Title: "Trombetta Motions" & Spoliation Of Evidence In California Criminal Cases
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Content: The first step in a judge analyzing a T-motion is for him to ask how exculpatory or favorable the missing evidence was to the defendant. A judge will likely grant a motion if he finds that the evidence that was destroyed or tampered with was advantageous to the accused. Please note that “ exculpatory ” evidence is evidence that clearly shows a party’s innocence. If this evidence gets destroyed, a judge will typically grant the motion without an exception. “ Favorable ” evidence means items that help the accused support his defense. If this evidence gets lost or mishandled, judges are likely to grant a Trombetta motion. In any event, the exculpatory or favorable evidence at issue must: have held this value before the evidence was lost or destroyed, and
be of such a type that an accused would not be able to get similar evidence by any other efforts. 2.2. Did the government act in bad faith?