Prosecutors lose bid for ex-NFL star's phone calls - ABC6 - Providence, RI and New Bedford, MA News, Weather

Prosecutors lose bid for ex-NFL star's phone calls

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By: Samantha Lavien
Slavien@abc6.com
Twitter: @samanthalavien

Former Patriots tight end Aaron Hernandez appeared in court Friday for a pre-trial hearing where prosecutors fought to have jail house phone calls in which the 24-year-old allegedly used coded messages to discuss the killing of Odin Lloyd released.

"The very reason that we are seeking a subpoena is to obtain all of this material in a single form in a certified copy not in peace meal fashion, said a prosecutor.

The defense called that request a fishing expedition.

 "I mean where is the relevance of they claim that a few of these calls they say are relevant although as the court points out they do not show this hearsay is reliable which is a requirement of Lampron they do not say the source of this hearsay information which is a requirement under Lampron," said Hernandez's defense attorney.

That request was denied by the judge until the Commonwealth files another affidavit with more information.

During the hearing it did come out that the Commonwealth is already in possession of some of those recordings. Those have been ordered to be given to the defense by Monday.

Hernandez has plead not guilty to first degree murder and weapons charges related to the death of Lloyd.

The 27-year-old Boston man was found shot to death in a North Attleboro industrial park near Hernandez's home in June.

Also in court, the defense asked to learn whether the Commonwealth plans to allege in trial that Hernandez was the shooter in that case or that he assisted someone else.The judge denied that request.

Hernandez is being held without bail at the Bristol County House of Corrections.

Hernandez is due back in court for a pre-trial hearing in the case has been scheduled on June 16.

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