United States v. Rafael Jimenez-Rodriguez

MEMORANDUM ***

I

Defendants have not demonstrated how the government’s failure to preserve the entire requested one-hour segment of surveillance footage was done in bad faith. See United States v. Sivilla, 714 F.3d 1168, 1172 (9th Cir.2013). Special Investigative Services Technician for the prison, Tymo-thy Wallace, preserved the footage he believed captured the entire altercation; the exculpatory value of the additional footage from the full one-hour requested was not apparent to Wallace. See id. In addition, Defendants have not shown how the loss prejudiced them. Id. The preserved footage…