Police were unable to track down the alleged photo they believe was sent by Turner, supposing the photo was deleted around the time of his arrest.
It is believed images sent via the GroupMe app, of which Turner was using, can be deleted by a third party.
The Daily Mail have released screen shots of the court documents, which speculate that another member of the group chat deleted the message.
“Shortly after the Defendant’s arrest in the early morning hours of January 18 2015, Detectives noticed a text message in the ‘Group Me’ application that appeared on the Defendant’s phone,” the documents read.
“It stated: ‘Who’s tits are those?’ [sic]. A search warrant for the Defendant’s phone was obtained and it was searched by the Santa Clara County crime lab.
"Detectives were unable to locate the text from the 'Group Me' application or any photos related to that text.
"However, they learned that when there is a third party application, the images are not stored in the phone and can be deleted by a third party member in the group."
It's not the first time Turner's phone was used against him in the trial, after he repeatedly claimed to be a stranger to drugs and alcohol prior to arriving and Stanford and blaming the rape on a culture of "partying" and "alcohol".
Despite his claims, detectives exposed a series of messages referencing drugs like marijuana, LSD and MDMA, presenting a very different image of Turner than the one he was trying to portray throughout his trial.
This news comes after it was reported during the week that Turner will serve only three months of his six month sentence for a crime he could've spent up to 14 years for behind bars. In sentencing Turner, Judge Persky – himself a former Stanford athlete – said a longer prison term would “have a severe impact on him” and that he was satisfied “he will not be a danger to others”.
Despite the lenient sentence, just yesterday USA Swimming confirmed that the 20-year-old will be banned from competing for his country when released.
Watch: Stanford rape victim thanks the two Swedish men who helped her after the incident.
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