The defense was now complaining that the destroyed evidence may have had something in it that would have proved the defendant innocent, and therefore he should be set free. I opined that if there was anything in the destroyed evidence that would have proved the defendant innocent, the defense attorney would have used it at the first trial, and it would be safe and secure in the clerk's custody and available for the second trial. Apparently the judge agreed with me, because the trial went forward despite the loss of the evidence. You can read about it here: "Retrial to Start Without Destroyed Evidence". (The reporter slightly muffed my quote. What I originally said didn't sound quite that dumb).
The police made an honest, if not-too-bright, mistake, and the defense couldn't prove that any harm was done. The situation is controlled by a line of cases which holds that if potentially useful evidence is inadvertently destroyed by officers acting in good faith, there is no problem. See, e.g., Arizona v. Youngblood, 488 U.S. 51 (1988). The key is whether the police were acting in good faith, and it takes more than mere negligence to negate good faith.