Can evidence be destroyed before case is over?

What is the name of your state? Washington

My husband is being tried in Federal Court, and due to various discrepencies concerning the quantity/and how pure, we have exercised our right to request re-testing and re-weighing. Upon our request, we were told we were unable to do this because the evidence was destoyed. Can they do this? Do we have any course of action available?

They CAN do it, but it might certainly place the evidence in to question. It might be good for reasonable doubt. However, if the previous tests have been stipulated to (i.e. you have acknowledged that it is a controlled substance), then it may be of little use.

What does your attorney say?

- Carl

Washington

Our lawyer is court appointed and isn't acting like it's an issue though she did say that after talking with some collegues, they all said that wasn't right.

Then they might be able to challenge the evidence ... how much weight that might have with a jury is questionable, however.

Unless there was a challenge made on the initial test or procedures - or some reason to show that the tests were fraudulent or in error, I doubt that this would result in a mistrial or dismissal of the charges. But, if allowed to be brought up, it might certainly be used to throw question on the evidence.

Your attorney should know how best to handle the situation. And, if it can be used to his advantage. Though the purity and the weight may be moot points if it has already been established that it WAS a controlled substance. And if there were photos, then weight or volume can be estimated.

- Carl