Kevin Spacey indecent assault case dismissed as alleged victim pleads the fifth

Kevin Spacey’s criminal case has been dismissed (Picture: WireImage)

Prosecutors in Massachusetts have dropped a criminal case against Kevin Spacey.

Cape & Islands District Attorney Michael O’Keefe said in a court filing that he was filing ‘due to the unavailability of the complaining witness’.

The 59-year-old American Beauty actor was accused of indecent assault and battery in connection with an allegation he groped a young man in a bar in July 2016.

Spacey has always denied the allegations.

In examining evidence obtained from a phone, text messages sent by the accuser at the time of the alleged encounter claimed that the actor grabbed the young man’s ‘d**k eight times’.

The text messages were sent to his girlfriend and friends, and read: ‘He’s hanging around me in the bar. He got my number and asked me to come out with him.’

The girlfriend replied: ‘Sounds like he’s hitting on you.’

Kevin Spacey attends arraignment for sexual assault charges (Picture: Getty)

The actor’s lawyers alleged the texts that were filed did not include the entire conversations nor time stamps.

The entertainers attorney’s previously urged the court to release a ‘complete and unaltered’ copy of the accusers cellphone, adding that newly produced evidence shows that he ‘deleted exculpatory text messages and provided falsified screenshots of his conversation from the night in question to law enforcement’.

However earlier in July the man, who was 18 at the time of the alleged assault, insisted that he hadn’t deleted anything but after consulting with his lawyer opted to exercise his Fifth amendment right against self-incrimination.

Judge Thomas Barrett agreed he had the right to take the Fifth but said his testimony will be stricken.

The prosecution explained they had obtained the data and shared it with the defence, before the phone was returned and the data went missing.

When asked, the alleged victim admitted he didn’t know it was a crime to delete messages.

It emerged screen shots of texts given to police didn’t entirely match data recovered from the forensic image, while the lead investigator on the case testified the data had been altered on the phone.

The family’s attorney, Mitchell Garabedian, later wrote in a court filing that ‘neither the alleged victim, his mother, former WCVB anchor Heather Unruh, nor the victim’s father remembered ever receiving the phone back from police’.

The Cape and Islands District Attorney’s Office has since demanded that all police detectives in the state get receipts when returning evidence to victims.

‘Going forward we have directed the Cape & Islands State Police Detective Unit to get receipts for returned evidence even from cooperating witnesses,’ Assistant District Attorney Tara Miltimore said in a statement.

It comes after the alleged victim recently dropped a civil lawsuit against the actor, after claiming the alleged encounter left him with ‘severe and permanent mental distress and emotional injuries’.

Spacey – who has been accused of misconduct by several men, and has in turn denied them all – was fired from Netflix drama House Of Cards following the allegations.

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