State v. Charles

*739SABERS, Justice

(concurring specially).

[¶ 24.] I concur in the majority opinion except that I write separately to point out that in the future, the police and the prosecution should gather all relevant evidence before conducting tests that renders evidence useless. To do otherwise is irresponsible and actually harms the State in its search for justice. In this case, the State was able to meet its burden despite the presumption or inference created against it by its spoliation of evidence. In future cases, the State could dig itself into an inescapable hole before it gets to trial if it proceeds without caution.