Kevin Spacey’s accuser takes stand today over missing cell phone, speaks publicly for first time – CBS News

A man who accused Kevin Spacey of groping him at a bar in 2016 took the stand during a Massachusetts court hearing Monday to explain why his cell phone is missing, but the strength of the case against the actor was called into question when the man later invoked his Fifth Amendment rights.

Spacey is accused of groping the then 18-year-old man in Nantucket in 2016. The actor has pleaded not guilty to a charge of indecent assault and battery. 

The hearing had been called because the accuser, William Little, said he can’t find a cellphone wanted by the defense. Spacey’s lawyers say they need the phone to try to recover texts they claim were deleted and would help Spacey’s defense.

The accuser testified Monday he “has no knowledge of any deletions of messages on my phone.” But after he stepped down, Little asserted his Fifth Amendment rights, meaning his testimony would be stricken from the record.

Spacey’s lawyer Alan Jackson said that if the accuser intends to also invoke his right not to testify to be protected from self-incrimination at trial, that would “compromise” the entire case.

“He is the sole witness that can establish the circumstances of his allegation,” Jackson said. 

It wasn’t immediately clear whether Little intended to do so, but if so, Jackson called for the case to be dismissed immediately. The prosecution asked for a week to determine next steps.

A judge agreed the case revolved around the accuser and that “without him, the Commonwealth will have a tough road to hoe.” He said he wasn’t sure whether the case would “continue or collapse,” but agreed to allow the hearing to proceed and said the case would not be dismissed now.

Earlier Monday, Jackson said records show police returned the phone to the accuser’s father in December 2017 after it was turned in to state authorities. But in a tense exchange with Jackson Monday, the father, Nick Little, testified he has no recollection of receiving the phone. The elder Little told Jackson he felt his questions went “too far,” prompting the judge to threaten to hold Little in contempt.

A state trooper testified Monday he returned the phone to the family. The trooper testified the accuser’s mother, Heather Unruh, admitted deleting “frat boy activities” from her son’s phone before turning it over to authorities in 2017.

Responding to questions from Jackson, the accuser said he can’t recall whether his mother saw the phone before it was turned in to police. He said he didn’t think Unruh asked him to delete anything.

The accuser voluntarily dismissed the lawsuit last week without explanation just days after it was filed. Garabedian said in court the case has been an “emotional roller coaster” for his client.

“He only wanted one roller coaster ride at a time,” Garabedian said.”The criminal case is enough.”

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