There’s been a new development in Kevin Spacey’s Nantucket sexual assault court case, and I’m not talking about Kevin Spacey trying out some new synthetic hair. Kevin has been spending his time dealing with court hearings regarding a felony sexual assault, a charge he pleaded not guilty to. But The New York Times is saying that the hearings might be over, because the judge has reportedly warned the case could be dismissed due to missing text messages.
Kevin is currently squaring off in court against the son of former Boston WCVB-TV news anchor Heather Unruh. The accuser, who was 18 at the time, claims that Kevin groped him while he was working as a bus boy at the Club Car Restaurant in Nantucket in 2016. The accuser claimed that Kevin grabbed his penis inside his pants several times and pressured him to join Kevin in his hotel room. The accuser claimed to have texted his friend that Kevin allegedly grabbed his penis “like eight times.”
The Times says that Kevin’s lawyer, Alan Jackson, has been trying to get the accuser’s phone as evidence. Alan believes that the text messages the accuser sent on the night of the alleged incident were vital to the case. The accuser, who identifies as straight, allegedly texted his girlfriend after it happened. Last month, the accuser’s lawyer Mitchell Garabedian claimed the phone was missing. The hearing’s judge ordered that if the phone wasn’t located by yesterday, then the accuser and his parents would have to appear in court to explain where it is.
Heather Unruh delivered the phone to police as evidence in December 2017, and it was given back to her later. However, where the phone went when she got it back is anyone’s guess, apparently. No one can find it. But there are copies of certain text messages sent from the accuser to his girlfriend, and members of a group chat. But according to The Times, multiple messages appear to have been deleted. Thankfully (or, unfortunately, depending on which side you’re on), we live in a time of backups and the cloud. So a backup of the accuser’s phone was found on his computer. However, it’s not known if the backup contains the alleged missing messages.
Kevin’s accuser reportedly told lawyers yesterday that he did notice that some of the messages were missing, but that he had no idea where they went. He also claimed he didn’t know it was a crime to delete messages when handing over a phone as evidence. When they returned from a break, the accuser pleaded the Fifth and didn’t answer anymore questions. Heather took the stand and admitted that she deleted some texts that “concerned” her as a mother. But she swears she didn’t delete anything she thought was relevant to the case. The accuser’s father took the stand and swore neither he, his wife, or their son have destroyed the phone or intentionally gotten rid of it.
Kevin’s lawyer argued that text messages might have been deliberately deleted to cover up that Kevin’s “flirting” was consensual.
The Times says the judge warned that pleading the Fifth is basically refusing to testify, and that if Kevin’s accuser refuses to testify further, then the case could be dismissed. The next hearing has been scheduled for July 31st.
Last week, the accuser dropped his civil lawsuit against Kevin Spacey. His lawyer Mitchell Garabedian claimed it was dropped because he’s on an “emotional roller coaster.”
Unless there’s a retired dog out there with a nose for tech devices, I’m not sure how they’re going to find that phone. And if Kevin’s accuser continues to live vicariously through the lyrics of “Our Lips Are Sealed,” then it looks like this case could be dismissed. And this means good news for Kevin Spacey. Well, at least good news when it comes to the accusations in Nantucket. I bet his lawyer got a call first thing this morning. “Alan Jackson! It’s Kevin. Great news – I feel like celebrating! Now, I’ve heard of this man from Nantucket whose…well, I don’t want to get into it over the phone. Listen, can you tell me in which bar I might find him?”