As expected, following court testimony from Kevin Spacey’s accuser in which he pleaded the Fifth, and a missing cell phone, a sexual assault case against Spacey has been dropped. The case involving the son of Heather Unruh, a former Boston TV anchor, who claimed that Spacey groped him at a bar on Nantucket in 2016.
In January, Spacey pleaded not guilty to charges that he forcefully put his hands down the 18-year-old’s pants. Spacey also challenged the Nantucket allegations in a weird video titled “Let Me Be Frank” uploaded to an unverified YouTube account in late December.
The phone which allegedly contained evidence of the assault, was missing in the case, so Unruh, the accuser, and the accuser’s father were forced to testify about its contents.
The accuser Pleaded the Fifth and couldn’t recall how many times Unruh saw the phone, or if she asked him to delete anything on it. He said he couldn’t find certain text messages and denied having any knowledge of deletions on the phone, though in one of the three screenshots presented as evidence, half the conversation is missing.
The accuser and Unruh said they gave a cell phone to prosecutors shortly after going to the police and say they never got it back.
Their attorney, Mitchell Garabedian, provided back-up files from the accuser’s Macbook. A state trooper testified that he gave the phone back to the family, but there is no record of it. Another officer testified that he saw the state trooper give the phone back to the family.
The state trooper said that Unruh told him that she had deleted “frat boy activities” that were in the phone’s files before handing it over, and the state trooper said he took her at her word.
The judge threatened to hold the accuser’s father in contempt after he took the stand and had an outburst at Spacey’s defense attorney, and claimed that his son had shown him text messages that indicated he needed help. He also testified that he has no idea where the phone is, nor did he tell his son to dispose of it.
WBZ reports: ‘The man’s decision not to testify caused Judge Thomas Barrett to question the viability of the case against the two-time Oscar winner, whose career collapsed in 2017 amid a string of sexual misconduct allegations. On Sunday, prosecutors met with the accuser and his family to discuss the case. “The complaining witness was informed that if he chose to continue to invoke his Fifth Amendment right, the case would not be able to go forward,” O’Keefe said in a statement. The accuser said he would not waive his Fifth Amendment right, and prosecutors told him the only way to continue the case would be to “indict the defendant, immunize the complaining witness and force his testimony.” That process would make “further prosecution untenable,” O’Keefe said.’
Spacey is still facing sexual assault charges in the UK.
In November 2018, an allegation against Spacey by actor Anthony Rapp snowballed into an avalanche of similar accusations including filmmaker Tony Montana, who said that Spacey groped him in public in 2003, and the actor Roberto Cavazos.
That was followed by an as yet unnamed man who claimed Spacey raped him at 15, Unruh’s claim, and 8 crew members on House of Cards who said they were harassed by Spacey as well as a London bartender who said Spacey flashed him and then tried to shut him up with an expensive watch.