The imposition of sanctions for discovery violations is within the sound discretion of the district court. We will not overturn the district court absent a clear abuse of discretion. Minn. R. Crim. P. 9.01, subd. First, the prosecution did not disclose that Thomas wore a tape recorder during the sting or that the tape was in existence.
Tape recordings are producible.
P. 9.01, subd. The existence of the tape recorder, and the tape itself should have been disclosed to the defense before trial. Second, appellant argues that the tape recording was destroyed deliberately. Unless appellant can show bad faith by the police, failure to preserve evidence does not constitute a denial of due process. When police intentionally destroy evidence, there is an inference that it was destroyed because it was exculpatory.