I agree with matthyj, it simply makes no sense. It makes a good story, but would require more effort and cost than pulling the head. It would have been easier to use a bore scope and to take a picture. Which is what I would do if I were you, he told you which cylinder he pulled the piston from (court record), use it against him, take a picture using a bore scope (use a reputable shop for this). If the piston isn't damaged, he's blowing smoke....