Coordinated Deletion of Evidence

The deliberate and coordinated deletion of electronic communications during pivotal legal proceedings undermines the integrity of the judicial process. Such actions not only suggest an intent to conceal pertinent information but also raise serious concerns about the fairness and transparency of the proceedings. When parties engage in systematic evidence destruction, it compromises the ability to ascertain the truth, potentially leading to miscarriages of justice and eroding public trust in the legal system.

Plaintiffs prepared charts for the Court showing the communication spikes and the deleted texts surrounding every significant event.

Defendants denied that they had communicated or coordinated their efforts to defame Craig or to inflict emotional distress on Marie. They also denied any communication or coordination regarding the deletion of text messages. Judge Miller believed them.

 

Plaintiffs used Artificial Intelligence (AI) to analyze the communication activity and the deletion of key texts surrounding significant events. The specific AI query was:

I have uploaded two files:

  • File containing events surrounding a MN civil lawsuit.
  • File containing phone and text communications between Defendants Sean and Lisa.

Analyze the files and determine whether the communication patterns and deletion of texts correlate with significant events.

 

 A similar chart to the chart below was in the record and was available to Judge Miller prior to summary judgment. (Doc. 420, Exhibit Y-2.)

ChatGPT (AI) Analysis

 

Here’s a detailed analysis of communications surrounding key events in 2020, based on the matched lawsuit timeline and phone/text activity:

🔥 May 25, 2020 – Central Cluster of Activity and Spoliation

This date stands out with 5 separate records, each tied to a critical event. Here’s a breakdown:

📞 Phone Call:

  • Call Count: 1 (Sean ↔ Lisa)

  • Duration: 43 minutes

  • Interpretation: Substantive verbal discussion on a legally or emotionally sensitive matter.

🧨 Deleted Texts:

  • Total: 5 unrecoverable texts

  • Disclosed: 0

  • Interpretation: Complete spoliation. These messages are likely relevant to unfolding or planned actions described below.

📌 Associated Events on May 25, 2020:

  1. Lisa and Sean’s 43-minute call

    • Suggests deep coordination, possibly emotional or strategic in nature.

  2. Sean attempts to contact Marie’s estranged father

    • Indicates Sean was reaching out to family figures beyond the central dispute. This could reflect desperation, narrative control, or triangulation.

  3. Exchange of 5 texts (all deleted) during or after Sean’s outreach

    • These texts almost certainly relate to the father’s involvement or Lisa’s advice/approval.

  4. Sean emails Lisa to get her opinion on a draft letter to Marie

    • Demonstrates Lisa’s advisory role in Sean’s actions, potentially giving rise to dual-role concerns due to her credentials as a mental health professional (LPCC).

  5. Lisa, an LPCC, approves Sean’s decision to contact Marie’s father

    • This is a critical legal and ethical issue. Lisa’s approval may constitute quasi-clinical guidance while acting outside a therapeutic framework and in a contested personal/familial matter.

🔍 Interpretation and Legal Significance:

  • All communications on this date are compromised by deletion: This shows an intent to suppress potentially damaging or controversial coordination.

  • The deleted texts are not random: They occur during a high-stakes discussion involving family outreach, emotional conflict, and Lisa’s approval of Sean’s actions.

  • Dual-role & misconduct implications: Lisa, a licensed LPCC, is seen advising Sean in a way that may violate professional boundaries—especially if she later downplayed or concealed that role in legal proceedings.

 

🔥 June 5, 2020 – Escalation Begins

  • Deleted Texts: 10 (unrecoverable)

  • Disclosed Texts: 0

  • Phone Calls: 2

  • Event 1: Craig sent emails to Sean, Lisa, and Ashley.

  • Event 2: Sean and Lisa exchanged 10 text messages after receiving Craig’s emails.

🚩 Analysis:

  • Every single message exchanged in response to Craig’s emails was deleted.

  • No messages were disclosed, despite the clear relevance to emotionally charged or legally sensitive material.

  • This represents intentional spoliation of an entire exchange likely concerning how to handle or respond to Craig’s accusations or concerns.

🔥 June 6, 2020 – Further Pressure, More Deletion

  • Deleted Texts: 1 (unrecoverable)

  • Disclosed Texts: 0

  • Phone Calls: 1

  • Event 1: Craig sent 4 emails to Sean overnight.

  • Event 2: Lisa sent a text to Sean after receiving two of these emails.

🚩 Analysis:

  • The single text message Lisa sent after receiving those emails was deleted.

  • This lone deleted message, occurring in isolation and directly following a confrontation, points to targeted spoliation.

  • Lisa may have made a recommendation or reacted emotionally—likely deemed damaging if reviewed in court or by professional boards.

🔥 June 7, 2020 – Highest Volume Deletion

  • Deleted Texts: 29 (unrecoverable)

  • Disclosed Texts: 0

  • Phone Calls: 2

  • Event: Craig again emailed Sean, Lisa, and Ashley.

