Prosecutors dropped a case Wednesday accusing Kevin Spacey of groping a younger man at a resort island bar in 2016, greater than every week after the accuser refused to testify a couple of lacking cellphone the defence mentioned accommodates data that helps the actor’s claims of innocence.

Spacey was charged with indecent assault and battery final 12 months in the one prison case introduced in opposition to the actor since his profession collapsed amid a slew of sexual misconduct allegations. The 2-time Oscar winner was among the many earliest and largest names ensnared within the #MeToo motion in opposition to sexual assault and harassment that swept throughout the leisure and different industries.

Spacey denies groping the person, whose mom first went public with the allegations in 2017.

A cellphone message in search of remark was left with Spacey’s lawyer.

The actor’s accuser was ordered to take the stand earlier this month after he mentioned he misplaced the cellphone he used the evening of the alleged groping. The defence mentioned it wanted the cellphone to get well deleted textual content messages it mentioned would assist Spacey’s case.

The person denied deleting messages or manipulating screenshots of conversations he offered to investigators. However when he was pressed by the defence about whether or not he knew that altering proof is against the law, he invoked his Fifth Modification proper in opposition to self-incrimination, and the decide mentioned his testimony could be stricken from the document.

The decide then questioned how prosecutors would have the ability to carry Spacey to trial if the accuser continued to refuse to testify, and prosecutors instructed the decide they wanted time to resolve the way to proceed.

On Wednesday, Cape and Islands District Legal professional Michael O’Keefe mentioned in court docket paperwork that they have been dropping the cost “on account of an unavailability of the complaining witness.”

Accuser drops civil case

The listening to at which the accuser testified got here days after the person abruptly dropped a lawsuit he had only in the near past filed in opposition to the actor that sought damages for “extreme and everlasting psychological misery and emotional accidents.” The swimsuit was dismissed “with prejudice,” that means it can’t be refiled.

The person didn’t obtain a settlement to drop the civil case, his mom mentioned. His lawyer mentioned he dropped it as a result of he was emotionally overwhelmed and wished solely “one curler coaster experience at a time” and so selected to deal with the prison case.

The person’s mom, former Boston TV anchor Heather Unruh, alleged in 2017 that Spacey obtained her son drunk and sexually assaulted him on the Membership Automotive, a bar on Nantucket, Mass., the place the teenager labored as a busboy.

Heather Unruh reacts as she testifies at a listening to in Nantucket District Courtroom, in Nantucket, Mass., on July 8. She alleges Spacey obtained her son drunk and sexually assaulted him whereas the teenager was working as a busboy in 2017. (Merrily Cassidy/Pool/Reuters)

The person instructed police he went over to speak to Spacey after his shift as a result of he wished to get an image with the previous Home of Playing cards star. He mentioned Spacey purchased him a number of drinks and tried to influence him to return dwelling with him earlier than unzipping the person’s pants and groping him for about three minutes.

Unruh’s son instructed police he tried to maneuver Spacey’s palms, however the groping continued, and he did not know what to do as a result of he did not wish to get in hassle for consuming as a result of he was underage. The person mentioned he fled when Spacey went to the toilet.

Shortly after Spacey was charged, he posted a video on YouTube within the voice of his Home of Playing cards character who was killed off after the sexual misconduct allegations emerged, saying “I am actually not going to pay the worth for the factor I did not do.”

Spacey has confronted a number of different accusations.

His first accuser, actor Anthony Rapp, mentioned Spacey climbed on high of him on a mattress when Rapp was 14 and Spacey 26. Spacey mentioned he didn’t keep in mind such an encounter however apologized if the allegations have been true.

The Related Press doesn’t usually title individuals who say they’re the victims of sexual assault except they establish themselves publicly. Rapp has; Unruh’s son has not.