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Some phone companies don't hold on to that data.Mr Rourke said the fact that she deleted all texts between her and CW hampered the investigation. WHY couldn’t they get those from CW’s phone?? Did he delete them too? Ok, then why couldn’t they subpoena them from the phone carrier?
Companies like Apple are big on device privacy now. Perhaps those things can be permanently deleted after all.
Clearly something prevented them from recovering those messages, and that's the best I've got unfortunately.