SJC Ruling On Seized Phone Could Affect Odin Lloyd Case
FALL RIVER (CBS) - Aaron Hernandez's defense may have a chance to get more evidence against him thrown out as he stands trial for the murder of his friend, Odin Lloyd in June of 2013.
Monday, the Massachusetts Supreme Judicial Court handed down a ruling regarding a case against Hernandez out of Suffolk County, where he's charged in two other murders.
A grand jury there, issued a subpoena for Hernandez's cell phone, which he had given to his attorneys.
On Monday, the state's high court ruled, "we conclude the subpoena was issued improperly." The ruling went on to explain, "The protection afforded by the attorney-client privilege may not be set aside based on a showing of probable cause."
WBZ legal expert Harry Manion says the ruling could now affect the trial in Bristol County. "The defendants will go to Judge Garsh and say, 'Judge Garsh, you have to follow this.'"
Garsh, who's presiding over the Bristol case, already ruled on Hernandez's cell phone last fall, and decided it should be allowed in. Now, she will likely have to revisit the matter.
"To be told at the 11th hour and 59th minute, after having won the motion in October, to be told you can't do it, is going to have a lot of strategic and tactical consequences," said Manion.
The first phase of jury selection will wrap up Tuesday. Attorneys will begin the process of eliminating later this week.
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