"I'm not prepared today to say what to do," he said.
Mr. In a court application, Garabedian wrote that the prosecutor's mother, Heather Unruh, delivered the smartphone to the police in December 2017 against the start of the investigation. The police said the phone had been returned to the youngster's father, Mr Garabedian said, but the father did not remember to receive it.
The family had searched "all places where such a phone might have been stored" Mr. Garabedian wrote, but they were not successful. Monday's hearing said Mr Garabedian that they had restored a backup of prosecutor's phone on his laptop which covered the time of his meeting with Mr. Spacey. It was not immediately clear whether the backup preserved any of the potentially missing messages.
"I have nothing but the truth to tell," Unruh said to the judge, her voice cracking.
Ms. Unruh testified that she had looked at her son's phone before she gave it to the police and deleted some content that "worried" her as a mother. The state trooper who received the phone from Mrs Unruh testified that Mrs Unruh had told him she had deleted some "frat boy activities" content that she did not want investigators to see.
She said she had never instructed her son to delete any messages, and never delete any messages even from the conversations that Mr. Spacey's lawyer was concerned.
"I did not touch anything that was relevant to the case, said Mrs Unruh.
The prosecutor's father also took the stand and testified that he could not remember that he never got the phone back from the police. (New York Times does not identify the father who has the same surname as his son to avoid placing a prosecutor in a sexual assault case.)