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evidenceevidencephysicalSteven Averyrecovered bone fragments and human remainsAt the Day 22 charge conference, the defense argued that the methods used to recover bone fragments might have destroyed or missed human remains and limited conclusions about where the body was burned. The court denied the requested spoliation instruction, finding no evidence of intentional destruction or bad-faith conduct warranting it.
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recovered bone fragments and human remains

At the Day 22 charge conference, the defense argued that the methods used to recover bone fragments might have destroyed or missed human remains and limited conclusions about where the body was burned. The court denied the requested spoliation instruction, finding no evidence of intentional destruction or bad-faith conduct warranting it.

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The defense sought an instruction permitting, but not requiring, an adverse inference from the methods used to recover human remains; the court denied the proposed instruction.

Trial Record (1)