The Latest: Spacey accuser invokes right not to testify
NANTUCKET, Mass. (AP) — The Latest on the case accusing Kevin Spacey of groping a young man at a Nantucket bar in 2016 (all times local):
The man who accused Kevin Spacey of groping him at a resort island bar in 2016 has invoked his Fifth Amendment right not to testify, prompting the actor’s lawyer to call for the case to be dismissed.
The man was questioned Monday by Spacey’s lawyer about a cellphone he used that night but that he now says is missing before asserting his right against self-incrimination.
The judge said the man’s previous testimony would be stricken from the record.
Spacey’s lawyer said the case is “compromised” and needs to be dismissed.
The judge said that the case would be difficult for prosecutors if the accuser refuses to testify at trial and said the case “may well be dismissed for the reasons indicated” but said he wouldn’t dismiss the case now.
The man who accused Kevin Spacey of groping him at a bar has denied deleting or altering text messages about the alleged 2016 assault.
The man’s lawyer said Monday they cannot find the phone but have recovered a copy of its contents that were backed up to a computer.
The judge ordered the accuser to take the stand Monday after he failed to turn over the phone to the defense. Spacey’s lawyers say texts that would help the actor’s case were deleted before screenshots of conversations were sent to an investigating officer.
The accuser said he gave police what he had “available” to him “at the time” and did not manipulate the screenshots. The man said he has “no knowledge of any deletions of messages.”
Spacey has pleaded not guilty to indecent assault and battery.
A lawyer says the man who accused Kevin Spacey of groping him at a bar dropped his civil lawsuit against the actor because the accuser is on an “emotional rollercoaster.”
Attorney Mitchell Garabedian told a judge on Monday that the accuser dropped the lawsuit because the man wanted only “one rollercoaster ride at a time,” and the criminal case against Spacey is “enough.”
The accuser voluntarily dismissed the lawsuit last week without explanation just days after it was filed.
Spacey still faces a criminal charge of indecent assault and battery. He denies the allegations.
Garabedian also told the judge his client cannot find the phone the accuser used the night he says Spacey groped him in 2016. The judge had ordered the accuser to turn the phone over to the defense by Monday.
The man who accused Kevin Spacey of groping him at a bar could be forced to testify about what happened to a cellphone wanted by the defense.
A Massachusetts judge has ordered the accuser, his parents and his lawyer to appear in court Monday if the phone cannot be found by then.
The accuser’s lawyer said last month that the phone was missing and they were trying to find backup copies of its contents.
Spacey’s lawyers say they need the phone to try to recover texts they claim were deleted and would help Spacey’s defense.
Spacey is accused of groping the then 18-year-old man in Nantucket in 2016. Spacey has pleaded not guilty to a charge of indecent assault and battery.
The accuser dropped a civil lawsuit against Spacey last week.