Massachusetts prosecutors drop groping case against actor Spacey
BOSTON — Prosecutors dropped a case Wednesday accusing Kevin Spacey of groping a young man at a resort island bar in 2016, more than a week after the accuser refused to testify about a missing cellphone the defense says contains information that supports the actor’s claims of innocence.
Spacey was charged with indecent assault and battery last year in the only criminal case that has been brought against the actor since his career collapsed amid a slew of sexual misconduct allegations. The two-time Oscar winner was among the earliest and biggest names to be ensnared in the #MeToo movement against sexual assault and harassment that swept across the entertainment and other industries.
Spacey denies groping the man, whose mother first went public with the allegations in 2017.
The actor’s accuser was ordered to take the stand earlier this month after he said he lost the cellphone he used the night of the alleged groping. The defense said it needed the phone to recover deleted text messages it says would help Spacey’s case.
The man denied deleting messages or manipulating screenshots of conversations he provided to investigators. But when he was pressed by the defense about whether he knew that altering evidence is a crime, he invoked his Fifth Amendment right against self-incrimination, and the judge said his testimony would be stricken from the record.
The judge then questioned how prosecutors would be able to bring Spacey to trial if the accuser continued to refuse to testify.
On Wednesday, Cape and Island District Attorney Michael O’Keefe said in court documents that they were dropping the charge “due to an unavailability of the complaining witness.”
The hearing at which the accuser testified came days after the man dropped a lawsuit he had just recently filed against the actor that sought damages for “severe and permanent mental distress and emotional injuries.”
The suit was dismissed “with prejudice,” meaning it cannot be refiled.
The man did not receive a settlement to drop the civil case, his mother said.
The man’s mother, former Boston TV anchor Heather Unruh, alleged in 2017 that Spacey got her son drunk and sexually assaulted him at the Club Car, a bar on Nantucket where the teen worked as a busboy.