In a significant development during the Epic v. Google trial overseen by Judge James Donato, concerns have arisen about Google's conduct regarding evidence preservation. The judge expressed profound unease, characterizing Google's actions as "a frontal assault on the fair administration of justice." The focus of the inquiry centers on Google's alleged intentional and systematic suppression of evidence, including the automatic deletion of chat messages among employees.
Judge's Investigation and Vow:
Judge Donato, presiding over the trial, vowed to investigate Google independently, outside the trial proceedings, to determine accountability for the alleged evidence suppression. He stated, "I am going to get to the bottom of who is responsible," emphasizing the severity of Google's conduct.
Testimony Revelations:
Testimony in the trial disclosed that Google automatically deleted chat messages, and employees, including CEO Sundar Pichai, acknowledged using this feature to make specific conversations disappear intentionally. Pichai and others testified that they did not alter the auto-delete setting despite being aware of their legal obligation to preserve evidence. Additionally, employees marked documents as legally privileged to restrict access.
Judge's Strong Reaction:
Judge Donato expressed deep concern, labeling Google's behavior as "the most serious and disturbing evidence I have ever seen in my decade on the bench." He criticized the conduct as a threat to due process, undermining the fair resolution of legal disputes and contradicting the principles of the legal system.
Decision on Jury Instructions:
Despite the gravity of the situation, Judge Donato opted not to issue a "mandatory inference instruction" to the jury, which would have directed them to assume that Google destroyed evidence detrimental to its case. Instead, a "permissive" jury instruction was issued, allowing the jury to decide whether the missing evidence could have favored Epic and disadvantaged Google.
Future Implications:
The judge's commitment to investigating Google independently outside the trial and his strong statements during the proceedings indicate potential broader implications for the tech giant. The inquiry into evidence suppression adds a layer of complexity to an already closely-watched trial that could influence the future landscape of app stores, particularly the Android app store.
Closing Arguments Ahead:
As Epic and Google rest their case, the trial is set for closing arguments on December 11th. The outcome of the trial and Judge Donato's separate investigation into evidence suppression will likely have lasting effects on Google's legal standing and could set precedents in how tech companies handle evidence in legal proceedings.
Google declined to provide a comment on Judge Donato's statements as of now. The development adds a significant twist to the ongoing legal battle between Epic Games and Google, with broader implications for the tech industry's legal practices and accountability.
