Utah Court of Appeals hears arguments on destroyed chat photo and Miranda invocation in State v. Kyum

The Utah Court of Appeals heard oral argument Tuesday in State v. Kyum (Case No. 20240207) over whether prosecutors destroyed potentially exculpatory evidence and whether the defendant invoked his right to counsel during a custodial interview. The three-judge panel — Judge John Luthy, Judge David N. Mortensen and Judge Ryan Harris — heard 15 minutes of argument from each side and reserved decision for a written opinion.

The defense, represented by Natalie Skabin, told the court the prosecution destroyed a profile photo that might have shown the person who was communicating with the defendant was an adult, not a minor. Skabin argued the missing profile image “would have been exculpatory” because the photos available in the record showed an adult who “did not look 13,” and that the absence of the…