deserve his respect. He has become the NFL’s biggest nightmare… Innocent or guilty!

    As bad as our justice system is, it’s still the best in the world. Everyone is innocent until they are found guilty by a jury of their peers. Sure OJ slipped through the cracks but better 10 guilty are let go than 1 innocent person is convicted of crimes they didn’t do.

  18. -FinFan68

    His car has a GPS unit in it too… good to take that under the same warrant, right?

    If you went into a sporting good store and asked for a GPS unit and they showed you an iPhone/iPad/Blackberry you’d think they are crazy.

    Warrant said “GPS device”, not “items containing GPS features”. An iPhone is a cell phone, an iPad is a tablet, a Blackberry (who the hell uses a Blackberry??) but again it’s a cell phone.

    And iPads without cellular connectivity DO NOT have GPS. They rely on a wireless network to provide location. So there is that too.

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