Hernandez defense: Media footage contradicts troopers testimony

FALL RIVER, Mass. (MyFoxBoston.com) -- Former Patriot Aaron Hernandez's defense submitted additional evidence in his trial Monday after hearings earlier this month.

The additional video and photographic evidence submitted is relevant to whether the officers who searched Hernandez's home on June 18, 2013 had a copy of the search warrant and affidavit. According to the court filing, the defense is looking specifically at Trooper Cherven, as he was supposed to have the manila folder containing the documents in his possession on the day of the search.

The filing goes on to say, a photograph from the Attleboro Sun Chronicle website shows four officers approach Hernandez's front door on the day of the search. Cherven appears in the photo in a State Police jacket with both hands visible, "and he has no manila file folder or anything else in his hands."

The filling also mentions a CBS News broadcast that shows four officers going to the front door of the former Patriot's home and speaking to a woman. One officer is holding a piece of paper, which may have been the search warrant, that he hands to the woman who answered the door. Both the photo and video contradict Cherven's testimony that he was holding a manilla folder with the original warrant, copy of the warrant, and affidavit, the filing read. During his testimony, Cherven also said that he was the person who served the warrant.

Hernandez's defense submitted a motion for issuance of summonses to local media outlets for their raw footage of the scene at the former Patriot's home on June 18, 2013.

"That footage will likely show in an uninterrupted fashion the outset of the police search of the house on that date. Once the parties have been able to review the additional footage, they will be in a position to advise the Court whether a further hearing or argument is necessary," the document read.

Cox Media Group