Andrea Sahouri, IA reporter, judge is granting a defense request to include a spoliation instruct

[SharonClark]

"The judge is granting a defense request to include a spoliation instruction, telling the jury that, if they find police and prosecutors intentionally destroyed or failed to preserve body camera video of the arrests, they are allowed to infer the evidence not preserved would have been favorable to the defense.

"When I look at the totality of the evidence, I believe there is substantial evidence that a jury could infer that there was intentional spoliation of evidence," Judge Lawrence McLellan said."

https://www.desmoinesregister.com/story/news/2021/03/10/des-moines-register-reporter-andrea-sahouri-trial-verdict-george-floyd-black-lives-matter-protest/6933685002/

[lagomorph777]

1. "spoliation" - gonna add that to my vocabulary.

I hope the jury takes this to heart.

[Mike 03]

2. Never heard that term before today.

I agree, it's an interesting instruction.

[Mike 03]

3. Interesting article on Spoliation motions: Spoliation is a Discovery issue...

Spoliation Sanctions Are a Discovery Issue, Not a Last-Minute Trial Tactic

Act, don’t wait, or the court can refuse to consider an untimely spoliation motion.

https://www.americanbar.org/groups/litigation/committees/pretrial-practice-discovery/practice/2019/spoliation-sanctions-are-a-discovery-issue-not-a-last-minute-trial-tactic/