BOSTON (AP) – The person who accused Kevin Spacey of groping him at a bar in 2016 deleted textual content messages that may help Spacey’s claims of innocence, the actor’s lawyer stated in courtroom paperwork filed Friday.
Protection lawyer Alan Jackson is urging the courtroom to order prosecutors handy over a “full and unaltered” forensic copy of the accuser’s cellphone. He’s additionally accusing prosecutors of making an attempt to hide that they’d been in possession of the person’s cellphone since November 2017.
“Newly produced proof confirms” that the accuser “deleted exculpatory textual content messages and supplied falsified screenshots of his dialog from the night time in query to legislation enforcement,” Jackson wrote.
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The accuser “has gone to nice lengths to take away textual content messages he believes didn’t match his narrative. The prosecution is conscious of this and hid that data from the protection,” Jackson wrote.
An lawyer for Spacey’s accuser declined to remark.
Spacey pleaded not responsible in January to a cost of indecent assault and battery. His legal professionals have known as the accusation “patently false.”
It is the one prison case that has been introduced in opposition to the 59-year-old Oscar winner since his profession fell aside amid a flurry of sexual misconduct allegations in 2017.
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The case first got here to mild that 12 months when former Boston TV anchor Heather Unruh stated Spacey bought her son drunk and sexually assaulted him at Nantucket island’s Membership Automotive restaurant and bar, the place the teenager labored as a busboy.
Spacey’s lawyer says it seems the accuser deleted sure messages between him and his then-girlfriend from his telephone earlier than sending screenshots of conversations to an officer investigating the case again in November 2017.
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Messages from a screenshot of a gaggle textual content between the accuser and several other of his mates that was despatched to the officer haven’t been turned over to the protection, Jackson says.
Spacey’s lawyer can be difficult the impartiality of the district lawyer’s workplace after a prime prosecutor within the workplace disclosed that his sister is mates with Unruh. Jackson is asking for all communications made concerning the case by First Assistant District Legal professional Michael Trudeau, who stated his sister shared a ski home with Unruh for years.
“The prosecution’s bias and obvious advocacy for the complaining witness, moderately than the even-handed pursuit of justice, is probably greatest evidenced by the Commonwealth’s determination to withhold” the accuser’s cellphone data, Jackson wrote.
Cape and Islands District Legal professional Michael O’Keefe instructed The Boston Globe that he hadn’t learn the filings and could not touch upon Jackson’s allegations.
“If the defendant wasn’t who he’s, nobody would care about this case,” O’Keefe instructed the newspaper.
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A spokeswoman for the prosecutors’ workplace stated it requested Spacey’s legal professionals to conform to a protecting order due to privateness issues earlier than turning over information downloaded from the accuser’s cellphone, however the protection has not but executed so.
One other pretrial listening to in Spacey’s case is scheduled for Monday. The decide has ordered the Membership Automotive by Monday to show over any surveillance footage taken the night time the person says Spacey groped him.