Absolutely its evidence. Remember the investigator is going to ask her if she sent revealing photos to the other guy. If she says no. Then he will ask her to produce the photos that she sent to him at 0030. Remember, guilty until proven innocent. Its not the same as civilian court. They will look at the # of photos sent too. Correct me if I am wrong, but don't picture have a specific amount of data, pixels sent? I think this is very damning.