Judge issues order to preserve evidence in Hernandez's suicide

NEW BEDFORD, Mass. — Despite the fact there's no dispute about preserving the evidence in the Aaron Hernandez death investigation, a judge issued a written order that it should be on Friday.

"There's really no dispute - the dispute, if any, will come what constitutes a thorough and proper investigation. And what evidence, in particular, should be persevered. And that's where they may be some disagreement," said Judge Thomas F. McGuire Jr.

McGuire specified what items he thinks are appropriate to be preserved, based on the plaintiff's list. He said he'd tweak a few on the list for specificity.

A lawyer for Hernandez's fiancee Shayanna Jenkins filed the suit in Bristol County Thursday. 

Mary Murray, the defending attorney on behalf of the Department of Corrections, had argued in court that the Department of Corrections investigation is ongoing, including an internal investigation.  She argued that the order wasn't necessary.

"Public officials will act in order of their legal duties," she said. "There is no need to issue the order."

"When the inmate dies in the custody of the state, the family has a right to know what happened...and the public has a legitimate interest in knowing what happened," said Maguire.

Before the judge issued the decision, Jenkins's said that the family is extremely frustrated they are not being informed about the investigation before details are being released to the media or leaked, including that fact there was a suicide note.

"After this man's death - not a phone call, not an email, not a message to anyone about this man's death," said attorney George Leontire.

The judge said he wasn't intervening in the investigation and didn't make a comment about the leaks. Murray didn't comment on the leaks and noted it has only been two days since Hernandez's death in Souza-Baranowski prison.

Leontire also requested to have access to Hernandez's cell, but McGuire didn't issue a motion at this time, saying he can, but hopes they can work it out among themselves.

FOX 25 NEWS AARON HERNANDEZ COVERAGE...
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