The ruling appeared to end a surreal standoff that arose a day after the death of Hernandez, the former New England Patriots tight end who was serving a life sentence for a 2013 murder.
Baez says Hernandez's family wants his brain tested for CTE at Boston University.
"The family of Aaron Hernandez has chose to donate Aaron's brain to the study so we can possibly help other young men who play football. further the cause, and possibly shed light and provide more evidence on this case", Baez said.
But the brain is being held "illegally" by the Massachusetts Office of the Chief Medical Examiner, Hernandez family attorney Jose Baez said on Thursday. The Worcester County District Attorney's Office said now that the death investigation had concluded, the brain would be released to Boston University's CTE Center.
As reported, the disgraced 27-year-old was found dead in his prison cell on Wednesday after an apparent suicide.
Corrections department spokesman Christopher Fallon said no suicide note was found during an initial search of Hernandez's cell.
Just last week Hernandez was acquitted of double murder in the deaths of Daniel de Abreu and Safiro Furtado in July 2012, which prosecutors said were fueled by his anger over a drink spilled at a nightclub.
Aaron Hernandez's top lawyer says he has retained prominent medical examiner Dr. Michael Baden to conduct an independent autopsy. If Hernandez did in fact smoke prior to his death, it wouldn't be the first time K2 was implicated in a suicide.
Hernandez was discovered at around 3 a.m. and was immediately brought to UMass Memorial Hospital, where he was declared dead an hour later. If Hernandez is found to have had the disease, the diagnosis could be used to help apply for money from a class-action settlement between the National Football League and former retired players, or in other legal proceedings.
"It's our position that they are holding Aaron Hernandez's brain illegally", Baez said.
He was in a single inmate cell and left no suicide note. It was just last Friday that Hernandez was found not guilty of the murder during a drive-by shooting back in 2012 that took two lives.
The cell was processed by State Police Detectives and Crime Scene Service Troopers.
White also said while the trial may have related to his death, it likely wasn't the only cause.
Hernandez was given a life sentence without parole.
The 5,800-square-foot, five-bedroom, seven-bathroom house he bought near Gillette Stadium for $1.3 million in 2012 is still up for sale.
The Patriots could be contractually obligated to pay Hernandez's estate $3.5 million as part of a salary bonus that was never given to him because of his murder arrest in 2013.