Man who says Spacey groped him invokes right not to testify

The man who accused Kevin Spacey of groping him at a Massachusetts resort island bar in 2016 asserted his Fifth Amendment right against self-incrimination and refused to testify Monday after being questioned about text messages Spacey's defense claims were deleted.

The man’s decision not to testify caused the judge to question the viability of the case against the two-time Oscar winner, whose career collapsed in 2017 amid a string of sexual misconduct allegations.

Spacey’s accuser was ordered to take the stand after he said he lost a cellphone sought by the defense. The accuser, speaking publicly for the first time, said he gave police what he had “available” to him “at the time” and did not alter any of the messages. “I have no knowledge of any deletions of messages on my phone,” the man said.

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.

The judge said he would not immediately dismiss the case, but acknowledged prosecutors would have a tough time bringing it to trial if the man won’t testify. Judge Thomas Barrett said “The matter may well be dismissed for the reasons indicated”.

The man’s cellphone has been a key issue in the case against Spacey, who is accused of groping the then 18-year-old at a popular Nantucket bar and restaurant, where the man worked as a busboy.

The allegations were first made in 2017 by the man’s mother, former Boston TV anchor Heather Unruh. Unruh told investigators that she deleted items concerning her son’s “frat boy activities” from the phone before giving it to authorities. She acknowledged Monday deleting things that “concerned” her.

Spacey’s lawyer indicated that the defense would file a written motion to dismiss the case in the coming days. The judge set another hearing for July 31.



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