Smartphone in Kevin Spacey Sexual Assault Case Is Missing, Lawyer Says

Defense preparations for Kevin Spacey’s sexual assault trial have centered on acquiring the cellphone a younger man was carrying the night time he stated Mr. Spacey fondled him in a Nantucket restaurant in 2016.

But the accuser’s lawyer stated in a submitting in Nantucket District Court on Wednesday that the telephone, which the protection claims might comprise proof supporting Spacey’s innocence, is misplaced.

A decide had ordered the telephone be given to the protection for forensic examination, however the lawyer, Mitchell Garabedian, wrote in a court docket doc that the accuser doesn’t recall having seen the telephone since round December 2017, when it was turned over to the police. According to Mr. Garabedian, the police stated the accuser’s father later retrieved the telephone, however the father has “no reminiscence” of getting acquired it.

The accuser and his household “have searched all of the locations the place such a telephone might have been saved,” Mr. Garabedian wrote. “They haven’t discovered the telephone.”

Because the telephone is lacking, the decide postponed a court docket listening to deliberate for Friday, June 21, to July eight. If the telephone is just not turned over by then, the decide stated, the accuser can be requested to testify about its whereabouts. Mr. Garabedian, who declined to remark past his submitting, wrote that the household deliberate to have a “digital forensic skilled” seek for backups of the telephone’s contents.

R. Michael Cassidy, a legislation professor at Boston College, stated that the telephone’s disappearance might have important penalties for the prosecution if the decide determines that officers related to the case had been at fault. If the decide had been to find out that officers had intentionally disposed of the telephone, he may dismiss the case — which Professor Cassidy stated was unlikely — or he may inform the jury that it might maintain the telephone’s disappearance in opposition to the prosecution when contemplating the proof.

A spokeswoman from the Cape and Islands district legal professional’s workplace declined to remark, saying that the case “can be prosecuted within the courtroom, not the media.”

In 2016, the accuser was an 18-year-old busboy working on the Club Car, a restaurant and bar in Nantucket. More than a yr later, he instructed investigators that he had been ingesting with Mr. Spacey after a shift when Mr. Spacey put his left hand on his thigh after which unzipped his pants. The accuser stated Mr. Spacey rubbed his penis for about three minutes.

The younger man’s mom, Heather Unruh, a former tv information anchor in Boston, stated at a information convention that Mr. Spacey had sexually assaulted her son, and Mr. Spacey was ultimately charged with indecent assault and battery.

The accuser’s girlfriend instructed the authorities that he had despatched her a Snapchat video displaying Mr. Spacey “touching the entrance” of his pants, by his crotch.

Mr. Spacey, 59, has pleaded not responsible and his protection lawyer has argued that the accuser welcomed the “alleged advances” as a result of he needed a “story” to inform. Mr. Spacey’s lawyer, Alan Jackson, has stated in court docket filings that investigative data recommended that the accuser had deleted textual content messages that might make clear what occurred that night time. The decide granted Mr. Jackson’s request to acquire the telephone, however denied his request for entry to Ms. Unruh’s telephone data as a result of she was not a direct witness to the occasions.

Mr. Jackson didn’t reply to requests for touch upon Wednesday afternoon.

Mr. Spacey’s skilled life foundered after a sequence of sexual misconduct allegations beginning in 2017, when the actor Anthony Rapp stated that Mr. Spacey had sexually assaulted him in 1986, when Mr. Rapp was 14. Mr. Spacey has not been charged in that case.

The trial within the Massachusetts case is predicted to happen within the fall.

More Coverage of Accusations Against Kevin Spacey Kevin Spacey Faces Felony Charge in Misconduct CaseDec. 24, 2018Kevin Spacey’s Accuser Made Video of Encounter, Massachusetts Documents SayDec. 27, 2018The Race to Erase Kevin SpaceyDec. 13, 2017

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