Spacey, 59, faces the charges of indecent assault and battery in connection to the alleged July 2016 incident. The former "House of Cards" star has pleaded not guilty and not attended the Monday hearing. If convicted, he could face five years in prison.
The Massachusetts Pretrial Hearing focused on the cell phone the accuser used to text his girlfriend and sent on video during the alleged assault. The prosecution said it obtained data from the phone, which shared with the defense, and returned the phone to the man's family.
But the phone is now missing.
Spacey's defense team wants to examine the phone itself, claiming that the excuse has been deleted before it was given to police and prosecutors. One of his lawyers, Alan Jackson, told the judge they believed in his mother "deleted things off the phone …. they sanitized the phone."
After testifying he did not delete anything from the phone, Judge Thomas Barrett found the accuser had the right to take the Fifth but said his testimony will be stricken.
Jackson argued that "this case needs to be dismissed, and it needs to be dismissed today."
The judge said the criminal case could be dismissed, but that it would not happen Monday.
"I have no knowledge of any phone on my phone"
The accuser testified that he didn t delete any messages from his now-missing iPhone 5S, which he used to text his girlfriend or a group of seven friends
While he acknowledged the conversation he was missing, he maintained his phone and suggested there was an error with the phone.
"I have no knowledge of any phone on my phone," he testified. CNN is not naming the accuser because he is an alleged victim of sexual assault.
Jackson, the defense lawyer, he went through the screen from the forensic image, he walked away . "
The lead investigator testified that the data had been altered on the phone.
When asked by Jackson if he knew it was crime to delete messages.
The man then took the Fifth Amendment.
Accuser's parents testify
According to Massachusetts State Trooper Gerald Donovan, the lead investigator, their notes reflect the phone But it was not filed by police.
The accuser's father testified that he did not get the phone back
"We don't know, we don't think we have the phone," he said.
He said he never told anyone to delete text messages from the phone.
Unruh testified that "I deleted a few things," but she did not say exactly what. There was "no intent on my part," she said.
Jackson was deleted. Asked if you deleted the pictures because they did not play the narrative that spacey plied his son with alcohol, he replied.
"I didn't touch anything that was relevant to the case," she said.
Jackson thundered back that "everything" was relevant.
What happened to the phone?
Some of the texts include the accuser telling his girlfriend: he got my number, he asked me how to out with him, he pulled my zipper down … he reached down my pants. The accuser also asks for help several times in the texts.
Spacey's lawyers argued that the screen shots and a report
When asked about possible missing text messages, Mitchell Garabedian, a family lawyer, told CNN he had no comment.
Garabedian said they are trying to find backups of what was on the phone. They have a thumb drive and a picture of the accuser's MacBook, but he could not guarantee there were no deletions, Garabedian said.
Civil lawsuit gets dropped
In court Monday, Garabedian said "because of the emotional aspect," the civil suit has been dismissed. Garabedian, referring to Spacey's accuser, said "he only wanted one roller coaster ride at a time."
Later in the testimony of the accuser's mother, Jackson asked her if the civil suit was dropped because of a secret settlement. She emphatically answered no.
Spacey's accuser, who was an 18-year-old busboy at a Nantucket bar at the time of the alleged assault, filed the civil complaint on June 26. In it, the accuser said Spacey bought him "multiple alcoholic beverages" before he forcibly touched and fondled his genitals – the same allegations he made in the criminal case.
The civil lawsuit accused Spacey of explicit sexual behavior and infliction of mental distress. It is required to pay the costs of interest and attorney fees.
CNN's Brian Vitagliano, Holly Yan and Darran Simon contributed to this report.