A judge has denied Aaron Hernandez's motion to suppress evidence in his upcoming double murder case.
The former New England Patriots tight end has been convicted for the 2013 murder of Odin Lloyd. He now awaits trial for the 2012 Boston murders of Daniel de Abreu and Safiro Furtado.
Hernandez's defense had hoped the court would throw out evidence discovered in the search of his Toyota 4Runner. Documents from Suffolk Superior Court show that his motion has been rejected.
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Hernandez's lawyer, James Sultan, argued during a court hearing last month that anything gleaned from the search of a Toyota 4Runner should be suppressed because the search warrant was partly based on information from a key witness — Carlos Ortiz — who gave deceptive answers on a lie detector test.
Police first spotted the Toyota 4Runner at the Bristol home of Hernandez's uncle while they were investigating the Lloyd killing. Ortiz was with Hernandez the night Lloyd was killed.
Sultan said during a court hearing last month that police in Bristol, Connecticut, omitted the results of the polygraph test when they relied on information Ortiz gave them to apply for the warrant. Prosecutors said Bristol police have a policy of not including polygraph tests in warrant applications because they are not admissible during trial.
Judge Jeffrey Locke rejected the defense request, finding that even if the results of Ortiz's polygraph test had been included in the search warrant application, it would not have changed the finding of probable cause for the warrant.
Sultan did not immediately respond to a request seeking comment Friday on Locke's ruling.
Locke also rejected a request to throw out a charge of witness intimidation against Hernandez.
Hernandez is charged with shooting a witness to the 2012 double murder in the face and leaving him for dead.
Prosecutors have said they believe Hernandez shot Alexander Bradley in February 2013 after he made a remark about the double slaying, angering Hernandez and making him think Bradley could no longer be trusted.
Bradley survived the shooting but lost an eye.
Jury selection is scheduled to begin Jan. 19.
Stay with necn as this story develops.