Lawyer: Spacey accuser tossed suit to focus on criminal case | Celebrities

Lawyer: Spacey accuser tossed suit to focus on criminal case | Celebrities”

The accuser said Monday he "has no knowledge of any deletions of messages on my phone".

The judge said the man's previous testimony would be stricken from the record.

"Maybe the prosecution said, 'It's either about money or it's about a crime, but it can't be about both, and you have to make a decision on where you want to go with this, ' " defense attorney and former prosecutor David Yanetti noted. The former "House of Cards" star has pleaded not guilty. The charges carry a penalty of up to five years in prison. "It's not going to happen today", Judge Thomas Barrett said. However, the accuser and his family have said they don't have it and don't know where it is.

Garabedian also told the judge his client can not find the phone the accuser used the night he says Spacey groped him in 2016.

The victim and his attorney recently dismissed a civil lawsuit filed against Spacey in relation to the alleged groping case in Nantucket.

Prosecutors charged Spacey with sexually assaulting the then-18-year-old in a MA bar three years ago, but the former House of Cards star pleaded not guilty, and last week his accuser filed papers to voluntarily dismiss the civil suit with prejudice in Nantucket County Superior Court.

The accuser's attorney, Mitchell Garabedian of Boston, filed notice of the dismissal in court Friday, adding that it was made "with prejudice and without costs to any party".

In all, 20 men have accused Spacey of misconduct during his stint of artistic director of London's Old Vic.

Spacey's team thinks the texts don't tell the whole story, particularly because most of the texts lack time stamps and it's possible the accuser may have deleted other texts that could change the context of the convo. His mother says she also never saw the phone after that.

Spacey's defense team hopes the accuser or his family can solve the dilemma because it believes the device holds the key to whether the alleged victim is telling the truth. Spacey's lawyers say the man deleted messages from his phone that would support Spacey's claims of innocence and then provided investigators with manipulated screenshots of conversations from that night. He said Spacey bought him several drinks and tried to persuade him to come home with him before unzipping the man's trousers and groping him for about three minutes. "That's what we want, that's what we're entitled to and we still don't have it", Jackson said.

But the phone is now missing, according to the victim's attorney Mitchell Garabedian.

The judge ruled in June that the defense should have access to the phone.

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