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Denis King On Toucher & Rich: The Unsealed Hernandez Search Warrants

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Aaron Hernandez in Fall River Superior Court, June 27, 2013. (WBZ-TV)

Aaron Hernandez in Fall River Superior Court, June 27, 2013. (WBZ-TV)

WBZFM_Bio_Toucher_Rich Toucher and Rich
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We got some more information surrounding the investigation involving Aaron Hernandez. Eight search warrants were unsealed Tuesday after news organizations sought access to the records. A judge had granted the media requests on Monday. Is there anything in these newly released documents that might seal the deal for the prosecution?

“No, there was an awful lot of circumstantial evidence,” former Federal prosecutor and defense attorney Denis King of Goulston & Storrs told 98.5 The Sports Hub’s Toucher & Rich on Wednesday. “Compelling circumstantial evidence to be sure, but there wasn’t the smoking gun no pun intended. It’s very clear that they have put in a ton of work on this case, I think there were seven or eight different searches done within a very short period of time. There was an awful lot of evidence listed in the search warrant returns that certainly is incriminating just for example they searched a Hummer in the parking lot of what they are describing as the flop house over in Franklin and in the center console found a loaded .45 caliber Glock magazine and receipts that came back with Hernandez’s name on it, things like that.”

One of the bigger bits of information included was that Hernandez associate Carlos Ortiz told Massachusetts investigators that another man, Ernest Wallace, said Hernandez shot Odin Lloyd. Unfortunately this would be deemed hearsay and therefore not be allowed into evidence, but King say there is a way.

“If Ernest Wallace becomes a witness for the Commonwealth then that’s a whole different situation because any statement by Aaron Hernandez that would have been made directly to Wallace is an admission and is not hearsay and so that would come in to evidence.”

King also noticed something interesting about the way this was all phrased in the reports, “They make it sound as though Lloyd, Wallace and Hernandez were outside of the vehicle at the time this happened and if Wallace was there then why would he need to say to Ortiz that Hernandez told me, if he was there he saw it happen. Now having said that, search warrant affidavits often are phrased in odd manner sometime a little bit verbose because they don’t want accused of leaving anything out. That could just be the way the affidavit is drafted, but I thought that was odd.”

The guys went on to discuss what Hernandez’s legal team might try to use as a defense. Would they be able to make a case that this was self-defense?

“In what has been presented thus far there’s absolutely nothing that would suggest self-defense at all, having said that who knows?”

So if there’s nothing to suggest that it could have been self-defense, what could they try and say happened that night?

“The most obvious is, it wasn’t me it was him, somebody else did it I just happened to be there.”

King went on to say that they could try and point the finger at another guy who they can prove was there that night and say that guy is saying it was Hernandez to get a better deal.

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