I have a couple things to add.
Thing 1) you can't prove a negative, so whoever said "prove they didn't rape someone" to the idiot Vol fan on page three (i think)... That's not a thing that can happen.
Thing the 2nd) what those girls did with their cell phones is called spoilation of evidence. Not something courts allow you to do. By destroying those phones, the defense is allowed to assume that they held damning information and could destroy their case.
http://civilprocedure.uslegal.com/discovery/spoliation-of-evidence/
First off, you are citing a website that is discussing
civil procedure. The case in question is a criminal case. It would fall under the rules of
criminal procedure, which are entirely different.
Next, there is no proof, from what I read, that says the girl(s) destroyed the phones with the knowledge of an impending legal case. The victim gives no explanation as to what happened to her old phone. She simply activated a new one the day after the alleged rape. No one can say that she did destroy it. The witness says that her phone was acting up and so she deleted the content and sold the phone online. We also don't know when the witness knew of the criminal case against AJ, so she may have done this even before gaining knowledge that charges had bee filed.
Also, this evidence is not destroyed or spoiled. Much of the evidence can likely still be retained. Phone records, and text records are quite often obtained from the phone companies. In fact, they mostly get the text messages from the phone company rather than off the phones because that is more reliable than straight from a phone. Getting the information straight from the phone might also require the phone itself to be admitted into evidence, which would mean that the victim/witnesses would not be able to have access to their phones until the conclusion of the trial.
Again, the issue here is that it was very late in the process before defense counsel finally decided that they would file a motion asking the court to issue subpoenas in order to obtain not only phone and text message records, but also other social media records (such as snapchat). The defense asked for this just months before the trial was set to begin. The prosecution dislikes this because they consider this to be a delay of the case. If they were so important then they could have asked for those records right from the beginning, but instead, they waited until just a couple months before trial. Further, this process has delayed the case indefinitely because of the difficulty in obtaining this documents, especially the records for such social media sites as snapchat. It is so difficult that there are actually ongoing lawsuits against these companies trying to get them to release similar information. So, the prosecution most definitely sees this as a tactic by the defense team to delay the trial and buy their clients more time, and possibly more freedom.