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