Kevin Spacey's groping accuser may be forced to testify

Kevin Spacey Arraigned On Sexual Assault Charge

After being pressed by Spacey's lawyer about whether he knew that altering evidence used in a prosecution is a crime, the man invoked his right against self-incrimination, and the judge said his testimony Monday would be stricken from the record. He could face up to five years in prison if convicted.

If the phone is not located by Monday, the accuser and his family could be forced to testify how and why the phone disappeared.

The accuser, William Little, has said he took a smartphone video of the incident, which he says took place when he was an 18-year-old busboy in a Nantucket bar/restaurant. "It's not going to happen today", Judge Thomas Barrett said.

The smartphone images, which Little has said he shared with a then-girlfriend, allegedly show Spacey shoving his hand into the accuser's trousers and fondling him.

Spacey's lawyer urged the judge to dismiss the case, calling it "completely compromised". Mitchell Garabedian, an attorney for the man, announced in an email Friday, July 5, that the suit filed June 26 in Nantucket Superior Court has been voluntarily dismissed. His lawyers have accused the man of lying in the hopes of winning money in a civil case against Spacey. It demanded judgment in an amount to be determined by a jury, including costs, interests and attorney fees. His mother says she also never saw the phone after that.

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The accuser said he gave police what he had "available" to him "at the time" and did not manipulate the screenshots.

Spacey's team thinks the texts don't tell the whole story, particularly because most of the texts lack time stamps and it's possible the accuser may have deleted other texts that could change the context of the convo. Spacey's legal defense has claimed the victim's mother deleted text messages on the phone before it was turned over to authorities as evidence. That's what we want.

But the phone is now missing, according to the victim's attorney Mitchell Garabedian.

Last month, the accuser's lawyer said the phone was missing and they were trying to find backup copies of its contents, but have so far been unsuccessful in their efforts.

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