Garabedian said Monday that the man dropped the civil case because he's on an "emotional rollercoaster" and wants to focus on the criminal matter.
The man who accused Kevin Spacey of groping him at a bar has made a decision to invoke his 5th Amendment rights after briefly testifying on Monday about the alleged 2016 assault. The man said he has "no knowledge of any deletions of messages".
The accuser's testimony came days after he voluntarily dismissed a lawsuit that he had filed against the actor about a week earlier.
Barrett extended the deadline for turning the phone over until Monday and said that if it's not found, the accuser, his attorney and his mother must appear in court to testify about its whereabouts.
The abuse allegation against the two-time Oscar victor was one of more than a dozen to emerge since 2017 - in both the United States and in England - with devastating effect on his acting career.
Spacey, 59, faces criminal charges of indecent assault and battery in connection to the alleged July 2016 incident. The prosecution says it obtained data from the phone, which it shared with the defense, and then the phone was returned to the man's family.
Spacey's lawyer urged the judge to dismiss the case, calling it "completely compromised".
Spacey is accused of groping the then 18-year-old man in Nantucket in 2016. "That's what we're entitled to, and we still don't have it", lawyer Alan Jackson said.
The accuser's lawyer, Mitchell Garabedian, said they can not find the phone, but were able to retrieve a copy of its contents that had been backed up to a computer. "They deleted information that they didn't want the police to have, they deleted information they didn't want us to have".
Spacey's lawyers say texts that would help the actor's case were deleted before screenshots of conversations were sent to an investigating officer.
In all, 20 men have accused Spacey of misconduct during his stint of artistic director of London's Old Vic.
"He only wanted one roller coaster ride at a time". The man said he fled when Spacey went to the bathroom.
The accuser and his mother - Heather Unruh, a former TV news anchor in New England - have told the court through Garabedian that the last time the accuser saw his phone was before his mother delivered it to prosecutors in approximately December of 2017.
Spacey's team thinks the texts don't tell the whole story, particularly because most of the texts lack time stamps and it's possible the accuser may have deleted other texts that could change the context of the convo.
The man who accused Kevin Spacey of groping him at a bar could be forced to testify about what happened to a cellphone wanted by the defence.