Defense attorneys raised doubts about a search executed last year at former New England Patriots player Aaron Hernandez’s house in North Attleborough during a hearing Wednesday in Bristol Superior Court in Fall River.
Judge E. Susan Garsh held a hearing focusing on two issues: whether an affidavit outlining the probable cause for the search had been attached to the search warrant for the house when a court clerk approved the warrant and whether the affidavit was attached when the warrant was executed.
State Trooper Michael Cherven, one of the investigators on the case, was the only person to testify about the warrant, which was executed on June 18, 2013. He said that he met the clerk at the North Attleborough police station and provided the clerk with the affidavit, a search warrant application, and a draft of a search warrant. The clerk read all three, Cherven testified, before signing the warrant.
Cherven said he also took two copies of the warrant and a copy of the affidavit to Hernandez’s house when the search was executed.
He said one copy of the warrant was given to Hernandez, who appeared to read it.
“He appeared to be reading it, yes,” Cherven said.
The other copy was kept in a folder with the affidavit, said Cherven. The trooper said he kept that copy and the affidavit with him and added that at one point he returned it to his car.
After Cherven testified, defense attorney Charles Rankin raised the possibility that he would bring testimony from the clerk. Garsh recessed the hearing, saying she would give the defense time to speak to the clerk and both sides a chance to further argue the motion to suppress.
Garsh said that once the hearing is over, she would take the issue under advisement.