Title: "Trombetta Motions" & Spoliation Of Evidence In California Criminal Cases
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Content: If a judge finds that the missing evidence was not favorable, then he can still grant the motion if he determines that the government acted in bad faith. “ Bad faith ” means that the government intentionally destroyed or mishandled evidence. Note that the negligent handling of evidence will not rise to the level of bad faith. This rule also applies to the situation where evidence was lost or mishandled by the government’s accident. So, for example, consider a person that was arrested for the rape of his ex-girlfriend. Following the incident, a semen sample was taken from the woman. But the sample, through an accident at the lab, was not preserved correctly. As a result, the sample could not get tested. This scenario would not be considered “bad faith.” This is because the government did not intentionally damage the semen sample.