A Norfolk Superior Court judge ordered former Massachusetts State Police trooper Michael Proctor in June to preserve all the data on his personal cell phone and promptly turn it over to prosecutors.

But Proctor, through his lawyer, said he changed phones in 2024 and no longer had access to those communications. On top of that, Proctor claimed his phone automatically deleted data after 30 days.

“Therefore ... it is unlikely Mr. Proctor has any relevant information in his possession concerning this case,” the lawyer, Daniel Moynihan, wrote.

The ruling came in the case of Myles King , a man charged with the 2021 killing of Marquis Simmons in Milton. The judge, Michael Doolin, required Proctor to turn over communications from his personal phone from the date of the killing, July 10, 202

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