You think that includes giving over his phone? I'm sure you've signed plenty of agreements in your life that included "cooperation," and I'm sure you never wondered whether that included giving over your phone, or allowing them to search your house, or allowing them to interrogate your kids, etc. The idea that "cooperation" includes everything you want from the guy is nuts.
So don't give over your phone. Saying it's a violation of your privacy and unnecessary is a much more defensible position than destroying the phone. Not to mention the fact that his actual stated reason for destroying his phone is that he always destroys his old phone when he gets a new one (which was of course cast into doubt by the fact that they found a different older phone of his as well). The fact that he destroyed it indicates he didn't want people to know about it at all.
I'm not saying you're wrong in principle, just that it's clearly not what this was about.
Completely not true he does have am oblation to turn over his cellphone. and if he had nothing to hide but just didn't want to give it over then at very least give it to his lawyer. Destroying it is pretty damming evidence.
+1, you beat me to it, at least the part about destroying vs not complying.
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