The man's lawyer said the case was dropped because the accuser is on an "emotional roller coaster" and wants to focus on the criminal matter.
After being pressed by Spacey's lawyer about whether he knew that altering evidence used in a prosecution is a crime, the man invoked his right against self-incrimination, and the judge said his testimony Monday would be stricken from the record.
Nantucket District Court Judge Thomas S. Barrett said he would give the accuser's attorney time to decide how to proceed, but acknowledged it could be hard to prosecute without the testimony of the alleged victim.
"This entire case is completely compromised", Jackson said. He said Spacey bought him several drinks and tried to persuade him to come home with him before unzipping the man's trousers and groping him for about three minutes. Spacey's lawyers say texts that would help the actor's case were deleted before screenshots of conversations were sent to an investigating officer.
According to Garabedian, police say their notes reflect the phone was returned to the accuser's father, but he says he doesn't remember ever getting it.
The accuser said Monday he "has no knowledge of any deletions of messages on my phone". The former "House of Cards" star has pleaded not guilty. His lawyers have accused the man of lying in the hopes of winning money in a civil case against Spacey.More news: Turkey: Key figure resigns from Erdogan’s party
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Additionally, Spacey's defense attorney, Alan Jackson, said that the accuser's mother, Heather Unruh, may have been watching live coverage of her son's testimony on TV.
The accuser voluntarily dismissed the lawsuit last week without explanation just days after it was filed.
Spacey, 59, faces criminal charges of indecent assault and battery in connection to the alleged July 2016 incident. He denies the allegations.
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 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.
But the phone - which the defense wanted to examine - has disappeared, as confirmed by Little and his parents, who were also called upon to testify Monday.
Last month, the accuser's lawyer said the phone was missing and they were trying to find backup copies of its contents, but have so far been unsuccessful in their efforts.