Former New England Patriots star Aaron Hernandez is saying he felt “helpless” when police came to search his North Attleborough, Massachusetts mansion after the murder of Odin L. Lloyd last year, according to court documents released this week.
Hernandez's sworn testimony was part of a motion to suppress evidence that was filed last week. In it, lawyers claim irregularities in Hernandez’s questioning the night of June 18, 2013.
“That questioning occurred without appropriate Miranda warnings and after Hernandez had invoked his right to counsel. Accordingly, all fruits of his statements must be suppressed,” they wrote.
News of the affidavit were first reported by the Boston Globe website on Tuesday.
“I felt helpless in the face of the occupation of my house by the police,” Hernandez wrote in the affidavit supporting the motion. “I was also very concerned about what would happen to my fiancee and our baby if I refused to answer their questions. I did not feel free to leave at any time during the search,” he added.
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Hernandez has pleaded not guilty to murder in the fatal shooting of Lloyd, a semi-professional football player, in June 2013. The victim was dating the sister of Hernandez's fiancee.
Last week, the defense asked a judge to suppress evidence from his cellphone, saying state police didn't have a warrant.
The motion filed on Sept. 9 states that the prosecutors misled his attorneys and improperly relied on warrants they had to search Hernandez's home and the phone. It says prosecutors "deliberately induced Mr. Hernandez's lawyers to turn over his cell phone based upon a false claim of legal authority." They argue that a separate, more stringent, search warrant should have been sought.
In his sworn statement, Hernandez said that 10 police officers came to his house that night and behaved in a “very confrontational” manner.
“Many of the officers carried weapons which were visible to me,” he said.
“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,” Hernandez says in the affidavit.
Judge Susan Garsh has ruled previously that state police had probable cause to take the phone because they said Lloyd had texted and called Hernandez the night he was killed.
The judge last month granted Hernandez's request to suppress evidence from two other cellphones and three iPads taken from his home because they weren't listed in a search warrant. In July, she rejected a defense request to suppress evidence from his home surveillance cameras.
Hernandez, who grew up in Bristol, Connecticut, is charged separately in the killings of two men in Boston in 2012 after a brief encounter at a nightclub. He has pleaded not guilty.
The Associated Press contributed to this report.