State v. Allen
In State v. Allen, 839 P.2d 291, 303 (Utah 1992), the Court concluded that destruction of evidence constituted an admission by conduct.
In Allen, a man was convicted of murdering a three-year-old boy after he had physically abused him for several months. Id. at 293-95, 297.
The man lived with the boy's mother and read her personal diary. Id. at 294. Before his arrest, he convinced her to let him destroy several pages from her diary that related the fights he had had with her over the discipline of her children. Id.
The Court concluded that his "conduct was relevant as an admission constituting circumstantial evidence of consciousness of guilt." Id. at 303.