this post was submitted on 31 Oct 2023
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I sure want the prosecution to win in this trial, but I agree with the defence’s request here. This reeks like the US Secret Service losing a ton of text messages surrounding the January 6th coup attempt because there was another convenient “device upgrade” that caused messages to be irrecoverably lost.
The courts should be coming in hard telling law enforcement agencies that you don’t get to destroy data you’re supposed to be archiving because “shrug there was a system upgrade”.
This is a serious oversight and compliance problem on the part of police that isn’t specifically related to this case, but is something that needs to be broadly understood and respected.
It has the same stink as police turning off their body cams right before beating some unarmed “assailant” to death.
This is how we suddenly GET cops using personal phones for comms because they're simply unwilling to commit anything to texts from or to the work phone that may one day implicate them out of context.
And it's easy to decide context will never matter, but "that's James Connolly on the corner" "let's get him" is an easy thing to twist from an arrest to a hastily planned bullying.
But your example includes the context. If James was arrested without incident, "get him" is obviously nothing nefarious.