A lawyer for the former 'House of Cards' star files new court papers, asking for the order from a District Court judge, just days before a hearing for the Nantucket groping case is set to take place.
- March 2, 2019
AceShowbiz - Kevin Spacey's lawyer has asked a judge to order his alleged sexual assault victim to turn over his cell phone records.
In January, "The Usual Suspects" actor pleaded not guilty to a felony count of indecent assault and battery after being accused of groping an 18-year-old man, the son of former local news anchor Heather Unruh, in a bar in Nantucket, Massachusetts in July 2016.
Ahead of the next hearing, which is set to take place on Monday, March 04, Spacey's lawyer Alan J. Jackson has filed new court papers asking a judge to make the alleged victim hand over his cell phone records, passwords and related Internet storage accounts from the night of the alleged incident and for a further six months.
The cellphone records are "relevant to the issue of consent and whether lack of consent was fairly communicated to (Spacey)," Jackson wrote, according to the Boston Globe. "Additionally, text messages consistent with statements provided to law enforcement are likely to reveal that (the accuser) joked about the incident with friends for months after the incident and that his mother is the driving force behind these allegations."
According to police reports, the accuser had been in contact with his then-girlfriend during that night, but she told investigators he did not say he had been sexually assaulted.
Additionally, Jackson has asked the judge to order civil attorney Mitchell Garabedian to turn over a variety of records, which they believe might prove that the accusers are preparing a civil suit against Spacey and have fabricated the allegations for their own financial gain.
"Evidence that (the accuser) and his family members intend to pursue civil remedies against (Spacey) supports the defense's position that the complaining witness in this case has a substantial financial motivation to falsify his claims," Jackson wrote.
District Court Judge Thomas S. Barrett has not yet ruled on these requests.
Spacey, 59, has been accused of sexual misconduct by a number of people since actor Anthony Rapp came forward in 2017 with claims that the double Oscar winner assaulted him when he was 14 years old. He is not required to attend the hearing on Monday.
