Testimony continued Thursday in the trial of former Clay County Sheriff Darryl Daniels. Daniels is charged with two felonies including tampering with evidence and attempted tampering with evidence.
Court breaks for lunch until 12:55 p.m. Closing arguments will begin when court resumes.Defense wants to use the term ‘material’ as it argues this was a common law standard and ‘concerning’ is to vague.Defense and state arguing special jury instructions on lying to law enforcement charges. Question revolves around whether statement must be ‘material’ to a criminal investigation or ‘concerning’ the investigation to constitute a crime.Defense set to rest case. No witnesses.
State contends it doesn’t make sense for defense to claim Daniels wanted his agency phone wiped to protect his wife, since the defense also has repeatedly claimed Daniels almost exclusively contacted his former mistress using his personal phone.State says court precedent cited by defense requires deleted data to still be available to law enforcement, which it contends is not the case with Daniels’ Google account.
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