Yeah, I think the phone is what sunk him.

It would absolutely be used as evidence in your favour by your defence though. It’s not conclusive, but it helps.

Which is part of the reason the burden of proof is on them.

Are you seriously suggesting a police force will not secure a murder suspect’s phone as part of their enquiries?

Or that, if they didn’t, this would work against them in court later?

Do you not understand the concept of a defence attorney? It’s not just the police that decide what is and isn’t evidence.