Prosecutors push for cellphone evidence at Hernandez trial

Former New England Patriots NFL football player Aaron Hernandez, center, sits with his defense team during a court appearance at Suffolk Superior Court in Boston, Wednesday, Dec. 7, 2016. Hernandez, who is serving a life sentence for the 2013 killing of Odin Lloyd, appeared with his lawyers in a status conference before for his upcoming trial, where he is charged in the 2012 slayings of two men outside a Boston nightclub. (AP Photo/Charles Krupa)
Charles Krupa/AP

BOSTON (AP) Massachusetts prosecutors have asked a judge to reject a request from former New England Patriots star Aaron Hernandez to bar them from using the contents of his cellphone as evidence in his upcoming double murder trial.

Lawyers for Hernandez argue that authorities learned about the phone through confidential communications between Hernandez and his sports agent, Brian Murphy, who is also an attorney.

But in a written response released Friday, prosecutors said Hernandez has not established that he has a protected attorney-client relationship with Murphy.

Prosecutors say Hernandez is scheduled to go on trial in February in the 2012 shooting deaths of two men he encountered at a Boston nightclub. He's already serving a life sentence in the 2013 killing of semi-professional football player Odin Lloyd.

Hernandez has pleaded not guilty.