When Evidence Disappears
The Power of the Willits Instruction in Arizona Criminal Defense
In criminal defense, evidence is everything. Whether it’s physical evidence like fingerprints or DNA, or digital data like surveillance footage or cell tower records, these pieces are often the difference between conviction and acquittal. But what happens when critical evidence goes missing? What recourse does the accused have when evidence that could prove their innocence is destroyed, lost, or never even collected? In Arizona, defendants have a unique tool to address this problem: the Willits instruction.
The Willits instruction, originating from the landmark Arizona Supreme Court case State v. Willits in 1964, allows juries to infer that missing or destroyed evidence would have been favorable to the defense. This safeguard ensures that defendants are not unfairly prejudiced when law enforcement fails in their duty to preserve critical evidence. As a criminal defense attorney practicing in Tucson, Arizona, Amanda Bynum of AJB Law Firm regularly utilizes this instruction to protect the rights of clients facing felonies and misdemeanors in Pima County.
Why Evidence Preservation Matters
The criminal justice system is based on the principle that the state must prove a defendant’s guilt beyond a reasonable doubt. To meet this burden, the prosecution must present credible evidence to support their claims. At the same time, the defense needs access to all relevant evidence to challenge the state’s case and present an effective defense.
Evidence preservation ensures fairness. When evidence is lost or destroyed—intentionally or through negligence—it disrupts this balance and jeopardizes the integrity of the judicial process. Missing evidence not only affects the ability of the defense to counter the prosecution’s claims but also undermines the reliability of the state’s investigation.
For example, consider a case where surveillance footage from a crime scene is erased before it can be reviewed by the defense. If that footage could have shown the defendant was not present at the time of the crime, its absence creates a significant disadvantage. Similarly, if police destroy physical evidence like a blood sample that could be tested for DNA, the defendant loses a crucial opportunity to demonstrate their innocence. In such situations, the Willits instruction becomes a powerful remedy.
What Is the Willits Instruction?
The Willits instruction arises from the Arizona Supreme Court’s decision in State v. Willits. In that case, law enforcement destroyed evidence before it could be independently tested, which the defendant argued violated his right to a fair trial. The court agreed, ruling that when the state fails to preserve material evidence that could be favorable to the defense, the jury should be instructed that they may infer the missing evidence would have been beneficial to the defendant.
This principle has since become a cornerstone of Arizona criminal law. It holds the government accountable for its duty to preserve evidence and ensures that defendants are not unfairly prejudiced by the loss of potentially exculpatory material. The instruction tells jurors they can consider the missing evidence as something that would have helped the defense, creating an opportunity to introduce reasonable doubt into the case.
When Can a Defendant Request a Willits Instruction?
To qualify for a Willits instruction, the defense must meet specific criteria.
First, it must be shown that the state failed to preserve evidence that was reasonably accessible. This means the evidence was within the government’s control and could have been preserved through reasonable efforts.
Second, the missing evidence must have had potential exculpatory value. This doesn’t require proving definitively that the evidence would exonerate the defendant, but there must be a reasonable possibility that it would have helped the defense.
Finally, the defendant must demonstrate that the loss or destruction of the evidence caused prejudice to their case, meaning it hindered their ability to mount a full and fair defense.
For example, in a DUI case, police may fail to preserve body-worn camera footage from the arrest. If that footage could have shown that the defendant did not exhibit signs of impairment, the defense could argue that the lost footage is prejudicial and request a Willits instruction.
How the Willits Instruction Protects Defendants
The Willits instruction is a critical safeguard against the state’s failure to preserve evidence. It levels the playing field by addressing the imbalance created when evidence disappears. This instruction serves several important purposes in a criminal trial:
First, it helps create reasonable doubt. Jurors are instructed that they can infer the missing evidence would have been favorable to the defense, which directly challenges the prosecution’s narrative. By highlighting the absence of key evidence, the defense can argue that the state has not met its burden of proving guilt beyond a reasonable doubt.
Second, it underscores investigative failures. When law enforcement loses or destroys evidence, it raises questions about the thoroughness and reliability of their investigation. The Willits instruction allows the defense to point out these shortcomings, potentially undermining the credibility of the prosecution’s case.
Finally, it promotes fairness and accountability. By holding the state responsible for preserving evidence, the Willits instruction ensures that defendants are not unfairly penalized for the government’s mistakes or negligence. This principle reinforces the integrity of the criminal justice system and protects the rights of the accused.
Real-World Applications of the Willits Instruction
Consider a case handled by Amanda Bynum at AJB Law Firm in Tucson, Arizona. The client was charged with a felony involving allegations that required precise timing and location data. Critical cell tower records that could have corroborated the client’s alibi were not requested by law enforcement and had been deleted by the time the defense even knew of the charges. In this situation, asking for a Willits instruction would be appropriate to emphasize the state’s failure to preserve evidence that could have exonerated her client.
Another example involves missing surveillance footage from a convenience store where an alleged theft occurred. The footage was overwritten before the defense could review it, despite the defendant’s claim that it would show they were not present during the incident. Strategic use of the Willits instruction can highlight the gaps in the prosecution’s investigation and help secure a favorable outcome.
The Challenges of Securing a Willits Instruction
While the Willits instruction is a powerful tool, courts do not grant it automatically. Defendants must provide compelling evidence to justify the instruction. Speculative claims about the potential value of missing evidence are not enough. The defense must show that the evidence was both material and reasonably accessible and that its absence prejudiced the case.
For instance, if the state loses evidence that was tangential or irrelevant to the charges, the court is unlikely to grant a Willits instruction. Similarly, if the evidence was destroyed accidentally and without bad faith, the defense may face an uphill battle in demonstrating prejudice. This underscores the importance of having an experienced criminal defense attorney like Amanda Bynum, who understands the nuances of Arizona law and knows how to build a strong case for a Willits instruction.
What Should You Do if Evidence Is Missing in Your Case?
If you believe evidence in your case has been lost or destroyed, acting quickly is critical. Notify your attorney immediately and provide any information you have about the missing evidence. Time is of the essence, especially for digital records or video footage, which may be overwritten or deleted after a short period. Your attorney can investigate the circumstances surrounding the loss of evidence and determine whether requesting a Willits instruction is appropriate.
At AJB Law Firm, Amanda Bynum has extensive experience handling cases involving missing or destroyed evidence. Whether you’re facing a felony or misdemeanor in Pima County, Amanda’s expertise in criminal defense can help you navigate the complexities of your case and protect your rights.
Holding the State Accountable
The Willits instruction is a vital safeguard in Arizona’s criminal justice system. It ensures that defendants are not unfairly disadvantaged by the loss or destruction of evidence and reinforces the principle that the burden of proof lies with the prosecution. If you or someone you know is facing criminal charges and believe evidence in your case has been mishandled, it’s essential to have a skilled and knowledgeable attorney on your side.
Amanda Bynum and AJB Law Firm are here to help. With a proven track record of defending clients in Tucson and across Pima County, Amanda handles both felonies and misdemeanors with dedication and professionalism. Contact AJB Law Firm today to schedule a consultation and learn how we can fight for your rights and hold the state accountable.
