Former New England Patriots tight end Aaron Hernandez’s lawyers asked a judge to suppress evidence from his cellphone, saying authorities did not have a warrant to retrieve it after he was arrested last year, the Associated Press reports.
Prosecutors say that the day after semi-pro football player Odin Lloyd was found dead in June 2013, a search warrant was executed allowing police to search Hernandez’s home for a phone they believed contained evidence. The phone was not at the home, but in the possession of one of Hernandez’s attorneys, prosecutors said.
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Hernandez, 24, is in jail awaiting trial, accused of first-degree murder and other weapons charges.
This is at least the third time Hernandez’s lawyers have tried to get evidence thrown out before the Lloyd trial, which is scheduled to start Jan. 9.
Last month, a judge granted a request to suppress electronics that were taken from his home, because they weren’t listed on a search warrant. An earlier request to suppress evidence from his home surveillance cameras was rejected.
Sept. 19 is the deadline for prosecutors to file their response to the new motion, and the issue is scheduled to be heard on Sept. 30.
Hernandez is also charged in the murders of two men in Boston in 2012. He has pleaded not guilty in both cases.
- Scooby Axson