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Judge Thomas Barrett ordered last week that the bar, The Club Car, produce the film Monday, to learn that there is none.
Instead, the action revolved around the phone records of the accuser and his mother. At last week's hearing, Barrett authorized the defense to review the contents of the accuser's phone from July 7, 2016 to December 31, 2017, and denied the defense's request for telephone records from the mother.
On Monday, the defense attorney, Alan Jackson, again asked the phone data, accusing the prosecution of having "made false statements", which a deputy prosecutor's assistant denied .
Prosecutors, Jackson said, had the accuser 's phone information for more than a year and had proceeded to a forensic download of the data, while hiding the details in defense.
"It's inexcusable," Jackson said. "It's outrageous, and it should never, never happen in court."
A report submitted to the defense on Monday indicates that the accuser's mother had removed telephone information about her son's "brother's activities" before providing the phone to the police, he said.
"Are you kidding?" Jackson asked. "He and his mother suppressed the exculpatory texts that were on the phone."
Defense counsel added that, rather than providing full text exchanges, the accuser had taken screen-print copies corroborating his charges – and that "c & rsquo; Was the foundation on which these charges had been laid. "
He categorically accused the alleged victim and his mother of having erased the information that they wanted to keep from Spacey's lawyers and lawyers.
Some of the texts were removed at 1:41 am on July 8, 2016, shortly after the incident that allegedly took place, Jackson said. He added that the accuser had deleted texts before and after providing screenshots to the police.
"We know unequivocally that the police forensic report is not accurate," Jackson said.
The brief submitted to the defense Monday is not important enough to contain a full forensic download from the accuser's phone, he said.
Thus, the defense again requested the mother's telephone records because, said Jackson, she admitted to having removed items from her son's phone. The phone also contains conversations between her and the prosecutor's sister, which the defense would like to see, Jackson said.
The first district deputy prosecutor, Brian Glenny, said the prosecution would have provided the record earlier, but had to wait for the signing of a protection order.
Before handing the case over, prosecutors had to phone in to determine if the court had to settle any cases, Glenny said, adding that prosecutors had explained at a previous hearing that they needed up to 30 percent of the time. in June to complete their work over the phone.
The prosecution has already provided much of what the defense team wanted, Glenny said. The rest is "fodder for another day" and any confusion is the product of poor communication, he said.
Jackson did not have it, again asking the actual phones of the accuser and his mother and all the data that they contained.
"The government's shenanigans are scandalous, unjustified and inexcusable," he said. "There is a new revelation every time we return to this courthouse."
Glenny denied that the prosecutors made false statements to the Spacey team.
Jackson also called for a speedy trial at the hearing, but Judge Barrett said this would not likely happen in the next eight weeks, as the defense asked.
"It does not happen in August, whether in October or November, it remains to be seen," said Barrett.
Spacey spoke privately with his lawyers and assistants, but did not speak in open court during the proceedings. Dressed in a gray suit, black glasses and a light blue tie, the winner of two Oscars smiled to reporters, but did not answer the question of a producer of CNN going to court.
The next hearing is scheduled for July 8th.
Aaron Cooper, of CNN, wrote and reported from Nantucket, and Eliott C. McLaughlin wrote from Atlanta. Augusta Anthony and Rob Frehse contributed to this report.
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