The man who claims that actorKevin Spaceygroped him at a Nantucket bar in 2016, when he was 18, spoke out publicly for the first time at a hearing Monday in Nantucket District Court.
Spacey’s attorney, Alan Jackson, asked the judge to dismiss the case immediately, saying if the accuser does not testify — coupled with the missing phone — proceeding with the case would be a waste of time and money for all involved.
Barrett said that while the criminal charges against Spacey, 59, for indecent assault and battery “may well be dismissed,” they were “not going to be dismissed today.” Spacey has pleaded not guilty to the charges.
The next hearing—– provided the case continues — is on July 31.
Prosecutor Brian Glenny told the judge he and his colleagues “certainly have to consider” whether they want to proceed with the case, but were not prepared to do so on Monday.
Unruh and the accuser’s father, William “Nick” Little, both took the stand Monday and both claimed they had not seen the phone since it was turned over to the police on Dec. 29, 2017. But State Police Trooper Gerald Donovan testified at the hearing that the phone was returned to the family on Dec. 18, 2017.
Unruh admitted to deleting some videos from her son’s phone before handing it over to police — more than a year after the alleged incident — but stated that the videos she deleted had nothing whatsoever to do with the case, and involved use of inappropriate language and drinking/partying.
When asked about how many images she had deleted, Unruh said “Not many … [just] a couple of things that concerned me and I spoke to Will about … I don’t know a mom out there who would not do that.”
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“He did the case a great disservice,” former prosecutor Vince DeMore, a principal with Boston-based West Hill Associates who has been following the case, tells PEOPLE.
DeMore says that while the disappearance of the cell phone from the night of the alleged incident is important, the accuser pleading the fifth puts “the future of the case very much in doubt” and that a motion to dismiss could be filed before the hearing on July 31.
“The case rises and falls on the victim’s testimony,” he says. “If the victim doesn’t testify, then there is no case.”
The accuser said Spacey’s alleged touching went on for about three minutes and that he tried to move away, to no avail, according to the reports. He said that he fled when Spacey went to the bathroom.
News about the charge against Spacey broke the same day that the actorreleased a video— portraying his deceasedHouse of Cardscharacter,Frank Underwood— in which he alluded to themultiple sexual assault allegationsagainst him, and maintained his innocence.
“Of course, some believed everything and have just been waiting with bated breath to hear me confess it all,” Spacey said in the video shared to his social channels. “They’re just dying to have me declare that everything said is true and that I got what I deserved. Wouldn’t that be easy if it was all so simple? Only you and I both know it’s never that simple, not in politics and not in life.”
He said, “I can promise you this: If I didn’t pay the price for the things we both know I did do, I’m certainly not going to pay the price for the things I didn’t do.”
source: people.com
