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A judge from Nantucket, Mbadachusetts, ordered the three of them to return the phone so that the defense experts could review it.
Spacey's lawyers said at a hearing held earlier this month that evidence that could exonerate the 59-year-old actor had been wiped off the phone before being forwarded to prosecutors.
"(The accuser) and his family have no recollection of having seen the phone in question after December 2017, when this phone was delivered to the Commonwealth," wrote the author. Mitchell Garabedian family lawyer in court documents. "(The accuser) and his family searched all the places where such a phone could have been stored, and they did not find the phone."
CNN does not name the accuser of Spacey because he is an alleged victim of badual badault.
Spacey is charged with indecent badault and murder for allegedly twisting an 18-year-old bus boy in July 2016 at the Nantucket Island Club Car Bar.
During the alleged badault, the accuser sent text messages to his phone, including a video of less than one second, to his girlfriend.
Prosecutors told Judge Thomas Barrett last month that they had obtained a copy of the phone data, but that the device had been returned.
A CD containing the files obtained from the phone was given to the defense lawyers, but they say it was not enough.
"Access to the underlying databases is necessary to perform proper badysis, especially to determine if messages have been deleted or to attempt to recover deleted data," writes the defense expert, Sankara. Shanmugam, in an affidavit.
Spacey's lawyers argued that screen shots and a police report leave no doubt that the evidence has been removed and that they should be allowed to attempt to recover it.
"He and his mother have removed the exculpatory texts over the phone," said defense attorney Alan Jackson at a hearing this month. "They deleted information that they did not want to receive from the police, they also removed information that they did not want from us."
Garabedian wrote in today 's report that police notes indicate that the phone has been returned to the accuser' s father, but "there is no memory of it". to have received the phone from his son of the police ".
As the phone is not found, Garabedian says that they are trying to find backup copies of what was on it.
"Understanding the meaning of this order, (the accuser) and his family are in the process of calling on an expert in digital forensics to look for backup copies of the 2015 phone (from the accuser)."
In response to Garabedian's complaint, Barrett J. extended the return of the phone until July 8th.
If the phone is not found by then, the accuser, his mother and his lawyer must appear in court to testify to his location.
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