Judge denies prosecution's request to obtain Hernandez's allegedly coded phone calls

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February 7, 2014, 6:31 pm
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(NECN: Kathryn Sotnik, Fall River, Mass.) - Former New England Patriots player Aaron Hernandez was back in a Fall River courtroom Friday.

During the hearing, Judge Susan Garsh denied the prosecution's request to get recordings of Hernandez's jail house phone calls, along with his visitor list, saying prosecutors didn't make a sufficient enough case.

Court paperwork shows prosecutors want those calls because the former New England Patriot is allegedly talking in "coded messages" in jail about his alleged role in Odin Lloyd's murder. Hernandez has plead not guilty to murder and awaits trial.

Prior to getting denied by the Judge, the defense called the states request "grossly overboard."

"This is nothing but a fishing expedition," said Hernandez defense attorney James Sultan.

Things took an even bigger turn in court when prosecutors revealed they already have some of the jail-house recordings.

The prosecution took heat from the Judge for not turning those recordings over to the defense.

Judge Susan Garsh chided the prosecution saying, "Why haven't you already turned them over? What does due course mean?"

The prosecution also took some heat from the defense who said, "bootleg copies of Mr Hernandez's calls from the jail."

The prosecution is allowed to have the recordings, and obtained them from the jail.

However, in order to submit them as evidence in the trial, the Judge has to sign off on them.

In their own defense, prosecutors say they've already filed the request to comply with that.

"We're trying to honor the protocol that was agreed to with the sheriff," said Prosecutor William McCauley.

McCauley went on to say, "There's nothing underhanded about what were trying to do."

The Judge ultimately ruled the prosecution has until Monday to get the phone recordings over to the defense.

Prosecutors can also re-file their motion to the Judge to get the certified jail-house phone recordings.

Tags: massachusetts, Fall River, Aaron Hernandez, Kathryn Sotnik, odin lloyd, James Sultan, william mccauley, susan garsh
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