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State v. Hartsfield6/16/2004
then knowingly allowed the recording to be destroyed. Under these circumstances, a fact finder could conclude the State's actions were an admission the recording was unfavorable to its case. Therefore, we conclude there was substantial evidence to support a finding that the evidence was intentionally destroyed. Having concluded there is substantial evidence to support a spoliation inference, we think the trial court erred in failing to give the requested spoliation instruction.
VII. Prejudice
Instructional error is not reversible error unless there is prejudice. See Piper, 663 N.W.2d at 914. Prejudice exists when the rights of the defendant "have been injuriously affected" or the defendant "has suffered a miscarriage of justice." State v. Williams, 574 N.W.2d 293, 298 (Iowa 1998); accord State v. Hackney, 397 N.W.2d 723, 729 (Iowa 1986). We think the error here did result in prejudice because Hartsfield's right to present his defense was injuriously affected by the trial court's refusal to give the spoliation instruction.
The adverse inference sought by the defendant went to a key piece of evidence that would have provided a reliable record of what happened on February 26. Thus, the spoliation instruction was central to Hartsfield's theory of defense. Cf. State v. Metz, 636 N.W.2d 94, 99 (Iowa 2001) (holding improper impeachment was not harmless error when contradicted facts went to the core of the defendant's defense); State v. Long, 628 N.W.2d 440, 447 (Iowa 2001) (holding erroneous admission of hearsay statements was prejudicial where statements went to the heart of the defendant's only defense).
In addition, the evidence at issue was unique and not cumulative. In Langlet, this court considered the prejudice resulting from the destruction of police station tape recordings of the phone calls made by the defendant after he was arrested for drunk driving . 283 N.W.2d at 332. Even though witnesses testified at trial that the defendant's speech was normal, we rejected the State's assertion that the defendant was not prejudiced, noting "the auditory impact of the taped conversations is qualitatively different from the testimony of the other witnesses." Id. Here, where the defendant asserts the videotape would contradict the testimony of the State's witnesses, the prejudice is even more apparent.
VIII. Summary and Disposition
We conclude the defendant introduced substantial evidence of the factual prerequisites for a spoliation inference. Therefore, the district court erred in refusing to give a spoliation instruction as requested by the defendant's counsel. Because this error prejudiced the defendant, we must reverse Hartsfield's judgment of conviction and sentence and remand for retrial.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED; CASE REMANDED.
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