After testifying he didn't delete anything from the phone, the accuser consulted with his attorney and made a decision to exercise his Fifth Amendment right against self-incrimination.
A sometimes freewheeling pretrial hearing today on the MA vacation island saw the accuser take the stance against self-incrimination after the ex-House of Cards star's lead defense attorney warned him that erasing evidence is a chargeable felony in the commonwealth.
Spacey's lawyer said the case is "compromised" and needs to be dismissed. "They deleted information that they didn't want the police to have, they deleted information they didn't want us to have".
Spacey pleaded not guilty to a charge of indecent assault and battery.
Judge Thomas Barrett ruled in June the defense was entitled to inspect the phone.
Prosecutor Brian Glenny told the judge he and his colleagues "certainly have to consider" whether they want to proceed with the case, but were not prepared to do so on Monday.
Spacey's lawyers alleged the phone contains deleted text messages that show his accuser "concocted and exaggerated" the encounter in order to impress his friends, according to an NBC affiliate.
DeMore says that while the disappearance of the cell phone from the night of the alleged incident is important, the accuser pleading the fifth puts "the future of the case very much in doubt" and that a motion to dismiss could be filed before the hearing on July 31.
His mother, however, testified that she deleted several videos from the phone before giving it to police.
Jackson told the judge in court they believe the accuser and his mother "deleted things off the phone....they sanitized the phone". The accuser at the time worked at the Nantucket establishment as a busboy.
However, the accuser and his mother claimed that they didn't know where the phone was-and that they hadn't seen it since Unruh delivered it to police in December 2017. They have a thumb drive and a forensic image of the accuser's MacBook, but he could not guarantee there were no deletions, Garabedian said.
While Scotland Yard did not name Spacey, a spokeswoman told the publication: "In May 2019, a man was voluntarily interviewed under caution in America, by officers from the Met's Complex Case Team".
On Monday, the unnamed accuser was questioned by Spacey's attorney, Alan Jackson, about the alleged 2016 incident at a Nantucket bar where the then 18-year-old accuser claims to have been groped by Spacey.
"On one of the screenshots, one half of the conversation is missing, but I did not delete anything", the accuser testified.
Unruh testified Monday that no settlement was paid when the civil suit was dismissed.
The accuser dropped a civil lawsuit against Spacey last week.
The smartphone images, which Little has said he shared with a then-girlfriend, allegedly show Spacey shoving his hand into the accuser's trousers and fondling him.
In all, 20 men have accused Spacey of misconduct during his stint of artistic director of London's Old Vic.