The man who accused Kevin Spacey of groping him at a resort island bar in 2016 has invoked his Fifth Amendment right not to testify, prompting the actor's lawyer to call for the case to be dismissed.
The man was questioned Monday by Spacey's lawyer about a cellphone he used that night but that he now says is missing before asserting his right against self-incrimination.
The judge said the man's previous testimony would be stricken from the record.
Earlier Monday, the man denied before the judge deleting or altering text messages about the alleged 2016 assault. The man's lawyer said Monday they cannot find the phone but have recovered a copy of its contents that were backed up to a computer.
Spacey's lawyer said the case is "compromised" and needs to be dismissed.
The judge said that the case would be difficult for prosecutors if the accuser refuses to testify at trial and said the case "may well be dismissed for the reasons indicated" but said he wouldn't dismiss the case now.
The judge had ordered the accuser to take the stand Monday after he failed to turn over the phone to the defense. Spacey's lawyers say texts that would help the actor's case were deleted before screenshots of conversations were sent to an investigating officer.
The accuser said he gave police what he had "available" to him "at the time" and did not manipulate the screenshots. The man said he has "no knowledge of any deletions of messages."
Spacey has pleaded not guilty to indecent assault and battery.
This article was originally published on July 08, 2019.