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Push goes on for access to cellphone
In Hernandez case, prosecutors appeal to judge
By Astead W. Herndon
Globe Staff

Prosecutors Wednesday urged a Suffolk Superior Court judge to compel the law firm that formerly represented convicted murderer Aaron Hernandez to turn over his cellphone to his current defense team, the latest development in a protracted dispute.

Suffolk prosecutors have sought access to the phone for months, saying it likely contains information relevant to Hernandez’s upcoming double-murder trial. Earlier this month, Judge Jeffrey Locke denied the government’s request for the phone, but said prosecutors might eventually be able to obtain the device.

Hoping to speed up that process, prosecutors filed a motion seeking to have the phone transferred to Hernandez’s current legal team at Rankin & Sultan, saying they could preserve its contents “within a matter of days (if not hours).’’

“Simply put, counsel does not need prolonged, indefinite, or unilateral access to the cellphone itself to provide legal advice,’’ prosecutors wrote.

Prosecutors also asked Locke to approve a search warrant so that law enforcement officials can seize the cellphone if it is not turned over quickly.

The phone is currently in the possession of Boston law firm Ropes & Gray, which defended Hernandez against murder charges in the 2013 death of Odin Lloyd, 27, of Dorchester.

Hernandez was convicted of first-degree murder in April 2015 and is serving a life sentence.

Hernandez, 26, has pleaded not guilty to two counts of murder and weapons charges in the July 2012 fatal drive-by shootings of Daniel de Abreu, 28, and Safiro Furtado, 29, in Boston’s South End.

He has also pleaded not guilty to a witness intimidation charge for allegedly shooting an associate, Alexander Bradley, in February 2013 because he feared Bradley would implicate him in the murders, according to court records.

Earlier this month, Locke wrote that there is probable cause to suggest the phone contains information relevant to the witness intimidation charge.

Suffolk County Assistant District Attorney Teresa Anderson said the state simply wants to obtain the phone in its “current condition.’’

Charles Rankin, Hernandez’s current lawyer, said the cellphone cannot be transferred because it is protected by attorney-client privilege.

“It would be a violation of our client’s constitutional rights and a violation of our constitutional rights,’’ Rankin said.

Locke said he would review the arguments and issue a ruling at a later date. That decision is likely to be appealed to the state’s Supreme Judicial Court, lawyers on both sides said.

Astead W. Herndon can be reached at astead.herndon@globe.com. Follow him on Twitter @AsteadWH