Hernandez defense loses bid to toss phone evidence

AP News
Posted: Oct 10, 2014 4:58 PM

FALL RIVER, Mass. (AP) — Ex-New England Patriots tight end Aaron Hernandez has lost a bid to have his cellphone and other evidence thrown out of the murder case against him.

A Superior Court judge ruled Friday to allow his BlackBerry as evidence. The defense argued it was seized under a false claim of legal authority. Prosecutors said they had a valid warrant and Hernandez's lawyers turned it over willingly.

The judge agreed the phone wasn't turned over through trickery or duress.

The defense also lost a bid to have tossed a rifle found in a car in Hernandez's garage.

Hernandez has pleaded not guilty to the fatal shooting of semi-professional football player Odin (OH'-dihn) Lloyd, who was dating the sister of Hernandez's fiancee.

The judge also ruled against a motion filed by Hernandez's fiancee to have her perjury case dismissed.