Ex-Patriot Aaron Hernandez's lawyers seeking to have phone evidence tossed in murder case

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FILE - In this Tuesday, July 22, 2014, file photo, former NFL football player Aaron Hernandez watches during a hearing in Bristol County Superior Court, in Fall River, Mass. A judge is hearing arguments, Tuesday, Sept. 30, 2014, on a bid by Hernandez's lawyers to have additional evidence in a murder case against him thrown out. (AP Photo/CJ Gunther, Pool, File)


FALL RIVER, Massachusetts — A prosecutor in a murder case against ex-New England Patriot Aaron Hernandez say his lawyers agreed to turn over a cellphone the defense now claims was illegally seized.

A judge heard testimony Tuesday in Fall River Superior Court in the defense's bid to have evidence from the phone thrown out.

Assistant District Attorney Patrick Bomberg testified that Hernandez's lawyers told him in an initial meeting they would turn over the ex-player's phone if police obtained a warrant. He said the lawyers later gave it to a Massachusetts state trooper without objection after reviewing the warrant.

The defense maintains the phone was turned over under a "false claim of legal authority."

Hernandez has pleaded not guilty in the 2013 shooting death of Odin Lloyd, a semi-professional football player from Boston.

The hearing continues Wednesday.

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