They don't have his records, hence they must be operating only on the testimony of the person they have already jailed which should be suspect regardless.
So why should the prosecution get a free pass, if they are using cell phone records to prosecute the the other men but don't have any to tie Brown to the area they should be able to just assume his guilt. Its not like Brown lost the records. Apparently he is being prosecuted for not having a phone they could trace.