Kevin Spacey Sexual Assault Case Could Be Dismissed, Judge Says

“I’m not prepared today to say what we’re going to do,” he mentioned.

Mr. Garabedian wrote in a court docket submitting that the accuser’s mom, Heather Unruh, delivered the smartphone to the police in December 2017, towards the start of the investigation. The police mentioned that the cellphone had been returned to the younger man’s father, Mr. Garabedian wrote, however the father didn’t bear in mind receiving it.

The household had searched “all the places where such a phone may have been stored,” Mr. Garabedian wrote, however they weren’t profitable. At Monday’s listening to, Mr. Garabedian mentioned they’d recovered a backup of the accuser’s cellphone on his laptop computer that lined the time of his encounter with Mr. Spacey. It was not instantly clear if the backup preserved any of the possibly lacking messages.

After being given the chance to observe her son’s lead and plead the Fifth, Ms. Unruh, a former tv information anchor in Boston, waived that privilege and took the stand.

“I have nothing but the truth to tell,” Ms. Unruh advised the choose, her voice cracking.

Ms. Unruh testified that she had checked out her son’s cellphone earlier than she gave it to the police and deleted some content material that “concerned” her as a mom. The state trooper who obtained the cellphone from Ms. Unruh testified that Ms. Unruh had advised him that she had deleted some content material concerning “frat boy activities” that she didn’t need investigators to see.

She mentioned that she had by no means instructed her son to delete any messages, and by no means deleted any messages herself from the conversations that Mr. Spacey’s lawyer was involved about.

“I didn’t touch anything that was relevant to the case,” Ms. Unruh mentioned.

The accuser’s father additionally took the stand, testifying that he didn’t bear in mind ever getting the cellphone again from police. (The New York Times isn’t figuring out the daddy, who has the identical surname as his son, to keep away from naming an accuser in a sexual assault case.)

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