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Kevin Spacey groping accuser invokes 5th, judge bars testimony

Kevin Spacey attends the Construct Sequence to debate his new play ‘Clarence Darrow’ at Construct Studio on May 24, 2017 in New York Metropolis.

Daniel Zuchnik | WireImage | Getty Photographs

The younger man who mentioned Hollywood actor Kevin Spacey obtained him drunk after which groped him in a Nantucket, Massachusetts, bar in 2016 pleaded the Fifth on Monday throughout a court docket listening to. His testimony from that listening to has been stricken from the file.

The Fifth Modification to the U.S. Structure protects witnesses from self-incrimination.

Moreover, Spacey’s protection legal professional, Alan Jackson, mentioned that the accuser’s mom, Heather Unruh, could have been watching reside protection of her son’s testimony on TV. She denied doing so throughout her testimony.

“This entire case is completely compromised,” Jackson mentioned. “This case needs to be dismissed and I believe it needs to be dismissed today.”

Nantucket District Court docket Decide Thomas S. Barrett mentioned he would give the accuser’s legal professional time to resolve the way to proceed, however acknowledged it could possibly be troublesome to prosecute with out the testimony of the alleged sufferer.

“It may be pretty hard to get around this in trial,” Barrett mentioned. “The matter may well be dismissed for the reason indicated. It’s not going to happen today.”

The accuser, alongside along with his mother and father, had been anticipated to clarify the whereabouts of a lacking telephone that’s thought of key to the prison case Monday. He invoked his Fifth Modification privileges after a recess. Simply prior, Jackson had been questioning the accuser about whether or not he or anybody else had deleted textual content messages, images or movies from his cellphone earlier than handing it over to police.

He denied deleting something from his telephone. Nonetheless, when Jackson requested if he was conscious that destroying proof is a felony underneath Massachusetts regulation, he answered, “I am now.”

His mom, nonetheless, testified that she deleted a number of movies from the telephone earlier than giving it to police. She mentioned a minimum of one in every of them contained her son getting excessive utilizing a “water pipe,” or a bong. The video had been filmed greater than a yr after the alleged incident with Spacey, she mentioned.

She additionally mentioned that the video of her son utilizing medicine was taken on a distinct cellphone than the one handed over to police, however by some means the brand new telephone was transferring images and movies to the previous telephone.

Spacey’s legal professionals alleged the telephone incorporates deleted textual content messages that present his accuser “concocted and exaggerated” the encounter with the intention to impress his mates, in response to an NBC affiliate.

The accuser mentioned his cellphone was turned over to the prosecutors in December 2017 as ordered by a decide and police notes point out it was later returned to the younger man’s father. On Monday the accuser’s father, Nick Little, testified that he didn’t recall getting the telephone again.

Massachusetts State Police Trooper Gerald Donovan, who mentioned he delivered the telephone to Little, didn’t file any paperwork about returning the telephone till June 2019.

The listening to on the Nantucket District Court docket comes simply days after the alleged sufferer dropped a civil go well with in opposition to the Academy Award-winning actor. The civil go well with in opposition to the 59-year-old Spacey was filed on June 26 in Nantucket Superior Court docket. The accuser’s go well with sought unspecified damages for “severe and permanent mental distress and emotional injuries.”

Unruh testified Monday that no settlement was paid when the civil go well with was dismissed.

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