Nantucket - Kevin Spacey's accuser in a Nantucket sexual assault case invoked his Fifth Amendment rights in Nantucket District Court Monday. The accuser had been summoned to a hearing regarding his missing cell phone and its contents.
The young man's attorney, Mitchell Garabedian, told the judge that the accuser was unable to locate his cell phone. The judge had ordered that the cell phone be turned over to State Police to allow Spacey's lawyers a chance to recover text messages which Spacey's team believes would support his innocence. The actor is accused of groping the then-eighteen-year-old young man three years ago at a Nantucket bar.
The accuser and his mother, former Boston news anchor Heather Unruh, say they gave a phone to prosecutors in November 2017 and have never received the phone back. State Police Trooper Gerald Donovan reports that he returned the phone to the family on December 28, 2017. Trooper Donovan did not get a written receipt but State Police Sergeant Scott Brightman testified that he watched Trooper Donovan return the cell phone.
Following the accuser's invocation of the Fifth Amendment, the judge ordered the man's previous testimony to be stricken from the record. Spacey's lawyer stated then that the case is "compromised" and should be dismissed.
The judge responded that it would be a difficult case for the prosecutors if the accuser refuses to testify in the trial and the case "may well be dismissed for the reasons indicated" but stated he would not dismiss the case at this point in time.
Last Friday, Spacey's accuser dropped his civil lawsuit against the actor. Today Attorney Garabedian said his client dropped the civil case due to emotional stress.