The man who said actor Kevin Spacey sexually assaulted him at a bar in 2016 pleaded the 5th in testimony on Monday. Now the defense is using this in a bid to get the case dismissed.
“In any criminal prosecution, the defendant has a right to cross examine his accuser. This is a devastating blow to the prosecution,” explained Law&Crime host and former prosecutor Bob Bianchi.
After 45 minutes of questioning on the stand, Spacey’s accuser now pleading the 5th. His testimony is stricken.
Spacey’s attorney is asking to dismiss the charges today.
Prosecution is asking for a week to discuss .
— Tim Caputo (@Tim_Caputo) July 8, 2019
Monday’s hearing stemmed from the alleged victim’s refusal to turn over his cell phone so the defense can look at it for any evidence which might have been deleted. The alleged victim’s attorney Mitch Garabedian said on Monday that they still can’t find it, and that the alleged victim has gone through several cell phones since the incident.
Spacey’s attorney calls this confusing chain of custody of now missing cell phone “a disaster”. State Police say they returned it after having it for about 20 days. Family of accuser says they never got it back.
— Tim Caputo (@Tim_Caputo) July 8, 2019
The man, who claimed that he was an 18-year-old bus boy when Spacey got him drunk and fondled him, testified Monday. The cell phone is key because he said he texted his girlfriend at the time, and snapchatted video to prove it.
Spacey’s accuser, now 21, was texting his then gf as well as 7 friends in a group text the night of the alleged incident. He says he’s tried to go back & find some of the conversations but can’t. Spacey’s attorney trying to hammer home someone intentionally deleted certain texts
— Tim Caputo (@Tim_Caputo) July 8, 2019
Another complication for the prosecution: the man’s mother, former TV anchor Heather Unruh, had allegedly been watching his testimony even though she was scheduled to testify after him.
Law&Crime Network host Aaron Keller told us that these developments are a big problem for the prosecution.
“It makes the case against him much, much more suspect,” he wrote. “That an accuser is now pleading the Fifth after having been asked whether he deleted messages between himself and Spacey makes him look like he’s hiding something. Also problematic are reports that the accuser’s mother watched him testify after having been sequestered from doing so.”
This isn’t to say that Unruh won’t testify. The judge could still decide she can take the stand, said Keller. Even so, the defense will likely be aggressive.
“The Massachusetts Rules of Criminal Procedure give judges a broad latitude when it comes to sequestration orders,” wrote Keller. “The judge could still allow the mother to testify if called. If she does, then I expect cross examination to be harsh.”
[Image via Scott Eisen/Getty Images]
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