Nantucket, Massachusetts: The sexual assault charges against actor Kevin Spacey in a Nantucket criminal case have been dropped, according to a court document filed by Cape and Islands District Attorney Michael O’Keefe.
An 18-year-old man, the son of former WCVB anchor Heather Unruh, accused the former “House of Cards” star of groping him at a Nantucket bar.
During a July 8 court hearing, the accuser decided to invoke the Fifth Amendment after being pressed by Spacey’s attorney about a missing cellphone containing messages that may be relevant to the case.
Unruh and the accuser’s father, Nick Little, both testified during the July 8 hearing that they did not know where the phone was.
On July 14, O’Keefe said the 18-year-old, his family and his attorney met in the district attorney’s office to discuss their options. The accuser was told that if he chose to continue to invoke his Fifth Amendment right, the case would not be able to go forward. After privately consulting with his lawyer, the 18-year-old chose not to waive his Fifth Amendment right.
As a result, the Commonwealth decided to dismiss the charges against Spacey, according to O’Keefe.
“My client and his family have shown an enormous amount of courage under difficult circumstances,” said Mitchell Garabedian, the attorney for the accuser.
During her testimony, Unruh admitted she was concerned about the contents of her son’s phone, including offensive language from his Venmo account, and deleted some content.
“I was a mother who was looking through her son’s phone for the first time and I saw things that concerned me,” Unruh testified, maintaining she did not delete anything relevant to the case.
Little testified that he never told his son to delete any text messages and said he was not aware of anyone deleting messages.
The family dropped its civil case against Spacey on July 5 “with prejudice,” meaning that it cannot be refiled.
Garabedian said his clients dropped their civil case because of the “emotional roller coaster” that the family has been on. Unruh said on July 8 that the case was not dropped because of a settlement.
Spacey pleaded not guilty to that charge in January and his lawyers have called the accusations “patently false.”
The case came to light when Unruh said Spacey got her son drunk and then sexually assaulted him in July 2016 at The Club Car restaurant and bar.