I do not think the Defense has had access to the phone. I don't know when the (I'll take my sweet time) Judge will review the information.
I thought it was a bad call by the Judge to withhold that phone due to 3rd and 4th party privacy issues. This is a felony case, the only more serious crime in North Carolina is Murder. The rights of the parties in this case supercedes privacy issues. Loan your car to someone, if the driver is murdered or the driver murders someone - see how much concern the Judge gives you for your private papers in that vehicle.
I really don't like the fact the Nifong claimed he hadn't examined the phone. What is Nifong distancing himself from? Unless you were born this morning, you know a DA with his reputation on the line examined that phone (had someone examine it).
That comment by Nifong was the moment I stopped trusting him. That entire hearing was a joke.