Spacey is charged with felony assault and battery after allegedly groping William Little, 18, in a Nantucket Club in 2016.
“Mr. Little has been working to comply with this latest Order,” court documents filed in the Nantucket District Court obtained by Radar stated.
“However, the last Mr. Little remembers seeing the subject phone was before his mother in approximately December 2017, delivered that phone to the Commonwealth. That phone was not returned to Mr. Little.”
The court had ordered Little to turn over the phone by June 21, 2019.
“The last Ms. Unruh remembers seeing the phone was in approximately December 2017, when she delivered that phone to the Commonwealth. After learning that information from Mr. Little and Ms. Unruh, and as neither I, nor the Law Offices of Mitchell Garabedian, has ever had custody or ever possessed the subject phone, I contacted the Commonwealth which indicated police notes reflected Mr. Little's phone had been returned to Mr. Little's father,” the court documents obtained by Radar stated.
Little’s attorney continued the explanation for not turning the phone into the court by the ordered deadline.
“I then contacted Mr. Little's father who reports he has no memory of receiving his son's phone from the police, Even though Mr. Little and his family have no memory of seeing the subject phone after December 2017, when that phone was delivered to the Commonwealth, Mr. Little and his family have searched all the places where such a phone may have been stored. They have not found the phone.”
Little’s attorney stated that they were trying to locate the missing phone or try and find the evidence that could potentially be on the phone.
“Understanding the significance of this order, Mr. Little and his family are in the process of engaging a digital forensic expert to search for likely backups of Mr. Little’s 2015 phone. We understand this will take a few weeks to identify that information.”
The hearing was scheduled for July 8, 2019 for Little and his attorney to turn over the missing phone or evidence they could possibly obtain from backup files.
Spacey claimed in previous court documents that Little “manipulated” text message evidence on a phone that the prosecution had in their possession.
The documents previously obtained by Radar stated Little’s mother turned over a phone in November 2017 and: “A subsequent analysis of Mr. Little cell phone revealed that he deleted exculpatory text messages and sent screenshots of these manipulated text messages to Officer Kelly in support of his claims.”
Spacey pleaded not guilty to the felony charges in January.