I have been following the case filed by ATPAC, INC against APTITUDE SOLUTIONS, INC. COUNTY OF NEVADA, and GREGORY J. DIAZ, County Recorder in Federal Court over the loss of their intellectual property. However, the real story is the effort to conceal this violation by authorities at the Rood Center, by ordering the destruction of smoking gun evidence on a County server. The cover up is often more damaging than the original crime.
In a terminating order a Federal Judge found that the defendants, the new software company Aptitude Solutions, the County and Diaz . . .
" . . . had an obligation to preserve the AS-Nevada server at the time it was destroyed, and they willfully destroyed it. In addition, information on the server was relevant to the action. By instructing the jury that it may infer the truth of what plaintiff might have been able to prove, under the best case scenario, if the evidence had not been destroyed, the court believes it can cure any prejudice resulting from defendants‚Äô spoliation of the evidence. Therefore, the court will instruct the jury to the effect that it may infer that any files on the ER-Recorder server were transferred to the AS-Nevada server. The precise wording of the instruction will be determined at trial. . . .
The trial will most likely start in December and this story of corruption will be revealed in the testimony. What I want to know is who ordered the destruction of evidence? And, what actions are the Board of Supervisors going to take when we find out who ordered this destruction of evidence?
Exit Question: If the BOS does not take any action, does this signal they are part of the corruption?
Update (05-14-11, 11:40) Per request, you can downlaod the Federal Court Order here: Download Terminating order
Depostions in the case: