All the Things Aaron Hernandez Jurors Aren’t Allowed to Hear
Here’s a fact: Aaron Hernandez was charged with double murder for two killings in Boston in 2012.
Here’s another: Jurors in his current murder trial will not be allowed to consider that information.
During the former New England Patriot’s trial for the alleged murder of semi-professional football player Odin Lloyd, jurors will hear a range of testimony from police, experts, witnesses, and associates. However, a series of pre-trial rulings from Massachusetts Superior Court Judge Susan Garsh have whittled down the presentable evidence in the trial.
Here’s a rundown of some would-be pieces of evidence that were ruled inadmissible.
What jurors won’t hear: At 3:19 a.m. on the day he was killed, Lloyd allegedly texted his sister Olivia Thibou the following message: “U saw who I was with … NFL … Just so U know.’’ Thibou said this was a code name for Hernandez. Lloyd was killed at 3:25 a.m.
What lawyers said about it: Prosecutors argued that the texts would prove Lloyd was trying to warn his sister that he was in imminent danger. Hernandez’s defense team said that this interpretation was a “fantasy,’’ and that the texts were not relevant to whether Hernandez murdered Lloyd.
Why they won’t hear it: Prosecutors’ argument “is clearly in the realm of speculation,’’ Garsh said in December, according to The Boston Globe. Prosecutors “do not provide a basis to infer that he was under the belief of imminent death,’’ she added.
What jurors won’t see: Hernandez took a photo of himself in the mirror holding what looks like a .45-caliber pistol in 2009, which was later posted by TMZ.
What lawyers said about it: Prosecutors said that Lloyd was killed by a .45-caliber pistol. Defense attorneys argued that these pictures were not relevant.
Why they won’t see it: “It’s just a piling on’’ of gun possession evidence, Garsh said, and argued that it would be “extremely prejudicial.’’
What jurors won’t hear: Hernandez also faces two murder charges in the deaths of Daniel de Abreu and Safiro Furtado, who were shot to death in Boston in 2012. He has pleaded not guilty.
What lawyers said about it: Prosecutors suggested that Hernandez told Lloyd important details about the 2012 killing, and then killed Lloyd as a way to bury that evidence, making the 2012 details important. Defense attorneys wrote in court filings that allowing these prior bad acts to be entered as evidence “will have succeeded in transforming a murder trial into a wide-ranging, collateral attack on the defendant’s personal history, character, lifestyle and propensities.’’
Why they won’t hear it: The theory that the two alleged killings are related “does not comport with common sense,’’ Garsh wrote in a ruling. Sports Illustrated’s Michael McCann also notes that generally “evidence about a defendant’s prior ‘bad acts’ is inadmissible on grounds that it is irrelevant and may unfairly prejudice jurors against the defendant,’’ particularly in Massachusetts.
What jurors won’t hear: Boxes of .45-caliber ammunition and a loaded Glock .45-caliber magazine were found during a search of Hernandez’s Franklin, Mass. apartment and Hummer.
What lawyers said about it: Defense attorneys said the search warrant used for the apartment only allowed police to recover a cellphone belonging to Hernandez’s associate Carlos Ortiz. The other items seized were in violation of the warrant, they argued. Prosecutors have said the murder weapon was a .45-caliber pistol, but that has never been found. However, prosecutors declined to challenge the defense’s request to throw out this evidence.
Why they won’t hear it: Police did not show probable cause to search his Franklin apartment and vehicle, Garsh ruled, and said there were “absolutely no facts’’ linking Hernandez “in any way at all to the crime under investigation.’’
What jurors won’t hear: Police seized several of Hernandez’s electronic devices, including an iPhone, Blackberry, iPad, and two iPad minis. The Boston Globenotes that it’s not clear what evidence from the phones would have been presented to jurors.
What lawyers said about it: Prosecutors argued that police had the legal authority to seize any cellphones in Hernandez’s home in following through on the search warrant in order to determine which phone was his.
Why they won’t hear it: Garsh ruled that police who searched Hernandez’s home in June 2013 “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 did not specify which information on the phone would not be allowed.
What jurors won’t hear: Police seized a white towel from Aaron Hernandez’s North Attleborough home.
What lawyers said about it: Prosecutors said that a white towel was found in the industrial park where Lloyd’s body was discovered similar to the one seized at Hernandez’s home. Defense attorneys argued that the towel was outside the scope of the search warrant.
Why they won’t hear it: While the prosecution argued that this towel was important to the case, Garsh decided to throw out the evidence.
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