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Kevin Spacey's Lawyer Grills Sexual Assault Accuser Over Missing Phone, He Pleads The Fifth

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By Daniel Goldblatt

Kevin Spacey's attorney questioned the man who accused the actor of sexual assault in a Nantucket bar about the whereabouts of the phone he allegedly used to text friends about the incident.

During a hearing on Monday morning, Spacey's attorney, Alan Jackson, first questioned the state police trooper who led the initial investigation into the sexual assault accusation. According to Caroline Connolly of NBC Boston, Gerald Donovan testified that he returned the phone to either the victim or the victim's father but was not sure which.

Donovan said he did not have a signature on the receipt for the return of the phone so he was unable to verify who received it.

Spacey's legal team wants to examine the phone to see if any evidence from that evening has been lost.

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Jackson also questioned the trooper about why he allowed the victim's mother to delete certain things from the phone before turning it over to police. The trooper said he didn't think it was a big deal.

Spacey's accuser also testified and said he did not delete anything from the phone.

The judge in the case had set a deadline of today for the accuser to turn over the phone but he has stated he does not have it.

Spacey was not required to be at the hearing, which went to recess at the time this post was published.

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An attorney for Spacey's accuser announced last week that the civil lawsuit filed on June 26 in Nantucket Superior Court has been voluntarily dismissed.

Mitchell Garabedian, who represented the now 21-year-old man who claimed he was fondled by Spacey, did not give a reason for the dismissal or if a settlement was reached with the disgraced actor.

According to court records, the dismissal was done "with prejudice," which means it cannot be refiled.

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Spacey pleaded not guilty in January to a charge of indecent assault and battery relating to an incident in 2016 where he allegedly groped a then 18-year-old at a bar in Nantucket.

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At a show-cause hearing last December, Spacey’s lawyer argued that his accuser — the son of local news anchor Heather Unruh — did not report the incident right away and was not interviewed by investigators until a year later.

Jackson pointed out that Unruh’s son told investigators that he was the one who approached Spacey, exchanged phone numbers with him, and lied about his age (he told Spacey he was 23, not 18).

Kevin Spacey's lawyer also noted that Unruh’s son told investigators he consumed somewhere between eight and 10 drinks in a little over an hour and admitted he was so intoxicated, that he might have blacked out after Spacey allegedly groped him.

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In a hearing last month, Spacey's attorney, Alan Jackson, argued that the accuser's mother deleted information from her son's phone before handing it over to police. Spacey's legal team claimed the accuser went "to great lengths to remove text messages that he believes did not fit his narrative."

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In the second half of court, a shocking turn of events took place after the accuser testified. He decided to plead the 5th, which in this case causes all of his previous testimony to be stricken from the record.

The issue for prosecutors is that the case will be very hard to win now with no testimony from the victim.

Spacey's lawyer immediately asked for the entire case to be dismissed. “This entire case is completely compromised,” Alan Jackson said. “This case needs to be dismissed and I believe it needs to be dismissed today.”

The judge has given some time for prosecutors to decide what is next for them, saying “It may be pretty hard to get around this in trial...The matter may well be dismissed for the reason indicated. It’s not going to happen today.”

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