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We can only control, judge, at this point what is in the care and custody and control of the commonwealth. Right. As far as information contained within the specific Service Providers of these individual cell phone carriers, that is different. We have no control over that, judge. We would suggest as far as the preservation goes, to the individuals directly or to the providers, that it be limited at this point to the 7th and 8th until more information could be provided as to why it might likely be exculpatory versus a phishing expedition. I havent seen any of the Police Reports so i dont know what except for the affidavit, i dont know what information that you base this request upon. I do think that the 7th and 8th certainly would be appropriate to time span to preserve the evidence but i understand even if the motion is allowed it can be modified down the road and can be t ....
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