Aaron Hernandez jailhouse phone calls are not privy to prosecutors claiming he used coded language in them to talk about the killing of Odin Lloyd he is now accused of a Bristol superior Court judge ruled late Friday, according to Boston.com.
According to Boston.com, Judge Susan Garsh ruled the informations prosecutors were seeking needed to be supported by an affidavit and the document filed by investigators did not meet that standard.
"The Commonwealth's motion is not supported by any affidavit," the website reported Garsh admonished prosecutors, Boston.com reported. She later added said she was denying the prosecutors' motion without prejudice, meaning they could return to her court with the same request, if they do it properly. Garsh also cautioned prosecutors their request for a subpoena for the recordings required them to show that they believed based on "reliable hearsay" that the recordings contained material that would address an issue relevant to the case.
Hernandez attorneys argued that the motion was "grossly overbroad" and lead attorney James Sultan classified the partnership between prosecutors and the sheriff's office as "rather bizarre," with the latter "acting as an agent, an arm of the prosecution," for the former.
Boston.com reported Hernandez mouthed the words, "I love you," to family members after he was brought into court. He has pleaded not guilty to murder and weapons charges.
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