Judge throws out evidence obtained from Hernandez’s apartment

AP

Former Patriots tight end Aaron Hernandez continues to await trial on a trial of murder charges.  In the case arising from the shooting death of Odin Lloyd, Hernandez’s legal team has scored a victory.

On Thursday, Judge Susan Garsh issued an eight-page ruling that suppresses all evidence retrieved from a search of Hernandez’s apartment in Franklin, Massachusetts.

The search arose from an effort to retrieve the cellphone of Carlos Ortiz, who was with Hernandez and Lloyd on the night of the murder.  While at the apartment to get the cellphone, police made observations that resulted in five more warrants — which in turn resulted in the retrieval of various types of ammunition and other property.

Judge Garsh found that the affidavit supporting the search warrant for Ortiz’s phone failed to establish probable cause to conclude that the phone is related to the criminal activity under investigation.  As a result, the phone and all other evidence later obtained via separate search warrants can’t be introduced at trial.

While a win for Hernandez’s legal team, the ruling likely has little impact on the question of whether he’ll be convicted at trial, since none of the evidence from the apartment is the proverbial (or in this case literal) smoking gun.  But it’s a reminder that Hernandez has very real rights, thanks to a system that would much rather see 10 guilty men go free than one innocent be wrongfully imprisoned.

70 responses to “Judge throws out evidence obtained from Hernandez’s apartment

  1. The system may be setup in a manner to where valid evidence can be thrown out but it also prevents strongarming and abuse of power. There are many people who go in innocent or are overpunished.

  2. I guess football players were added to that list of untouchables ,maybe because he’s in an industry that makes billions a year.its the new American way,money over morals.

  3. I feel like he’s going to walk. I really do. I think the jury is going to be intimidated in some fashion by his people. Plus no murder weapon found. I have a bad feeling.

  4. The laws were written to protect innocent people. Unfortunately a side issue is that guilty people also benefit. If you are ever wrongly accused, you would be very grateful for the laws that protect your rights.

  5. “… a system that would much rather see 10 guilty men go free than one innocent be wrongfully imprisoned.”
    ————————————————-
    I guess your perspective on that system depends on whether you are the one innocent, or one of the several dozen future victims of the 10 murderers who went free.

  6. its the new American way,money over morals.
    ====================================
    Deenchaz you are right sir its just NOT new… money over everything is the American way ……unfortunately

  7. Can’t they just make him try on a glove at trial? If it fits..he’s guilty. If it doesn’t..you must aquitt…or something like that?

  8. He is getting good use out of the signing bonus….good luck convicting him without that gun….his lawyers are good….

  9. A minor victory for his lawyers. He’s been in jail, without bond, for over a year. A long time for someone who hasn’t been convicted of anything. The Constitution guarantees the right to a speedy trial. Is his legal team on board with the long delay?

  10. By the time this judge is done, the only evidence allowed will be his momma testifying what a good boy he is.

  11. Based on the haphazard bumbling of the prosecution so far, you can probably make a good case that Aaron has been “wrongfully imprisoned” for over a year. I think they realize they are going to lose so they will make Hernandez serve a lengthy prison sentence while waiting for trial.

  12. They could throw out 90% of evidence. He’s done. That’s 100%. (an elephant never forgets) (hate that elephant).

  13. Yep…and the NFL truly believed that ESPN’s “Playmakers” was just too over the top to be considered an accurate account of their league…

  14. Judge Susan went through the box of evidence from the apartment, angrily tossing out shoes, jackets, phones, guns, blenders, door stops, velvet wall hangings, partially filled paint containers, glass knick knacks, couches with springs sticking out of them, broken shower heads, rusted nails….

    “This is all junk!”.

  15. Try to remember that IF Hernandez is found not guilty of this murder, he HAS been indicted in a double murder in Boston for which he has to stand trial! I don’t see him escaping all three crimes!

  16. “But it’s a reminder that Hernandez has very real rights, thanks to a system that would much rather see 10 guilty men go free than one innocent be wrongfully imprisoned.”

    This WAS meant to be satirical, right?

  17. He’s almost broke. Those high priced lawyers won’t last long.

    Yeah & if they believe for one second that they can get him off they’ll be there to the end to cash in…
    #BELIEVE THAT

  18. We need to replace our system which would much rather see 10 guilty men go free than one innocent be wrongfully imprisoned for the one in North Korea where everyone is guilty and immediately sent to a prison camp or the firing squad!

  19. Yep…and the NFL truly believed that ESPN’s “Playmakers” was just too over the top to be considered an accurate account of their league

    I’m not so sure they really believed that, but they wanted it gone nonetheless.

  20. I never understood a guy who likes girls doing things he knows could get him locked up with nothing but men for the rest of his life.

  21. On it’s face, just an insane ruling.

    A judge just ruled that it completely unreasonable to believe a man who was with murder victim all night might have a cellphone that contained information relevant to the murder investigation.

    This judge should be recalled.

  22. Its a race…
    Who gets back into football first..

    Ray rice who hit his eventual wife when she spit in his face, or Hernandez that shot several strangers to death in the back.

    My bet is on the Patriot

  23. His high price lawyers waived a speedy trial people. They always do. You can’t dig up B.S. loopholes overnight.

  24. thelastpieceofcheese says: Oct 3, 2014 6:52 PM : We need to replace our system which would much rather see 10 guilty men go free than one innocent be wrongfully imprisoned for the one in North Korea where everyone is guilty and immediately sent to a prison camp or the firing squad!
    —————————————–
    No, just replace it with something at neither of those extremes. Remember, when criminals go free, they commit more crimes and the number of victims multiplies. The problem is, there is no perfect answer.

