The tables got turned on Kevin Spacey’s accuser in court on Monday. The unnamed young man accusing the Oscar winner of sexual assault when he was 18 invoked the Fifth Amendment and refused to answer questions about a missing cell phone that is said to contain key evidence in the case.

The family and the young man had been ordered to track down the phone and present it to court on Monday. It contained text messages between the accuser and his girlfriend at the time, detailing the events in the early hours of July 8th, 2016. While he sent screenshots of some texts to police, Spacey’s legal team says he deleted other messages, and they demanded the phone for a full forensic review.

“Your honor, we could not locate the phone,” family attorney Mitchell Garabedian told Nantucket District Court Judge Thomas Barrett at the start of the hearing.

Last week, the accuser abruptly dropped his civil suit against Spacey, and Monday’s hearing was scheduled before the criminal case is set to be heard.


Called to the witness stand, the accuser said he did not alter or delete evidence on the phone. But when Spacey’s lawyer Alan Jackson told him it would be a felony if he did, the court took a break. Back on the stand, he said he would invoke his right against self-incrimination and remain silent.

“This entire case is completely compromised. He is the sole witness,” Jackson said. “This case needs to be dismissed and I believe it needs to be dismissed today.”

Judge Barrett seemed to agree, but put off the decision. “It might be dismissed for the reasons indicated but it's not going to happen today.”


Meanwhile, Scotland Yard is turning up the heat on Spacey, according to reports. British officers questioned the actor about six alleged assaults that took place between 1996 and 2013. Police released a statement, saying:”He was not arrested. Inquiries are ongoing.”

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

Spacey, 59, has pleaded not guilty to indecent assault and battery.