Can the destruction of an audio tape be used as evidence in a sexual assault case?

We also note that any possible due process violation was cured by the trial court's instruction to the jury that they could infer from the destruction of the audio tape that its contents would have benefitted the defendant. State v. Willits, 393 P.2d 274, 279 (Ariz.1964). Boudette was also acquitted and thus cannot allege the destroyed evidence deprived him a of a fair trial. ⁶