  25. Protect your rights if your lawyer is competent enough.

    any run of the mill joe in Aaron’s shoes has already been convicted.

    you need to be a high profile millionaire to get a good lawyer.

  26. “thanks to a system that would much rather see 10 guilty men go free than one innocent be wrongfully imprisoned.”

    Unless you live in the south should be a disclaimer attached to that statement

  27. Yes there are lots of legal rights available to all Americans… that can afford them.
    Just like Ray Rice was allowed to go into an intervention program and completely avoid jail time and have his record cleaned, even though he is a very strong dude who took a full swing on a woman and knocked her unconscious. Less than 1/2 a percent of domestic violence perpetrators get such a lenient sentence.
    If it were a person of average wealth, they’d have thrown them in prison for less so that the prosecutor could show he was “tough on crime” and get a raise or promotion.

  28. I’m all for fair treatment,but come on…this country has taken the whole rules of evidence thing to such a ridiculous level on some of these high profile cases, because trust me Joe Blow does not get these kind of breaks….I believe there are many many many innocent people that wasted away in jail, that being said again In these high profile cases it just makes a person sick hearing the stuff that gets thrown out …prosecutors are overmatched against a wall of high paid defense lawyers with clients willing to spend it all to stay out of jail….just seems like these prosecutors are doomed in these cases ,we’ve seen too many of them walk and I believe we’re gonna see Hernandez walk too…..it’s really sad that there are people out there rooting for him to be freed just because he was a good ball player and was famous for a couple years,not caring he is I’d say definitely guilty of something that night and probably other nights as well…and there are victims out there that deserve justice……tooooooo much points to this guy being guilty of something…….he’s gonna walk I just know it. I just hope he doesn’t have a dime after he’s out..

  29. I watched the documentary – and I know FLorio gets so ridiculous over this:
    They showed a timeline with video of Hernandez’s friends arriving at his home from his own surveillance cameras which will be allowed in as evidence.
    They go down to a basement than leave, they text Lloyd with Hernandez telling Lloyd “bring dat I need it” cameras pick up the vehicle their driving enter the st Lloyd lives on.
    They trace the vehicle by pings from cell phone towers & cameras to an industrial park where Lloyd’s body was found.a 1/2 mile from Hernandez’s home.
    The camera at the park shows the vehicle arriving at about 3AM,Lloyd texts his sister at about 3;15 Am & tells her he is with NFL.At 3;27 workers report hearing gunshots at the park.
    At about 3;45 the vehicle pulls in front of AH’s home ,3 men get out all with guns in hand[none of them are Lloyd , the men once again head down to the basement with the camera showing AH holding a 45 in his hand.
    They match the vehicles tires to the tire tracks at the industrial park, the manager of the rental car tells police that he found a 45 bullet shell[which they found] under the drivers seat when AH returned the car.The biggest problem for AH is that they claim to have his dna on Lloyd’s wrist.

  30. This will be the next OJ Simpson case! A crazy amount of evidence but will end up going free. He is 100% guilty and anybody following the case at all knows it!

  31. Better to have rights than none at all.

    BTW, what about the right to a speedy trial? Hasn’t it been a year now?

  32. If Hernandez walks on this murder,I’ll be sad for Odin Lloyd’s family. But- Hernandez was positively ID’d as the shooter by the guy who survived the drive-by double murder. I don’t see how he walks on that one.

  33. oldlthrneck says the laws were written to protect innocent people. I would have agreed with him if he had completed his sentence. What I would have said and experienced through a family member is the law was written to protect innocent people WHO HAVE MONEY. The legal system affords little rights to those who have the misfortune of having a court appointed lawyer who is not going to push a case he isn’t getting paid for. DA’s, assistant DA’s, judges, lawyers usually all play and work together.

  34. this “speedy trial thing”. it’s defense lawyers stringing it out. witnesses move away, people forget things and with time what people do remember will change which will do nothing but help the defense, the longer the defense can milk it the better for the accused.

  35. There’s no way he beats 3 murder charges. You don’t just randomly get charged for a murder without a huge the police definitely thinking it you. Not 1 let alone 3. Nevermind a star TE for the Patriots. I’m afraid this guy is guilty. You can see it in a mans eyes and I see guilt. I live in Boston so the news constantly talks about it still and I just see guilt all over him.

  36. If you don’t want the evidence thrown out in the trial of your loved one’s killer, don’t let them get murdered in a liberal state/county/city. Elections matter.

  37. deenchaz says:
    Oct 3, 2014 5:13 PM

    I guess football players were added to that list of untouchables ,maybe because he’s in an industry that makes billions a year.its the new American way,money over morals.
    ————————————————————————-
    Things are thrown out all the time in many cases. The implication that it was because he used to play football is moronic. In a time of the Patriot Act and NDAA, it’s refreshing that at least some of the Constitution is working.

  38. denrec, Brother or sister, you hit the nail on the head. The amount of justice you receive in this country is based on the amount of money you have. The color of justice in this country is not White, nor Black, its Green, as in dollar bills. This conclusion is based on 28 yrs in law enforcement. Ive seen more then one suspect sentenced to jail on shoddy evidence simply because he was afforded a public defender. If you can not afford an attorney, one will be appointed for you,,,,

  39. “On Thursday, Judge Susan Garsh…….”

    I stopped reading here, fully aware of the reason the evidence got thrown out….

  40. those 10 guilty men running free do society a lot more harm than the one innocent guy sitting in prison

  41. In America, one is presumed innocent until the lawyers get all their money.

    Hail mighty Redskins.

  42. thelastwordyaheard says:
    Oct 4, 2014 7:47 AM
    those 10 guilty men running free do society a lot more harm than the one innocent guy sitting in prison
    ——————-
    So, why even bother with trials? Lets just go from charged to prison. Or lethal injection. Save a ton of money.

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