Heather Unruh, a former Boston TV news anchor and the prosecutor's mother, wiped their tears at the Nantucket district court on Monday, July 8, 2019, at the start of their testimony. (Photo: Merrily Cassidy, AP)
NANTUCKET, Mass. – The case of Kevin Spacey for sexual assault took on Monday a dramatic turn may lead to his possible dismissal.
What was planned as a hearing for the prosecutor to produce a critical, missing mobile phone became much more – and it might have uncovered cracks in the Massachusetts case against the Oscar-winning actor.
The hearing had it all: a heated exchange between Spacey's lawyer Alan Jackson and the prosecutor's father; a statement from her mother, former Boston TV presenter Heather Unruh, that she had actually deleted material from her son's cell phone; and of course the decision of the prosecutor William Little, 21, not to testify.
In the meantime, the phone is missing.
Six moments can be seen from the Monday hearing:
1. The prosecutor refers to the Fifth after testifying.
59-year-old Spacey faces an indecent crime accused by Little, then an 18-year-old busboy, in a bar on the resort island of Massachusetts. He confessed himself guiltless.
For the first time, Little took a stand to testify, answering a long line of Jackson's questions about text messages from his cell phone that did not belong to a series of screenshots he provided during the investigation.
Little used the iPhone to send texts and videos to his girlfriend and friends during the alleged three-minute attack. But Jackson noticed that the screenshots contained a text in which he wrote "Save me", but among other things, no lyrics from his girlfriend, who asked him to get away.
When he was grilled by Jackson, Little seemed to acknowledge that the screenshots did not contain all the text messages between him and her his girlfriend from the night of the alleged attack – although he continued to say that this was not the result of deletions, but of other circumstances.
At this point, Jackson asked if he knew that removing evidence was a crime. The prosecutor replied that he knows it now.
The exchange prompted Judge Thomas Barrett to break into a longer break. When the court was called back to the session, he announced a bomb – that the prosecutor has chosen to assert his right to the fifth amendment, as regards the testimony he had just extracted from the court's case file.
Kevin Spacey listens to attorney Alan Jackson during a court hearing on June 3, 2019 in Nantucket, Massachusetts. (Photo: Steven Senne / AP)
2. Richter indicates that he could dismiss the case
Since the main witness in the case did not want to testify, Jackson quickly demanded the dismissal of the case.
"This entire case is completely compromised. This case must be rejected, and it must be rejected today, "Jackson said.
The judge also doubted the way the state should proceed, Barrett said the case" could well be rejected if the prosecutor refuses to testify. " The case revolves around this individual, and without him the Commonwealth will have a tough fight. "
Despite this, Barrett decided against the decision to release him on Monday.
Jackson told reporters that he was planning to seek dismissal The judge scheduled the next hearing for July 31.
3. Judge threatens to despise father in court
The prosecutor's father, Nick Little, was combative throughout his testimony, causing Barrett to threaten him several times in court.
Nick Little took his position after his son begged the Fifth. He was visibly upset and contradicted several questions from Spacey's lawyer Jackson.
"What are your questions?" Nick Little said and started the hot exchange.
"Mr. Little, I ask the questions and you answer the questions, "Jackson said.
Nick Little admitted reading the text messages his son had sent to his girlfriend after his son had told them about the alleged attack He said he looked at her with his wife.
"I looked at the message saying, 'Help me.' Does that help you? '… I think that's way too far
A The police security guard stepped between the witness stand and Jackson as tempers continued to flicker.
At some point, Nick Little began to talk about the details of the alleged attack and told the judge to say, "That's the point not It's about what you know.
"They still go beyond the bounds of the question," the judge said in a high-pitched voice.
4. Mother admits she is deleting items from the telephone. 19659011] Nevertheless, Unruh decided to testify to his son's decision to exercise his rights to the fifth amendment. She and her son a Spacey's attorneys found that they were the only two people who had access to the password for the missing mobile phone.
"I have nothing but to tell the truth," she told the judge and began to cry.
Unruh admitted that she had deleted from her phone material previously described as "brother boy activity". The material included photos of Little Drinking Under Age, smoking marijuana, and racist lyrics sent by a friend on Venmo to her son.
She said she was "worried" as a mother. "I deleted a few things," she said. However, she insisted that none of the deletions were texts that were exchanged on the night of the alleged attack. She also stated that she had not ordered her son to erase one of these texts.
"No way," she said. "I thought these text messages were incredibly important in the case."
Jackson picked up a text message she sent to her son before the cell phone was handed to the investigators, who told him, "I think your pictures are still on the old phone, not the news, the pictures . "
Jackson said it was proof that she and she were discussing the son, which photos and messages would be forwarded to the prosecutor.
Unruh testified that she had reviewed every video on his cell phone, looking for a video of Spacey putting his hands in his son's pants.
Jackson also asked Unruh to look at photos she had erased from her underage son.
He speculated that the photos did not fit in with the story they told the police about an elderly man who was supposedly Spacey and supplied her son with alcohol.
"That was not my motivation," answered Unruh. "I was a mother who searched my son's phone after the first time, and there were things that bothered me.
"It was not relevant to the case. "
" So, you say, "Jackson said, adding that she can not decide what's relevant.
. 5 After all, no civil lawsuit settlement
Monday's hearing took place just days after the sudden rupture of a civil lawsuit against Spacey filed in June for the same alleged sexual assault.
The family lawyer, Mitchell Garabedian, said last week that the dismissal is "prejudiced," meaning that the lawsuit can not be filed again, and "at no cost to any party."
It led some in The media speculate Spacey and the prosecutor had reached an agreement.
Jackson asked Unruh to address the speculation and, surprisingly, decided to answer.
"There was no agreement," said Unruh. "Would you like me to explain why? "
But Jackson was done with his questions before she could proceed.
6 Police officer Gerald Donovan said he was" careless "in using the family's phone and said he had the phone after the investigation returned to the small family but was "negligent" and did not sign a receipt, saying he had the phone returned to her house during a trip and it would be "inaccurate" if the father said that he had not received it.
But Nick Little said he could not remember receiving the phone.
Donovan said that there is no protocol to reject evidence in such a basis. "Of course there is a protocol that should be there," Jackson said. "And if there is none, we have a disaster like this.
" Guess who loses? That's us, because we have the right to the phone.
Donovan describes the 2017 investigation In the alleged raid, the mother said she had deleted "frat boy activities" on the phone, and Jackson asked Donovan why he had not advised the family not to pick up any material from the phone
Do you think it would have been a wise decision? "Jackson asked.
" Are you sitting here now? Sure, "said Donovan.
Jackson Donovan asked because he had returned the phone to Unruh after he had deleted material.
Donovan claimed to do so because the prosecutor was a "victim" who cooperated.
Jackson countered, "He was a suspected victim. You have not completed the investigation. "
Call Joey Garrison on Twitter @joeygarrison.
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