Spacey's team also wants the judge to dismiss the case after the alleged victim's mother, Heather Unruh, was supposed to be sequestered but apparently watched her son testify on TV while waiting in another room. this according to WHDH Boston.
The mother of a man who accused Kevin Spacey of groping him at a Nantucket bar in 2016 says they did not receive a settlement to drop a lawsuit against the actor.
Little has said he has not seen the phone since handing it over to police investigators in December 2017.
A MA judge ordered the accuser, as well as the accuser's parents and legal team, to appear in court Monday if the phone wasn't able to be recovered by then.
The man's decision not to testify caused the judge to question the viability of the case against the two-time Oscar victor, whose career collapsed in 2017 amid a string of sexual misconduct allegations.
After being pressed by Spacey's lawyer about whether he knew that altering evidence used in a prosecution is a crime, the man invoked his right against self-incrimination, and the judge said his testimony Monday would be stricken from the record. The actor has pleaded not guilty to a charge of indecent assault and battery.
Last month, the accuser's lawyer said the phone was missing and they were trying to find backup copies of its contents, but have so far been unsuccessful in their efforts.
The judge acknowledged that prosecutors would have a tough time bringing the case to trial if the man won't testify.
Authorities in Massachusetts say Spacey got the victim-then an 18-year-old busboy-drunk, and fondled the teen under his trousers without consent, while visiting The Club Car in Nantucket, Massachusetts in July 2016. That's what we want. "That's what we want, that's what we're entitled to and we still don't have it", Jackson said.
The lawyer for the accuser, Mitchell Garabedian, said in court he was able to retrieve data that was backed up from the phone to the accuser's computer after the alleged assault.
Spacey's lawyers say texts that would help the actor's case were deleted before screenshots of conversations were sent to an investigating officer.
"He only wanted one roller coaster ride at a time".
Spacey's lawyer indicated that the defence would file a written motion to dismiss the case in the coming days. "The criminal case is enough", Garabedian said.
Spacey has been accused of sexual misconduct by a dozen men in total. "It's not going to happen today".