That sounds like something they could reasonably argue was destruction (spoliation?) of evidence, and in some cases judges are allowed to tell juries to assume evidence that was destroyed is harmful to or counters the defense's arguments.

Also destruction of evidence is a crime, so you could pick up additional charges as well.

Don't play games with the law: talk to a lawyer. The law is not code, you generally aren't going to win with clever interpretation (see myriad cases where the "intent" of the people making the law is considered by the court) or "hack". If you're ever dealing with legal issues, civil or criminal, talk to a lawyer.