COMMONWEALTH OF MASSACHUSETTS
BRISTOL,

SUPERIOR COURT DEPARTMENT

SS.

CIUL ACTION NO.:

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AVIELLE HERNANDEZ,by and through her
Guardian, SHAYANNA JENKINS HERNANDEZ,
PLAINTIFF
VS,

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MASSACHUSETTS DEPARTMENT OF
CORRECTIONS,

DEFENDANT
and
COMMISSIONER THOMAS TURCO,

DEFENDANT
and
SECRETARY OF PUBLIC SAFETY

DANIEL

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BENNETT,

DEFENDANT
and
SUPERINTENDANT OF THE
SOUZA-BARAN OWSKI CO RRECTIONAL CENTER
STEVEN SILVA
DEFENDANT

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COMPLAINT

Avielle Hernandez, by and through her Guardian, Shayanna fenkins Hernandez,
(PlaintiffJ alleges, upon knowledge as to itself and otherwise upon information and belief,
as

follows:

L.

This suit is an action for equitable relief pursuant to the Court's general power of

 equity pursuant to M.G.L. c.2L4 5 1.
IURISDICTION AND VENUE

2.

Aaron Hernandez, Shayanna fenkins Hernandez, and Avielle Hernandez maintained

an address of 22 Ronald C. Meyer Drive, North Attleboro, Bristol

County,

Massachusetts.
THE PARTIES
3.

The Plaintiff, Avielìe Hernandez, is a minor and the daughter of the deceased, Aaron
Hernandez.

4.

This action is being brought by Shayanna Jenkins Hernandez, Avielle Hernandez's
mother and her guardian.
Defendant Massachusetts Department of Corrections, 50 Maple Street #3, Milford,
County of Worcester, Massachusetts, the state agency is legally responsible for the
operation of the Souza-Baranowski Correctional Center in Shirley, Massachusetts.

6.

Defendant Thomas Turco is the Commissioner of the Massachusetts Department of

Corrections, 50 Maple Street #3, Milford, County of Worcester, Massachusetts,
Defendant Turco is legalìy responsible for the operation of the Souza-Baranowski
Correcti onal Center in Shirley, Massachusetts.
7.

Defendant Secretary of Public Safety Daniel Bennet's place of business is

at

1

Ashburton Place, Suite 2133, Boston, County of Suffolþ Massachusetts.
B.

Defendant Superintendent of the Souza-Baranowski Correctional Center Steven
Silva's place

of business is at 1 Harvard Road, Shirley, County of

Massachusetts.
FACTS

Middlesex,

 9. Aaron Hernandezwas incarcerated at the Souza-Baranowski

Correctional Center in

Shirley, Massachusetts until his death on April 19,2017. Exhibit

A fAffidavit of

George ]. Leontire attached hereto) fl 4.
10. The Defendant, Massachusetts Department of Corrections, announced

was a suicide. ExhibitA fl

that his death

5.

L1.The Plaintiff intends to investigate all of the circumstances regarding Aaron
Hernandez's death. Exhibit A fl

6.

L2.The presentation of evidence regarding the circumstances of his death is cruciaì to
full, complete and transparent investigation. Exhibit A fl

a

7.

COUNT I
Preliminary Iniunction and Temporary Restraining Order.
L3. Plaintiff repeats and realleges the above paragraphs as though fully set forth herein.
14. Plaintiff is likely to succeed on the merits of her claim.
15.

Without a Preliminary Injunction to preserve all evidence of the circumstances of
Hernandez's death, the Plaintiff

will suffer irreparable harm. All

evidence is

presently outside the Plaintiffs control, and, without injunctive reliel Plaintiff will
be unable to investigate the circumstances of her fathers death.
16. The balance of harms between preserving

all evidence related to the circumstances

of Aaron Hernandez's death and permitting the alteration, discarding or destruction
such evidence favors the preservation of evidence through an injunctive order.
COUNT

II

Permanent Iniunctive Relief
17. Plaintiff repeats and realleges the above paragraphs as though fully set forth herein.
18. In the interest of justice, the Plaintiff requests an order prohibiting the alteration,

 discarding,

or destruction of

evidence related

to the circumstances of Aaron

Hernandez's death. Said order is more fully set forth below, and attached hereto.

