WHAT’S BEING CLAIMED:
- On Wednesday, a lawsuit on sexual misconduct against Kevin Spacey was dropped due to the accuser refusing to attest about a missing cellphone that will back the actor’s claims of innocence.
- Spacey who denied the allegations was charged in 2018 with indecent behavior and sexual assault.
- The accuser said he lost the phone he used during the assault incident and also denied deleting the messages that he submitted to investigators.
A case against Kevin Spacey of groping a man in 2016 at a resort bar was dropped by prosecutors on Wednesday after the accuser declined to testify about a missing cellphone which according to the defense carries information that proves the actor’s innocence.
Last year, Spacey was charged with indecent assault and battery, the only criminal case brought against him since his career came apart. He too was among the biggest names to be entangled in the #MeToo movement against sexual harassment that widely spread across the entertainment and other industries.
The two-time Academy Award winner denied ever touching the man.
Earlier this month, Spacey’s accuser was ordered to take the stand after he said the cellphone he used the night of the reported groping got lost. The defense said the phone was crucial in helping Spacey’s case.
The man also denied deleting or manipulating screenshots of conversations he gave to authorities. But when pressed if he was aware that modifying evidence is a crime, he turned to the Fifth Amendment, so the judge had his testimony stricken from records.
This led to charges against the actor being dropped on Wednesday “due to unavailability of the complaining witness,” said Cape and Island District Attorney Michael O’Keefe.
The hearing where the accuser testified occurred days after he suddenly dropped another lawsuit recently filed against the actor that sought damages for “severe and permanent mental distress and emotional injuries.” However, the suit was dismissed and can no longer be refiled.
The man’s mother, former Boston TV anchor Heather Unruh, made it clear that his son did not drop the civil case in exchange of a settlement. Rather, he dropped it because he only wanted “one roller coaster ride at a time”, so he opted to focus solely on the criminal case.
His mother also alleged that Spacey got her son drunk and sexually assaulted him at Club Car in 2017, a Nantucket bar where the teen worked as a busboy.
Days after being charged, Spacey whose “House of Cards” character was killed off after the sexual assault claims, posted a video on YouTube saying, “I’m certainly not going to pay the price for the thing I didn’t do.”