In what circumstances will a defendant be found guilty of destroying evidence?

Defendant's claim that the evidence was destroyed in bad faith ignores the facts in the record. Because the loss of evidence was not "willful," the incident had little relevance to the case and no instruction was required. The authority cited by defendant upheld the giving of a conditional instruction, allowing the jury to draw certain inferences if it found the destruction was willful. (People v. Sassounian (1986) 182 Cal.App.3d 361, 394-396.) But in this case, there was no substantial basis in the evidence for the jury to draw such a conclusion. In any event, the same authority confirms the trial court's broad discretion in such matters (ibid.) and we find no abuse in this case.

III. Vouching