The actor was accused of sexually assaulting an 18 -year-old man at a Massachusetts resort island bar in 2016
Prosecutors lowered a case on Wednesday accusing Kevin Spacey of fondling a young man at a resort island barroom in 2016, after the accuser refused to testify about a missing cellphone the protection says contains information supporting the actor’s claims of innocence.
Spacey was charged with indecent assault and battery last year in the only criminal case that has been brought against the actor since his career collapsed amid a batch of sex misbehaviour charges. The two-time Oscar winner was among the earliest and biggest epithets to be ensnared in the #MeToo movement against sexual assault and harassment that brush across the entertainment and other industries.
Spacey denies fondling the three men, whose father firstly moved public with the allegations in 2017. A phone content searching remark was left with Spacey’s lawyer.
The actor’s accuser was ordered to take the stand earlier this month after he said he lost the cellphone he utilized the evening of the alleged groping. The protection said it needed the phone to recover deleted text contents it said would help Spacey’s case.
The man denied deleting messages or manipulating screenshots of discussions he provided to investigators. But when he was pressed by the defense about whether he knew that adjusting prove constitutes a crime, he invoked his fifth amendment right against self-incrimination, and the magistrate said his testimony would be stricken from the record.
The judge then wondered how lawyers would be able to bring Spacey to test if the accuser continued to refuse to testify, and prosecutors told the judge they needed time to decide how to proceed.
On Wednesday, the Cape and Island district attorney, Michael O’Keefe, said in court the documentation that they were fell service charges” due to an unavailability of the complain witness “.
Prosecutors said in an emailed statement that they met with the man and his solicitor on Sunday and told me that if he would not testify in further proceedings, they could not move forward with the example. The boy” elected not to waive his right under the fifth amendment”, lawyers said.
Prosecutors said they could further pursue the suit and grant the accuser exemption but then they would need more than his uncorroborated testimony.
Furthermore,” a grant of immunity compromises the witness to a degree which, in such cases where the credibility of the witness is paramount, stimulates the further prosecution indefensible”, they said.
Mitchell Garabedian, a solicitor for the accuser, said in email that the man and their own families” has been demonstrated a huge amount of mettle under difficult circumstances “. Garabedian said he had no further comment.
The hearing at which the accuser testified came periods after the man abruptly dropped a litigation he had just recently filed against the actor that try shatterings for” severe and permanent mental distress and emotional traumata “. The suit was dismissed” with prejudice”, necessitating it cannot be refiled.
The man did not receive a village to lower the civil lawsuit, his mother said. His lawyer said he plummeted it because he was emotionally overwhelmed and craved simply” one rollercoaster ride at a time” and so chose to focus on the criminal case.
The man’s mother, the former Boston TV anchor Heather Unruh, alleged in 2017 that Spacey got her son drunk and sexually assaulted him at the Club Car, a barroom on Nantucket where the teen ran as a busboy.
The man told police he went over to talk to Spacey after his switching because he wanted to get a picture with the former House of Card star. He said Spacey bought him several boozes and tried to persuade him to come home with him before unzipping the man’s gasps and fondling him for about three minutes.
Unruh’s son told police he tried to move Spacey’s hands, but the groping continued, and he didn’t know what to do because he didn’t want to get in trouble for drinking because he was underage. The guy “says hes” fled when Spacey came to the bathroom.
Shortly after Spacey was charged, he posted a video on YouTube in the voice of his House of Card character who was killed off after the sex misconduct charges emerged, saying ” I’m certainly not going to pay the price for the thing I didn’t do .” Spacey has faced several other accusations.
His first accuser, the actor Anthony Rapp, said Spacey clambered on top of him on a bunked when Rapp was 14 and Spacey 26. Spacey said he did not remember such an encounter but apologized if the allegations were true.
The Associated Press does not typically name people who say they are the victims of sexual assault unless they identify themselves publicly. Rapp has; Unruh’s son has not.