In legal proceedings, individuals have a duty to preserve evidence when litigation is pending or reasonably anticipated, and deleting relevant communications can constitute spoliation of evidence, which may carry legal consequences including adverse inferences or sanctions.
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Lawyer Asks Scott Erickson About Deleted Texts w/ Rebecca Grossman追加:
I put my broken heart with a band-aid in that little box. So, I want you to keep it next to your bedside. You okay?
Where's your response?
>> I don't know.
>> You deleted it, didn't you?
>> I don't know.
So, is it common when you're in love with someone for many years and they text you and talk about putting their heart in a box that that you don't respond?
Is that is that common?
>> No.
>> Oh, okay. That happens often to you then, huh?
>> Argumentative >> overall.
What happens often? that women send you love messages and you just don't respond.
>> No, that does not happen.
>> So, you would have responded, we just don't have it, right?
>> Correct.
>> And then she writes here 11:25, 12:58 a.m. That's in almost 1:00 in the morning, right?
>> Yes.
>> She says, "Good. I miss you." What message is she responding to?
>> I don't know. You deleted that message, didn't you?
>> I don't recall.
>> Well, could you explain how it's not there?
>> I don't.
>> If you didn't delete it, can you give us an explanation how those messages are gone if you didn't go in and delete them? Did someone else have access to your phone? Mr. Thurman, that you live in this house in Malibu. Was he going through your text messages?
>> Speculation.
>> Was anyone else >> have access to your phone to delete messages?
>> No. Just you?
>> Yes.
>> Any message deleted >> would be by you, right?
>> Correct.
>> Okay. And do you understand that text messages are evidence in this case?
>> Yes.
>> And you understand you have an obligation to preserve evidence for a case?
>> Objection argument foundation.
>> Oh, >> I was not aware at the time. So, you're not aware that you're to preserve evidence when you were deleting messages with Rebecca Gman. Correct.
>> Correct.
>> You just thought it was okay to do that?
>> Same objection.
>> Overruled.
>> Is that right?
>> Yes.
>> And you you're unaware of the consequences under the law of doing that. Correct.
>> Conclusion.
>> Overruled. No, I was not.
>> You know, you don't think there's any consequences, right?
>> No, I didn't know that. I >> If you knew that you're not supposed to do it, you wouldn't have deleted them, would you?
>> Correct. objection. Legal conclusion
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