According to documents obtained by TMZ, prosecutors in Massachusetts have dropped the groping case against Kevin Spacey because of the complaining witness’s “unavailability.”
Last week, Spacey’s unnamed accuser plead the Fifth in court, refusing to continue giving testimony. Read more below.
Prosecutors bringing felony sex assault charges against Kevin Spacey were dealt a blow in a Nantucket courtroom today when the actor’s accuser invoked his Fifth Amendment right against self-incrimination and refused to continue giving testimony.
The accuser pleaded the Fifth when Spacey attorney Alan Jackson began questioning him about deleting exculpatory evidence from his cell phone.
It was another in a series of prosecutorial setbacks today. The hearing also revealed that the alleged victim, who claims Spacey attacked him in 2016 when he was working as a busboy at a resort, did not report the incident to police for 15 months. Investigators, meanwhile, had maintained since charging Spacey in January with indecent assault and battery that the report was made just the three months after the incident. Under questioning by Jackson, the lead investigator on the case claimed the discrepancy was the result of a “typo.”
Jackson also took issue with the fact that the accuser’s cell phone has disappeared entirely.
“The government can’t point to any documentation that follows or tracks that phone and now that it’s missing it’s on them,” he told Judge Thomas Barrett. “They’re pointing fingers at each other, there’s no receipt or documentation and guess who loses? Us. Where is the actual phone? That’s what we want that’s what we’re entitled to and we still don’t have it.”
Making things even worse for the government, on Friday the accuser dropped his civil suit against Spacey, and it was dismissed “with prejudice,” meaning it can’t be refiled at a later date.
Although Judge Barrett set another hearing for July 31, he said it’s not clear at this point whether the case will “continue or collapse.”
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