Cape and Islands prosecutors have dropped charge against Kevin Spacey, according to court records. Cape and Islands District Attorney Michael O’Keefe’s office on Wednesday filed a nolle prosequi motion ending the case, citing “the unavailability of the complaining witness”. O’Keefe’s office said in a statement that the decision came after prosecutors met on Sunday with the complaining witness, his attorney, and family members of the witness. Mitchell Garabedian, who represented the accuser, said in a statement:
My client and his family have shown an enormous amount of courage under difficult circumstances.
The decision comes after William Little, accusing Kevin Spacey suddenly dropped his civil lawsuit against the Oscar winner. The case was crippled after the accuser refused to testify about text messages the defense claims were deleted, invoking his Fifth Amendment right against self-incrimination. In a July 8 pretrial hearing, the accuser took the Fifth after the ex-House of Cards star’s lead defense attorney warned him that erasing evidence is a chargeable felony in the commonwealth. Kevin Spacey himself was not there, but William Little and his parents – including his mother, former Boston TV anchor Heather Unruh – testified about material they admit was deleted from William’s iPhone three years ago before being handed over to local police.
The accuser had been ordered to testify about the cellphone he used the night of the alleged assault. He was supposed to turn it over to the defense but said it was missing. The accuser’s attorney, Mitchell Garabedian, said his client and man’s parents have no recollection of seeing the phone since it was given to authorities back in 2017. Officials have said the phone was returned to the man’s father, but his father does not remember getting the phone back, according to Garabedian.