Kevin Spacey wants the indecent assault and battery case against him tossed out of court for “misconduct” on the part of the prosecution and accuser’s family, while a fall trial date is likely.

With the former House of Cards star making a surprise appearance in a Nantucket courtroom Monday, the actor’s attorney hit the state hard with accusations of “misrepresentation.” Alan Jackson declared that the underage accuser’s old phone had his “frat boy activities” and other potential evidence erased by his mother, former Boston TV anchor Heather Unruh, before being handed over to the police.

Actor #KevinSpacey has arrived to court on Nantucket for hearing in the case accusing the disgraced actor of groping a young man at a #Nantucket bar in 2016. https://t.co/OGcXwyLZ0l @KevinSpacey #Court #Massachusetts pic.twitter.com/cSPU5unAq3 — WCVB-TV Boston (@WCVB) June 3, 2019

“They cleansed it,” the ex-L.A. County Deputy District Attorney told a Massachusetts judge this morning, with the American Beauty actor sitting next to him. “What troubles me your honor,” Jackson added, “the Commonwealth had all this information …we suspected this manipulation had been going on.”

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In the only criminal case against the much-accused actor, Spacey is fighting allegations that he liquored up and groped his 18-year-old accuser at local Nantucket bar the Club Car on July 7, 2016. An addition to the potential bombshell revelation of evidence erasing, there were other matters before the court in the Spacey case – specifically getting a timely trial date.

Pushing aside an attempt by Jackson to get the trial started in the next couple of months, District Court Judge Thomas S. Barrett said that because of the court schedule it would be “maybe October or November” at best. “Every day that this goes on without resolution, he suffers,” Jackson told the judge, referring to Spacey.

At times today, Spacey became quite emotional, with Jackson stopping to lean over and speak to the Oscar winner.

“They kept it from us,” the defense lawyer passionately added on the matter of the smart phone deletions. Getting a lame pushback at best from the other side and unsure if the data can be fully retrieved, Jackson noted the prosecution knew the screenshots that played a big part in the accusations were first brought to light in late 2017.

“The extradition report is inaccurate,” the LA-based attorney stated in his pursuit of the “actual forensic download,” which is also known as a mirror image. In addition, Spacey’s side want the accuser’s phone itself and Heather Unruh’s phone too.

Today’s pretrial hearing launched off a May 31 filing by his client’s accuser and family which went “to great lengths to remove text messages that he believes did not fit his narrative.” Last week, Barrett ordered all video from the bar in question from July 7 and July 8, 2016 handed over to the lawyers.

The fireworks started early Monday with Spacey showing up for what is his only appearance in the case after being formally charged in January and entering a not guilty plea to the felony count.

The next hearing in the case has been set for July 8. Barrett has premised that he will rule on the defense’s requests before then.