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What ever happened to personal responsibility and accountability? Never mind.
“the Supreme Court said that a criminal defendant has not suffered a denial of due process as a result of the government’s failure to preserve potentially exculpatory evidence unless the defendant can show bad faith on the part of the police.”
“Judge Duffin recommended this court deny the motion to suppress because there was no evidence that the government had acted in bad faith and because the exculpatory nature of the evidence was not apparent before its destruction.”
Because the cops didn’t save the drugs, the defendants say there’s no way to show that the drugs were the ones they prescribed. That’s in addition to the fact that the deceased was a known alcoholic and was reported to be heavily intoxicated the night before.
I’m more concerned with this part: “...because the exculpatory nature of the evidence was not apparent before its destruction.” Does this mean the cops decide what evidence is important? Lots of room for abuse there.
As far as guilt goes, if the docs were prescribing BOTH oxy and morphine to this guy, short of an imminent death from cancer, they’re probably guilty.