What is Evidence of Spoilage?
Spoilage of Evidence, often referred to as “spoliation,” is a significant legal issue in both civil and criminal cases. It includes destroying, altering or failing to preserve evidence relevant to current or future trials. This can include anything from documents to electronic data or even physical evidence.
Spoliation in Civil Cases
In civil cases, spoliation often applies after the parties are aware of the duty to preserve evidence. For example, if someone is injured in a store and the incident is captured on surveillance, the footage becomes crucial evidence. If the store employee deletes this footage knowing it’s being sued for a lawsuit, that’s plagiarism.
In such cases, an attorney may issue a forfeiture letter to the opposing party requesting that the relevant evidence be preserved. But what if the evidence is still destroyed or altered?
- Responsibility to Preserve Evidence: In civil cases, spoliation is relevant once parties are aware they must preserve evidence.
- Example Scenario: If a person is injured in a store and the incident is recorded, the surveillance footage is crucial evidence. If an employee deletes this footage, especially after being informed of a potential lawsuit, this constitutes spoliation.
- Preservation Requests: Attorneys may issue a preservation or spoliation letter to ensure relevant evidence is safeguarded.
- If Evidence is Destroyed or Altered: Despite preservation requests, if the evidence is still destroyed or altered, this can lead to legal consequences and may affect the outcome of the case, including potential spoliation claims against those responsible for the destruction or alteration.
Your rights regarding civil forfeiture
In California, if a third party (not involved in the case) negligently destroys evidence, you can bring a tort action against them. However, the law is subtle:
- Tort Lawsuit Against Third Parties: In California, you can sue a third party (not involved in the case) for negligently destroying evidence.
- Restrictions on Suing Involved Parties: You generally cannot sue if a party involved in the lawsuit intentionally or negligently destroys evidence.
- No Action for Third Party’s Intentional Spoliation: You cannot take legal action if a third party deliberately destroys evidence.
- Alternative Remedies Preferred: California courts opt for alternatives like jury instructions or discovery sanctions instead of lawsuits for litigation-related misconduct.
Plunder in criminal cases
Preservation of evidence is very important in criminal cases. If police or prosecutors destroy or mishandle evidence favorable to the defendant, the defendant can file a trombetta motion (T-motion). The motion argues for dismissal or reduced charges due to lack of relevant evidence.
A judge’s decision on a T-motion depends on the value of the evidence in the defendant’s case and whether the government acted in bad faith.
Filing a Trombetta Motion (T-Motion) in a criminal case involves the following steps:
- Identify the Destroyed or Mishandled Evidence: The defendant must identify specific evidence that the police or prosecutors have destroyed or mishandled.
- Determine the Evidence’s Favorability: The evidence in question should be potentially favorable to the defendant’s case.
- Legal Representation: It’s advisable for the defendant to work with a lawyer experienced in criminal defense to draft and file the motion.
- Draft the T-Motion: The motion should clearly state the nature of the destroyed or mishandled evidence, its potential impact on the defendant’s case, and argue that its loss prejudices the defendant’s right to a fair trial.
- File the Motion: The completed motion is filed with the court where the criminal case is being heard.
- Court Hearing: A hearing is usually scheduled, during which the defendant’s attorney can present arguments and any supporting evidence about the spoliation.
- Prosecution’s Response: The prosecution may respond to the motion, typically arguing why the evidence was not crucial or disputing the allegation of bad faith.
- Judge’s Decision: The judge will consider the motion, taking into account the significance of the evidence and whether there was bad faith in its destruction or mishandling. The judge will then decide whether to grant or deny the motion, potentially leading to dismissal or reduction of charges if the motion is successful.
Is Spoliation a Crime in California?
In California, spoliation of evidence is not just a matter of ethical or legal concern in litigation; it can also constitute a criminal offense. The state’s Penal Code 135 PC explicitly addresses this issue. Here’s an overview of how this law frames spoliation as a crime and outlines the penalties for such actions.
Understanding Penal Code 135 PC
- Definition of the Crime:
- Willful Destruction or Concealment: The statute makes it a crime to intentionally destroy or conceal evidence.
- Awareness of Relevance: The person must act with the knowledge that the evidence is pertinent to a trial, police investigation, inquiry, or any other legal proceeding.
- Examples of Criminal Spoliation:
- Electronic Evidence: Deleting incriminating electronically stored information (ESI) from a computer’s hard drive, especially during a criminal fraud trial.
- Physical Evidence: A defendant in a civil case destroying pictures or any physical items that could support the plaintiff’s case.
Legal Penalties for Spoliation
If found guilty of violating Penal Code 135, the consequences are significant:
- Jail Time: Individuals can face custody in county jail for a duration of up to six months.
- Monetary Fines: There is also a provision for a maximum fine of $1,000.
Implications for Legal Proceedings
The criminalization of spoliation under Penal Code 135 PC underscores the importance California places on the integrity and preservation of evidence in legal proceedings. It acts as a deterrent against tampering with evidence, ensuring fairness and justice in both civil and criminal cases.
