Aaron Hernandez's Cell Phone Won't Be Thrown Out as Evidence - NBC Bay Area

Aaron Hernandez's Cell Phone Won't Be Thrown Out as Evidence

Judge also rules Fiancee Shayanna Jenkins will not have her perjury case thrown out

    processing...

    NEWSLETTERS

    Aaron Hernandez's Cell Phone Won't Be Thrown Out as Evidence

    Aaron Hernandez's personal cell phone will not be thrown out as evidence in his Bristol County, Massachusetts, murder trial, ruled Judge Susan Garsh on Friday.

    The defense had argued that they were misled by the prosecution into believing the search warrant for the phone required that they surrender it. It was ultimately taken by state police at their Boston law office.

    The prosecution argued that police had the proper search warrant for it, and that it was seized lawfully from Hernandez's attorneys.

    Judge Susan Garsh found that Hernandez's lawyers voluntarily surrendered the phone and weren't duped by the police.

    Garsh also ruled today that a rifle found in Hernandez's Toyota, at his North Attleboro home, will not be thrown out.

    She however, ruled that a white towel, taken from Hernandez's home, won't be allowed into trial.

    Prosecutors argued the towel was important to the case, because a similar towel was found at the Oden Lloyd murder scene.

    Garsh further ruled that marijuana, and a bottle of Vitamin Water that was found in Hernandez's home, was properly seized by police and will be admissible into trial.

    Prosecutors have alleged that a cigar with marijuana was found at the murder scene.

    Prosecutors have also said the Vitamin Water was the same flavor and brand that was allegedly found in the vehicle reportedly rented by Hernandez and used in the murder.

    Previously, in another big win for the prosecution, the Judge ruled that Hernandez's own home video surveillance system will be allowed into trial.

    Prosecutors say video shows Hernandez allegedly holding a gun both before and after Lloyd's murder.

    In a prior win for the defense, Judge Garsh threw out .45 caliber bullet casings seized from Hernandez's Franklin "flop house," along with a .45 caliber magazine found in his Hummer.

    Prosecutors have said they never found the murder weapon that killed Llloyd, but that it was a .45 caliber Glock.

    Garsh also threw out iPads and cell phones seized from Hernandez's North Attleboro home. It's unclear of the significance of those items to the case.

    Hernandez is behind bars, awaiting a January trial in the Lloyd case. He's pleaded not guilty.

    He's also pleaded not guilty to two more murders out of Boston.

    His fiance, Shayanna Jenkins, will not have her perjury case thrown out either.

    According to the Commonwealth of Massachusetts, there is direct evidence linking Jenkins to 14 separate perjurious statements.