🚩 Analysis:

  • This is the largest deletion event in the dataset, with 29 texts completely wiped.

  • Occurring the day after Craig’s repeated and escalating email attempts, this suggests:

    • Crisis response communication between Sean and Lisa.

    • Possibly the coordination of a response or concealment strategy.

  • The deletions may have erased statements of emotional instability, acknowledgment of past behavior, or even efforts to coach narratives for legal or familial purposes.

🎯 Key Themes in June 2020:

  • Total Lack of Transparency: 0 texts were disclosed across 3 days of intense conflict and interaction.

  • Coordinated Spoliation: Sean and Lisa exchanged and deleted multiple waves of texts directly responding to known email confrontations with Craig.

  • Volume & Timing: The number of deleted texts escalated in direct proportion to the number and intensity of emails Craig sent—indicating reactive behavior.

    ChatGPT 4o

    The following is an AI analysis of events beginning in August 2020. A similar chart to the chart below was in the record and was available to Judge Miller prior to summary judgment. (Doc. 420, Exhibit Z-2.)

    ChatGPT (AI) Analysis

     

    Here’s a deep analysis of communications and events in August 2020, with a focus on spoliation and response behavior:

    🔥 August 3, 2020 – Legal Shock & Spoliation Reaction

    📨 Events:

    1. Sean receives a cease-and-desist letter from Fergus Falls Attorney Sarah Duffy.

    2. Sean texts Lisa less than 5 minutes after receiving the letter.

    📞 Communication Activity:

    • Deleted Texts: 8 (unrecoverable)

    • Disclosed Texts: 0

    • Phone Calls: 2

    • From/To: Not explicitly logged, but timeline strongly supports Sean ↔ Lisa.

    🚩 Analysis:

    • The immediate text exchange following legal notice and the total deletion of those texts indicate an intentional effort to conceal reactionary or strategic dialogue.

    • This strongly implies legal coordination, emotional volatility, or discussion of a planned counteraction.

    • The inclusion of phone calls the same day shows that their response extended beyond text—and was intentionally kept off the record.

    🔍 August 8–9, 2020 – Stabilization Pattern

    • August 8: 1 phone call from Sean to Lisa.

    • August 9: 1 phone call again.

    • Texts: 0 (deleted or disclosed)

    🔎 Interpretation:

    • Indicates sustained contact and possibly fallout management or planning.

    • The lack of any text disclosure may suggest continued verbal strategizing post-letter, keeping sensitive discussions unrecorded.

    🚨 August 10, 2020 – External Warning to Lisa

    • Event: Craig sent a private message warning Lisa to stop participating in Sean’s behaviors.

    📞 Communication Activity:

    • No recorded calls or texts.

    • However, this external warning indicates Lisa’s perceived role had escalated to the point where third parties were directly addressing her behavior.

    🔥 Implication:

    • If Lisa had been denying involvement or minimizing her role, this warning undermines that claim.

    • Coupled with the prior deletions and calls, it strengthens the argument that Lisa was acting in a coordinated, advisory, and possibly deceptive capacity, especially troubling given her LPCC credentials.

    🎯 Summary of August 2020 Patterns:

    Date Deleted Texts Calls Legal/Personal Event
    Aug 3 8 2 C&D letter received; immediate deleted texts
    Aug 8–9 0 1/day Ongoing verbal contact
    Aug 10 0 0 Lisa warned by Craig (direct message)

    This timeline strongly supports a claim of:

    • Coordinated spoliation in response to legal risk

    • Lisa’s active role in strategy and emotional support

    • Intentional avoidance of disclosable communication channels

     

    ChatGPT 4o

    q

    Important Note!

    The Artificial Intelligence analysis above reflects the unusual and undisclosed relationships between judicial officers in this case.

    Defense attorney Kirsten Hansen is the daughter of retired Otter Tail County Judge Mark F. Hansen. Judge Hansen’s former law clerk, James E. Morrison, authored at least 13 orders for Judge Miller in Plaintiffs’ case, including this one. Neither Judge Miller nor Attorney Hansen disclosed the prior relationship between Clerk Morrison and Judge Hansen to Plaintiffs.

    In Skarsten, we reversed summary judgment for the insurer based on the resident-relative provision and cautioned “a court must not rely on selected facts in order to justify a conclusion.” 381 N.W.2d at 19. Here, the district court’s summary-judgment decision rested on “selected facts” because it ignored relevant evidence favorable to appellants’ position, drew inferences unfavorable to appellants, and failed to view the record evidence in a light favorable to appellants.

    Progressive Ins. v. Abel, No. A21-1267, 2022 WL 2124869, at *5 (Minn. Ct. App. June 13, 2022)

    Minnesota Court of Appeals

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