Another reason PDs should not destroy seized guns...

[ELB]

OK, it was the ATF, not the local PD, but the principle remains.

From Albuquerque NM:

A murder suspect is out of jail and free of all charges because a key piece of evidence was never submitted and has since been destroyed.

...Court documents show, six days into trial, the court was made aware that a murder weapon had been recovered by the ATF back in 2010.

Orejel's attorney Jeff Rein filed a motion for a mistrial stating that the gun was tested and matched 3 casings found at the scene at Truman Middle School, but that gun was destroyed by the ATF in 2012. The motion also states that APD Detective Kevin Morant represented that he was too busy to request that the weapon be saved.
...
Judge Stan Whitaker granted the mistrial and dismissed all the charges against Orejel. He has since bonded out of jail on other unrelated charges and he can't be tried again for that case because it would violate his right to a speedy trial.

http://www.kob.com/article/stories/S3210383.shtml" onclick="window.open(this.href);return false;