Judge E. Susan Garsh denies the defense’s claim that Hernandez’s cell phone was given to Massachusetts State Police under “false claim of legal authority,” and she allows the prosecutors to include the recorded information from the cell phone around the time of the alleged murder of Odin Lloyd. In her decision, Garsh writes:
The turning over of the phone was a voluntary act. It was not the result of force, threat, trickery, duress or coercion.
She also ads that there was no evidence of “any physical control” over Hernandez by the police.