Skip to main content

Hernandez defense loses bid to toss phone evidence

FALL RIVER, Mass. (AP) — Ex-New England Patriots player Aaron Hernandez lost a bid Friday to have his cellphone and some other evidence thrown out in the murder case against him.

After hearing several days of testimony last week, Superior Court Judge E. Susan Garsh ruled to allow Hernandez’s personal BlackBerry as evidence. Authorities say he used it to communicate with Odin Lloyd on the night of Lloyd’s June 2013 killing.

The defense had argued the phone was seized under a false claim of legal authority, but Bristol County prosecutors said they had a warrant to seize and search it and Hernandez’s lawyers turned it over to law enforcement without objection.

“The turning over of the phone was a voluntary act. It was not the result of force, threat, trickery, duress or coercion,” Garsh wrote in a 22-page decision that declared the warrant valid.

The defense also lost a bid to have tossed a rifle and ammunition that police found in a car in Hernandez’s garage while executing a search warrant at his North Attleborough home. His attorneys had argued that the rifle and several other items were outside the scope of the warrant. Only a white towel was thrown out.

Authorities have said a white towel was found near where Lloyd’s body was discovered by a jogger.

Hernandez has pleaded not guilty in Lloyd’s killing. The semi-professional football player from Boston was dating the sister of Hernandez’s fiancee, Shayanna Jenkins.

Also Friday, Garsh ruled against a motion filed by Jenkins’ attorney to have the perjury case against her dismissed. Prosecutors have said Jenkins lied repeatedly in testimony to the grand jury that indicted Hernandez, including over her disposal of a box authorities say he asked her to retrieve from their basement and get rid of.

The judge rejected Jenkins’ attorney’s argument that the grand jury didn’t hear probable cause and that its integrity was impaired in part because prosecutors tried to entrap her.

In trying to get Hernandez’s BlackBerry thrown out, his lawyers also argued that the ex-player was unlawfully interrogated at his home, including about the phone’s passcode. In a prior affidavit, Hernandez said that he felt “helpless in the face of the occupation of my house by the police” and that he worried “what would happen” to Jenkins and their baby if he didn’t answer questions. He had directed police the day before to speak to his lawyers.

Garsh said Friday that there was no evidence “of any physical control” by police over Hernandez and that a “reasonable person” would have felt free not to respond when asked about the phone’s passcode and to leave.

The defense earlier won a bid to have other pieces of evidence suppressed. Garsh last week threw out bullets found in an apartment in Franklin that was rented by Hernandez and a magazine found in his Hummer. She ruled that police had not adequately demonstrated probable cause in getting a search warrant.

The items were the same caliber believed used in Lloyd’s killing, authorities have said.

The district attorney’s office did not fight the defense’s bid to have that evidence thrown out.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
Read Next Story