Follow the logic here, and someone please correct me if I'm wrong.
He was charged with violating HIPAA, based on the evidence confiscated by police during the evidence.
Since such evidence doesn't exist (as the police erased it/seems to have gone missing), shouldn't the charges be dropped? For all intents and purposes, the guy was arrested and charged for something that has not happened/did not happen.
This would mean that they would either a) have to let the guy go, based on lack of evidence, or b) produce the undoctored evidence, showing the missteps that police took. Either way, the guy walks, or the police gets dinged with evidence tampering.