Kevin Spacey's accuser must turn over phone to defense team, a judge rules

Actor faces indecent assault and battery charge

By Elizabeth Joseph, CNN
Nicole Harnishfeger-Pool/Getty Images

Kevin Spacey is escorted with his lawyers Juliane Baliro and Alan Jackson during his arraignment for sexual assault charges on Jan. 7, 2019, in Nantucket, Massachusetts.

(CNN) - A phone used by a young man who says Kevin Spacey groped him at a bar in 2016 must be turned over to the actor's defense team for examination, a Massachusetts district judge ruled.

In a hearing last week, Judge Thomas Barrett allowed a defense request to examine the contents of the accuser's phone from July 7, 2016, to December 31, 2017, and denied a defense request for the phone records of the accuser's mother.

Defense attorney Alan Jackson made a fresh request for the phone data Monday, accusing the prosecution of making "misrepresentations," which an assistant district attorney denied.

Prosecutors had the accuser's phone information for more than a year and conducted a forensic download of the data, all while hiding the details from the defense, Jackson alleged.

Judge Barrett on Friday ordered the phone to be turned over to state police by June 21 so the defense's expert could pick it up "for a full forensic imaging or extraction of the phone's contents."

Spacey, 59, is accused of groping an 18-year-old busboy on a July 2016 evening at a bar. In January, he pleaded not guilty to indecent assault and battery, a felony charge that comes with up to five years in prison.

Surveillance footage from the night the actor allegedly groped the teen at a Nantucket bar does not exist, lawyers learned during a pretrial hearing. The judge ordered last week that the bar produce the footage, only to learn there is none.

Instead, the action revolved around the accuser's and his mother's phone records. In last week's hearing, Barrett allowed a defense request to examine the contents of the accuser's phone and denied a defense request for the mother's phone records.

Spacey's defense team has accused the alleged victim and his mother of deleting information they wanted to keep from police and the actor's attorneys.

During a hearing Monday, Spacey spoke privately to his attorneys and to deputies but did not speak in open court during the proceeding. Wearing a grey suit, black glasses and a light blue tie, the two-time Academy Award winner smiled to reporters but did not respond to a CNN producer's question on his way into the courthouse.

The next hearing is scheduled for July 8.

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