Government of the Virgin Islands v. Paul Testamark

OPINION OF THE COURT

ADAMS, Circuit Judge

This case, in which Paul Testamark was charged with assaulting Merry Cook with intent to rape, raises the issue of how a court should deal with a police department’s failure to preserve evidence that is potentially critical in a criminal proceeding.

At the trial, which took place before a jury, Ms. Cook testified to the following version of the event. Testamark had been drinking early in the day on July 9, 1978, at the self-service bar of the gift shop where Ms. Cook worked. He had then left to go swimming. Upon his return, two and half hours later,…