WHEREFORE, plaintiff requests:

1) That Defendants, their agents, employees, servants and assigns, and all persons acting in
concert, participation

or

combination

with the

Defendants,

be preliminarily

permanently enjoined from altering, discarding or destroying the following:

All documents, records,logs, video and audio recordings, physical
materials, writings, and other evidence potentiaìly relevant to the death of
Aaron Hernandez.
The request to preserve includes, but is not limited to:

.
.
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video recordings/logs of the cell block,
videos recordings/logs of Hernandez in his cell,
Hernandez's writings
cell check logs,
the sheets,ligature, from/on Hernandez and his cell cell,
medical equipment used to provide emergency medical care to Hernandez,
all contents of his cell,
any and all photos taken ofthe scene,
all prison and hospital infirmary and medical records,
any clothes that Hernandez may have been wearing or which were removed
from his body in the course of providing emergency medical care,
records and recordings of any 911 or other emergency calls related to
Hernandez,
any and all transmissions from the prison, the correctional facility, or
correctional officers related to Hernandez or his medical emergency, as well
as requests for medical assistance via phone, radio, electronic or other media,
any and recorded telephone calls made to or from Hernandez to any
individual for the period of 30 days leading up to his death,
any and all recorded telephone calls made to or from any incarcerated
individual who was housed in Hernandez's cell block for the period of 30
days leading up to his Hernandez's death,
any and all forensics, investigative reports or evidence of every kind,
arry and all prisoners interviews,
any and all interviews with any correctional facility employee.

and

 2) That judgment be entered for Plaintiff;

3) That the Court award such other and further relief as the Court deems just and equitable.

ubmitted
on behalf of AVIELLE HERNANDEZ,
by and through her Guardian,
Re s p ectfully

S

SHAYANNA JENIfl NS HERNAN
By her attorney,

-Géorge f. Leontire, Esq.
BB0 No.294270
Leontire & Associates, P.C.
32 William Street
New Bedford, MA 02740
(so8J-e93-0333

DE Z,

 EXHIBIT A

COMMONWEALTH OF MASSACHUSETTS
BRISTOL,

SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.:

SS.

AVIELLE HERNANDEZ,by and through her
Guardian, SHAYANNA JENKINS HERNANDEZ,
PLAINTIFF
VS.

MASSACHUSETTS DEPARTMENT
CORRECTIONS,

O

F

DEFENDANT

and
COMMISSIONER THOMAS TURCO,
DEFENDANT
and
SECRETARY OF PUBLIC SAFETY

DANIELBENNETT,
DEFENDANT

and
SUPERINTENDANT OF THE
SOUZA-BARANOWSKI CORRECTIONAL CENTER
STEVEN SILVA
DEFENDANT

AFFIDAVIT OF ATTORNEY GEORGE J. LEONTIRE
I, George J. Leontire, Jr., do hereby depose and state that the following is true to the best
of my knowledge, understanding, and belief:
1

.

I am an attomey representing Avielle Hemarìdez in the above captioned proceeding. Until

his death on the moming of
and

April 19,2017,I

reprcsented Avielle's father, Aaron Hemandez, in criminal

civil matten inthe Commonwealth ofMassachusetts.

 2

.

This Afüdavit is filed in support of Avielle Hemandez's Complaint and Motion

for

a

Temporary Restraining Order and Preliminary Injunctive Relief.

3.

Avielle Hemandez is a minor and this action is brought by and through her mother

and guardian, Shayanna Jenkins Hemandez.
4

. Aaron

Hernandez was incarcerated at the Souza-Baranowski Correction Center in

Shirley, Massachusetts until his death on the moming

5.

Defendant Massachusetts Department

ofApril 19,2017.

of

Corrections has declared that Aaron

Hernandez's death was a suicide.

6.

Avielle Hernandez intends to investigate all circumstances surrounding the death of

her father, Aaron Hemandez.
1

.

The preservation of evidence regarding the circumstances of Aaron Hemandez's

death is crucial to a
B

.

full, complete, and transparent investigation.

The plaintiff has brought her Complaint and Motions for a Temporary Restraining

Order and Preliminary Injunctive Relief in good faith and in the interest ofjustice.

SWORN TO UNDER THE PAINS AND PENALTIES OF PERruRY THIS 19th DAY
OF APRIL 2017.