i would agree with that, yes. reporter: the attorney questioning why the accuser didn t walk away and instead was texting and even snapchatted video of the alleged incident. what the video shows is a person s hand make contact with the shirt, correct? yes. okay. not any body part? correct, you don t see any body parts. reporter: the defense attorney pointing out that the accuser told spacey he was 23 when he says spacey bought him multiple drinks. now, tom, that accuser did not immediately report the alleged incident, but according to that police report, he did tell family and friends right away. now, spacey denies the allegations, but if convicted, he faces up to five years in prison. tom? matt gutman with those new developments tonight. matt, thank you. we turn now to the death of a second child in u.s. custody along the mexican border. the mother of 8-year-old felipe alonzo-gomez from gas guatemala
spacey s then 18-year-old accuser. spacey breaking his silence this week with a bizarre video portraying his character from the tv show house of cards. a warning, some of the language is graphic in this next story. here s abc s chief national correspondent matt gutman. reporter: tonight, we learn that days before kevin spacey ended his year of silence with this cryptic video and my confidence grows each day that soon enough, you will know the full truth. reporter: his attorneys argued in a massachusetts court that there wasn t enough evidence for the former house of cards star to be charged with indecent assault on an 18-year-old man. abc news has obtained a recording of that hearing. spacey s attorney, alan jackson, questioning the officer who took the testimony of the accuser, who claims that spacey groped him in a bar in 2016. if we were to stand and count off three minutes, you would agree, trooper, that s an incredibly long time to have a strange man s hands in your
appeared in a colorado courtroom this afternoon. the man accused of killing his fiance, kelsey berreth, now in a battle over the couple s daughter. frazee coming face-to-face with berreth s grieving parents during a closed hearing. late today, sheryl and daryl berreth left court after a judge granted them temporary custody of their 14-month-old granddaughter, kaylee. 29-year-old berreth was last seen shopping with kaylee thanksgiving day. patrick, why don t you talk to us? kaylee was with her father until he was arrested last friday. on a charge of first degree murder. you see him? he s in cuffs. frazee also facing a charge of solicitation to commit suggesting police believe he did not act alone. patrick, did you have an accomplice? did somebody help you? reporter: today s emergency custody hearing was scheduled shortly after frazee was arrested for berreth s murder. he ll be back in court on those charges monday. tom? clayton, thank you. news tonight in the sex assault case ag