The case of sexual assault of Kevin Spacey could be filed, said the judge

A judge said Monday that a case of badual badault against the actor Kevin Spacey could be filed after the young man accusing Spacey of petting him invoked the Fifth Amendment when he died. 39, a hearing on his missing phone.

The man was invited to testify Monday about the text messages he sent and received on the night of July 2016 in which he met Spacey at a Nantucket restaurant. Spacey's attorney argues that the young man removed text messages that could confirm Spacey's claim that everything that happened that night was a consensual flirtation.

After the attorney, Alan Jackson, told the man that he could be charged with a crime for suppressing evidence, the man invoked his constitutional right to protect himself from harm. 39; selfincrimination.

Judge Thomas S. Barrett, of the Nantucket District Court, then stated that the case "could well be closed" if the accuser continues to refuse to testify.

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"The case revolves around this individual and without him, the Commonwealth would have a hard time fleeing," said Barrett. He did not file the case on Monday but gave prosecutors a chance to decide how to respond to the summons of the Fifth Amendment's accused.

Spacey, 59, who was not in court Monday, faces a charge of indecent badault and badault. He is accused of having rubbed the young man's penis at a Nantucket restaurant, the Club Car, where the man, 18 years old at the time and who was now 21, was working as street boy.

In trying to prove Spacey's innocence, the defense attorney asked to have access to the man's phone, but last month, the lawyer for this man, Mitchell Garabedian , told the court that the phone was gone. Barrett had ordered that if the phone was not located on Monday, the young man and his parents would have to go to court to explain where he was.

In the courtroom Monday, Jackson interrogated the accuser about missing messages. The young man said that he had noticed that part of the conversation was gone but that he did not know how he had disappeared.

Jackson then asked the young man whether he had realized that amending evidence that could be used in a prosecution was a crime punishable by a prison term.

The audience then took a break. Subsequently, it was announced that the accuser would plead the fifth.