Spacey accuser pleads the fifth

(NBC News) A missing cell phone has become a key focus of the indecent assault case against actor Kevin Spacey.

The man who accuses Spacey of groping him in a Massachusetts restaurant went before a judge Monday to explain where that cell phone is, but in an abrupt turn took the fifth.

The defense says the missing phone contained text messages that could help exonerate the actor.

Spacey’s lawyer moved to have the indecent assault and battery charge dismissed after the accuser admitted on the stand screenshots of text messages he gave to police did not completely match data recovered from the phone.

A Massachusetts State Police detective testified the accuser’s mother admitted she did remove some information from the phone before turning it over.

“The data she told me she deleted dealt with frat boy activities,” said Detective Gerald Donovan.

“It was not relevant to the case, I did not touch anything that was relevant to the case,” Heather Unruh testified.

The accuser’s lawyer says the phone can’t be located.

Police say they returned it to the man’s father, Nick Little.

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