Judge says prosecutors can’t have Hernandez phone for now

AP Photo

BOSTON (AP) — Prosecutors in the double murder case against former New England Patriots player Aaron Hernandez won’t get to search one of his cellphones, at least not for now, a judge ruled Monday.

Hernandez gave the phone to one of his attorneys during the investigation into the 2013 killing of Odin Lloyd, who was dating the sister of Hernandez’s fiancée. Hernandez is serving a life sentence after being convicted last year in Lloyd’s murder.

Hernandez is now awaiting trial in the killings of two men he encountered at a Boston nightclub in 2012.

Prosecutors sought an order to compel the law firm now holding the phone to turn it over and a search warrant to examine the phone, which they believe contains evidence they need for their case against Hernandez.

Suffolk Superior Court Judge Jeffrey Locke ruled Monday that Hernandez’s lawyers in the double murder case have not yet had the opportunity to review the phone for the purposes of providing legal advice to Hernandez. Locke’s ruling left open the possibility that prosecutors could obtain the phone and search it at a later date.

Jake Wark, a spokesman for Suffolk District Attorney Daniel Conley, said the ruling makes it clear that prosecutors have largely met their burden for obtaining the phone, but it is still unclear how much longer it will be necessary for Hernandez’s lawyers to examine its contents before the time period needed for legal advice is complete. Wark said prosecutors are reviewing options for possibly appealing the ruling.

No date has been set for Hernandez’s trial. He has pleaded not guilty in the fatal shootings of Daniel de Abreu and Safiro Furtado.

Prosecutors say Hernandez became irate after one of the men spilled Hernandez’s drink at a nightclub. They say he opened fire at their car while it was stopped at a light.

Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

WTNH NEWS8 provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review. Also, you can now block any inappropriate user by simple selecting the drop down menu on the right of any comment and selection "Block User" from there.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s