The police took Genevieve's cell phone and did not return it until after the trial, a year and a half after they took the phone. They knew or should have known that there were no salacious emails coming from Genevieve to Alec on that phone. Yet the prosecutor alleged in court that the emails were proof that Genevieve had stalked Alec. The judge asked what proof the prosecutor had that the emails were connected to either Genevieve's phone or to Alec's phone. The prosecutor had no such proof and therefore the judge refused to accept the emails into evidence. The judge overlooked the fact that the emails existed and that they were offered into evidence by the prosecutor which showed a false case