(CNN) Kevin Spacey's accuser, his mother and their attorney say they cannot find the cell phone the accuser used the night the actor allegedly sexually assaulted him, according to court documents.

A Nantucket, Massachusetts judge ordered the three of them to turn the phone over so defense experts could examine it.

Spacey's lawyers claimed in a hearing earlier this month that evidence that could exonerate the 59-year-old actor was deleted from the phone before it was turned over to prosecutors.

"(The accuser) and his family have no memory of seeing the subject phone after December 2017, when that phone was delivered to the Commonwealth," family attorney Mitchell Garabedian wrote in court documents. "(The accuser) and his family have searched all the places where such a phone may have been stored. They have not found the phone."

CNN is not naming Spacey's accuser because he is an alleged sexual assault victim.

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