For the first time in his own words, it's being learned how former New England Patriots star Aaron Hernandez felt when police searched his North Attleboro, Massachusetts, home and questioned him in connection to the murder of Odin Lloyd.
In the sworn statement filed Monday as part of several motions to suppress evidence, Hernandez said, "I felt helpless in the face of the occupation of my house by the police ... I was also very concerned about what would happen to my fiancee and our baby if I refused to answer their questions."
"They asked Aaron Hernandez where is the cell phone and he said my lawyer has it, they also asked him for the password to the cell phone and he provided that," said NECN Legal Editor Randy Chapman.
Chapman says that cell phone was allegedly used to contact Odin Lloyd, Carlos Ortiz and Ernest Wallace the night of the murder, and it could prove to be a key piece of evidence in the prosecution's case.
"They're alleging that his right to remain silent was not respected, that they should not have asked him any questions, they further allege that because they asked him questions, did not respect his right to remain silent then the cell phone never would have been seized from his lawyer's office," he said.
Hernandez also said in the affidavit that the police, "had a very confrontational manner, even when I tried to end the conversation and told them to contact my lawyers, they persisted in trying to question me. They made me feel like I was a suspect."
He says he was never read his Miranda rights.
"The breaking point in this case will largely be whether or not Aaron Hernandez was in custody at the time this occurred," Chapman said.
The defense is also challenging search warrants for Hernandez's North Attleboro home, his Franklin apartment and a couple of vehicles found on those properties.
"So that is what's called the fruit of the poisonous tree, that if something gets suppressed, everything that stemmed from that also has to be excluded," Chapman said.
Some of the evidence the defense is asking the judge to exclude are cell phones belonging to both Hernandez and Carlos Ortiz, boxes of ammunition found in a car tied to Hernandez, and other various pieces of evidence the defense alleges were outside the scope of the search warrants.
