As we wrote on June 4, actor Kevin Spacey and his attorney made spoliation claims against the accuser. This week, NBC News reported that the accuser has invoked his Fifth Amendment right in regards to testifying about the missing cellphone evidence. Counsel for the accuser told Judge Thomas Barrett of the Nantucket District Court that they have been unable to find the missing phone.
While on the stand, the accuser stated that he had not altered or deleted potential evidence on the phone in question back in 2016. Spacey’s defense attorney, Alan Jackson, reminded the accuser that altering evidence is a felony.
In response to the invocation of the Fifth Amendment, defense counsel argued that the entire case should be dismissed. As of now, Judge Barrett has not dismissed the case but did mention that the case could be dismissed due to the sole witness invoking his Fifth Amendment rights and not being able to testify. The judge set the next hearing for July 31.
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