sugar magnolia wrote: ↑Fri Jan 19, 2024 7:55 pm
Did she delete the death threats before or after she actually filed whichever suit they are related to?
I didn't find her testimony clear on that point.
She did say that after she consulted legal counsel, she stopped deleting them.
I can understand her desire to put the offensive emails out of her life and out of mind. To me, it is a perfectly natural thing to do. Then, when she began (at least) discussing the possibility of a lawsuit, she realized that, as disgusting as the emails were, it was important that she keep them.
Someone, somewhere, referred to Ms. Carroll "destroying evidence". It might have been the mango mussilini himself. Anyway, again, this is not a criminal trial. I don't believe that destroying evidence is quite the same crime that it would be in a criminal proceeding. And the "evidence" that she allegedly destroyed was evidence in support of her contention that he had raped and defamed her. Destruction of such evidence only helps tfg's case. Fortunately, she had plenty of other threats.
Question for the IAAL's here: I know that, in a criminal trial, the prosecutor is obligated to preserve and even deliver to the defense any exculpitory evidence that they may have. Is the same true in a civil trial? Is the plaintiff obligated to preserve evidence that may be helpful to the defendant?