The Oscar-winner still faces criminal charges from the alleged incident at a court hearing set for Monday.
Kevin Spacey and the man who accuses the actor of groping him may come face to face in a MA courtroom Monday, in a case that has taken several twists and turns before the criminal trial has even begun. The man said he has "no knowledge of any deletions of messages".
Meanwhile, in an abrupt about-face Friday, the alleged victim's lawyer announced that a civil lawsuit filed against Spacey a week earlier had been dropped.
The man's decision not to testify caused the judge to question the viability of the case against the two-time Oscar victor, whose career collapsed in 2017 amid a string of sexual misconduct allegations.
After a court recess, the accuser's attorney, Mitchell Garabedian, said that his client wished to invoke his Fifth Amendment rights against self-incrimination and to have the previous testimony stricken from the court record.
Spacey's lawyer said the case is "compromised" and needs to be dismissed.
The judge acknowledged that prosecutors would have a tough time bringing the case to trial if the man won't testify. The actor has pleaded not guilty to a charge of indecent assault and battery.
And a MA judge has ordered the accuser, his parents and his lawyer to appear in court on Monday if the phone can not be found by then.
The man's cellphone has been a key issue in the case against Spacey, who is accused of groping the then 18-year-old at a popular Nantucket bar and restaurant, where the man worked as a busboy. That's what we want.
In all, 20 men have accused Spacey of misconduct during his stint of artistic director of London's Old Vic. "That's what we want, that's what we're entitled to and we still don't have it", Jackson said.
"He only wanted one roller coaster ride at a time. It's not going to happen today", Judge Thomas Barrett said. The family remembered last seeing it in December 2017 before it was turned over to prosecutors, according to Garabedian.
The man told police he went over to talk to Spacey after his shift ended at Nantucket's Club Car bar because he wanted to get a picture with the actor.
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. The matter may well be dismissed for the reason indicated.