A criminal sexual assault case against actor Kevin Spacey may be thrown out of court after his accuser, who was asked to testify about his missing phone, invoked the Fifth Amendment.
“The man was asked to testify on Monday regarding text messages he sent and received on the night in July 2016 that he encountered Mr. Spacey at a Nantucket restaurant,” The New York Times reports, noting that the man has accused Spacey of fondling him.
“Mr. Spacey’s lawyer contends that the young man had deleted text messages that could back up Mr. Spacey’s assertion that whatever happened that night was consensual flirtation,” The Times reports. “After the lawyer, Alan Jackson, told the man that he could be charged with a felony for deleting evidence, the man invoked his constitutional right to protect himself from self-incrimination.”
The report quotes Judge Thomas S. Barrett of Nantucket District Court saying the case “may well be dismissed” if Spacey’s accuser continues to refuse to testify.
“The case revolves around this individual and without him the commonwealth will have a tough row to hoe,” Judge Barrett is quoted saying.
“He did not dismiss the case on Monday, but gave prosecutors a chance to decide how to respond to the accuser’s invocation of the Fifth Amendment,” The Times reports, adding: “Mr. Spacey, 59, who was not in court on Monday, faces one count of indecent assault and battery. He is accused of rubbing the young man’s penis at a Nantucket restaurant called the Club Car, where the man, who was 18 at the time and is now 21, was working as a busboy.”