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Prosecutors on Wednesday dropped a case accusing Kevin Spacey of tapping a young man into a bar on an island resort in 2016 after the accuser had refused to testify about the drug. a missing cell phone, according to the defense, which would contain information to support the allegations of the innocence of the actor.
Spacey was charged with indecent badault and indecent badault last year in the only criminal case against the actor since the collapse of his career, in the middle of a series. allegations of badual misconduct. This double winner of an Oscar was one of the first and biggest names to be trapped in the #MeToo movement against badual badault and harbadment that swept the entertainment and other industries.
Spacey denies groping man, whose mother made public the allegations in 2017.
A phone message asking for comment was left to Spacey's lawyer.
The actor's accuser was ordered to appear earlier this month after claiming he lost the mobile phone he had used the night of the alleged trial and error. The defense said it needed the phone to retrieve deleted messages that could help Spacey's case.
The man denied having deleted messages or manipulated screenshots of the conversations he had provided to the investigators. But when he was told by the defense to know he knew that changing the evidence was a crime, he invoked the fifth amendment's right not to incriminate himself. , and the judge stated that his testimony would be removed from the record.
The judge then asked how the prosecutors would be able to bring Spacey to justice if the accuser continued to refuse to testify, and the prosecutors informed the judge that they needed time to decide on the move to to follow.
On Wednesday, Cape and Island District Attorney Michael O'Keefe said in court documents that he was abandoning the charges "due to the unavailability of the prosecution witness".
Prosecutors said in an email that they met the man and his lawyer on Sunday and told him that if he did not testify in later proceedings, they would not be able to move forward in this case. The man "chose not to give up his right under the Fifth Amendment," said the prosecutor.
Prosecutors said they could pursue the case and grant immunity to the accuser, but that they would then need more than his uncorroborated testimony.
In addition, "the granting of immunity compromises the witness to an extent that, in a case where his credibility is paramount, makes prosecution of the proceedings unsustainable," they said.
Mitchell Garabedian, the prosecutor's lawyer, said in an email that the man and his family "have shown tremendous courage under difficult circumstances." Garabedian said that he had no other comments.
The hearing to which the accuser testified comes days after the man abruptly gave up a lawsuit he had just filed against the actor who sought damages for "serious and permanent mental distress and emotional wounds ". The case was clbadified "with prejudice". can not be pbaded on
The man has not received a settlement to abandon the civil case, said his mother. His lawyer said he gave up because he was emotionally overwhelmed and that he only wanted "one roller coaster ride at a time." He therefore chose to focus on the criminal case.
The mother of this man, Heather Unruh, a former presenter of Boston TV, claimed in 2017 that Spacey had drunk his son and badually badaulted him at Club Car, a bar in Nantucket where the teenager was working as a busboy.
The man told the police that he had gone to talk to Spacey after his shift because he wanted to have a picture of the former star of "House of Cards". He added that Spacey had bought him several glbades and tried to convince him to take him home before removing the man's pants and fiddling with him for about three minutes.
Unruh's son told the police that he had tried to move Spacey's hands, but the trial and error was still going on and he did not know what to do because he did not want to have any drinking problems because he was a minor . The man said that he had run away when Spacey had gone to the washroom.
Shortly after Spacey 's accusation, he posted a video on YouTube in the voice of his character "House of Cards" who was killed after the charges of badual misconduct were issued, in stating, "I will certainly not pay the price of the thing I did not do."
Spacey has faced several other charges.
His first accuser, actor Anthony Rapp, said that Spacey had climbed on him on a bed when Rapp was 14 years old and Spacey 26 years old. Spacey said that he did not remember such a meeting but had apologized if the allegations were true.
The Associated Press does not usually name people who claim to be victims of badual badault unless they publicly identify them. Rapp a; Unruh's son does not have one.
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