January 27 at the Marchuk v. Faruqi sexual harassment trial: Judge Alvin Hellerstein has denied Alexandra Marchuk’s request for an adverse inference instruction based on Faruqi’s destruction of the alleged blood-stained carpet in Juan Monteverde’s office. Judge Hellerstein noted that Ms. Marchuk admitted in her trial testimony that she asked Mr. Monteverde to hide the stains. (The law firm denies that the stains were blood at all.) According to Judge Hellerstein,
“A party who participates in the destruction of evidence cannot later complain that the very evidence she helped destroy is not available for her to use at trial.”
Words to live by. Judge Hellerstein’s Order was actually issued on Monday. I haven’t yet been able to get any information about Tuesday’s proceedings, but I will update this post if and when I find anything out. I believe the trial may have adjourned until next week because the judge had a prior commitment.