FALL RIVER, Mass.(
MyFoxBoston.com/AP) -- Testimony at a hearing for Aaron Hernandez finished its third day Thursday as lawyers sough to have some evidence in his murder case thrown out, including from a cell phone and his home surveillance system.
At the end of the day, Judge Susan Garsh made one ruling Thursday, in favor of the defense. Items collected at the "flophouse" Hernandez rented in Franklin, including ammunition, will be tossed out.
The defense said the former New England Patriot was unlawfully questioned when State Police investigating the killing of Odin Lloyd executed a search warrant at Hernandez's home.
His defense maintains that he was not free to leave, and that officers with visible weapons were with him at all times during the search. Hernandez previously said that he felt "helpless" and worried about his family during the warrant. Hernandez said that he had been asked for his phone and referred all questions to his attorney.
The prosecution held that Hernandez was free to leave during the search, and a trooper testified that Hernandez seemed completely unmoved while the search was being conducted, even relaxing on the couch and watching television at certain points.
Officers who were at his house during the search warrant execution maintained that Hernandez was never told he was in trouble or that he was a suspect of any kind. Officers said that he was able to have private conversations with his fiance, who was also in the house at the time.
Both the defense and prosecution questioned the troopers regarding whether or not Hernandez was ever directly asked for his phone. The troopers said that, despite previous testimony indicating otherwise, they never asked Hernandez for his phone, only for his password.
The defense said that was unlawful interrogation, because at the time Hernandez had not been read his Miranda rights, and none of his lawyers were present.
The defense questioned the troopers about how they would have expected to find the phone without asking for its location, but the troopers held their stance that Hernandez was never asked.
The trial continues on Thursday.
Hernandez has pleaded not guilty in the 2013 death of Lloyd, who was dating Hernandez's fiancee's sister. Lloyd's family sat less than 20 feet behind Hernandez. His mother and a woman next to her were brought to tears when Massachusetts State Trooper Eric Benson testified about the crime scene and the items found next to Lloyd's body.
