A Bristol Superior Court judge Tuesday threw out evidence taken from several electronic devices seized by state troopers last year from the North Attleborough home of Aaron Hernandez, the former New England Patriots tight end charged with three murders.
In a 28-page ruling, Judge E. Susan Garsh did not specify what evidence from the devices — an iPhone 5, a Blackberry Bold cellphone, an Apple iPad, and two iPad minis — will be inadmissible at Hernandez’s trial on charges of murdering Odin L. Lloyd of Dorchester in June 2013.
When troopers later entered Hernandez’s home in June 2013 with a search warrant, they “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,” Garsh wrote.
In the ruling, Garsh rejected the prosecutors’ argument that troopers were entitled to seize any cellphones in Hernandez’s home in order to determine which one was his.
“In effect, the Commonwealth maintains that a search warrant for a cell phone with a designated number constitutes authority in all cases to seize every cell phone found at the search site,” Garsh wrote.
If you are wondering why I consider this a major victory, it is simple. The former Patriots tight end Aaron Hernandez could have been placed at the scene of the crime via the GPS and tracking devices. The courts will now have to rely on he said/she said testimony.
With the way this case is going, I would not be surprised if Aaron Hernandez ends up walking away without being charged for the murder of Odin Lloyd. Remember you have to prove that Hernandez was there, you have to prove he pulled the trigger, and you have to prove he had malicious intent to do it. If they are trying him for Murder 1 he will win all day especially without the weapon.