Lawyers for ex-NFL star Hernandez seek to have search tossed out

Wed Jun 18, 2014 1:08pm EDT
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By Elizabeth Barber

BOSTON (Reuters) - Attorneys for former New England Patriots star Aaron Hernandez argued in court on Wednesday that evidence seized from his home should not be allowed in his upcoming trial on charges of murdering an associate because police lacked cause to search the residence.

The former National Football League tight end is accused of shooting dead semiprofessional football player Odin Lloyd in June 2013 in an industrial park near Hernandez's North Attleborough, Massachusetts home. It is one of three murder charges Hernandez is facing.

Defense attorney Charles Rankin argued during a pre-trial hearing in Fall River District Court that police who searched Hernandez's home days after the shooting had not been given an affidavit describing investigators' cause for ordering the search.

But Massachusetts state trooper Michael Cherven, who participated in the search, testified that the affidavit was attached to the search warrant he received.

Evidence found at the home included video surveillance footage, electronic devices including phones and computers, and firearms.

Associate Justice Susan Garsh did not immediately rule on the matter.

Hernandez is also awaiting trial on charges he shot dead two other men after an incident involving a spilled drink at a Boston nightclub in 2012.

(Editing by Scott Malone and Will Dunham)

Former NFL New England Patriots football player Aaron Hernandez talks with his defense attorney, Charles Rankin (C) during a hearing at the Bristol County Superior Court House in Fall River, Massachusetts, June 16, 2014. REUTERS/Faith Ninivaggi/POOL