This is from jonnu's thread.The scenario is much complex than I initially explained. I made it brief earlier to directly come to the point.
I have an 19+ year old daughter lives in my house and she uses that laptop. I gave the laptop to her as a gift several months prior to the lawsuit was filed (and after the alleged defamatory messages were posted). She use the laptop for her work. I informed the plaintiff of the current owner (i.e, my daughter) of the laptop after they filed the lawsuit on me. However, neither Plaintiff nor the court contacted my daughter till date. Therefore, she was using the laptop and she did not take any extra steps to stop erasing files, etc, until the forensic image was taken. However, she voluntarily submitted the laptop for forensic imaging, based on my request to do so. She also submitted an affidavit confirming that I never used the laptop once I gave it to her as a gift.
None of us sent any defamatory messages. What are the merits in the spoliation of evidence charge that Plaintiff is claiming? If the court determines any spoliation of evidence then who (I or my daughter) should face them?
The volunteers here have donated too much time to this problem, especially Quincy, for this person to continue to yank our chains. Enough is enough.