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Defense lawyers in Kevin Spacey’s sex crime trial have been struggling to get access to the accuser’s cellphone, which may contain evidence that would undermine the prosecutor’s case against the actor.
The actor Kevin Spacey, most recently famous for his role as Frank Underwood in the Netflix political thriller House of Cards, is facing a criminal charge of indecent assault and battery – a felony-level offense – in Massachusetts. Mr. Spacey allegedly stuck his hand inside the pants of an 18-year-old boy, who happened to be the son of a former news anchor in Boston. The incident was said to have happened in July 2016 at a restaurant on Nantucket.
Mr. Spacey has denied the charges and pled not guilty to the offense.
The prosecutor has presented evidence of the offense in the form of text messages that the accuser sent to his girlfriend and other close friends on the night of the alleged incident. However, the accuser had only provided screen grabs of those texts, not the texts, themselves.
Defense lawyers say that there are signs that the screen grabs were doctored, other texts were missing from the screen grabs, and some were even outright deleted. The lawyers filed a motion to get access to the phone, itself, to examine the texts and the context surrounding them. According to the motion, one of the missing texts included the accuser’s statement that “Kevin Spacey is gay… I’m gonna get the pic. I got the autographs and a hell of a story.”
If true, it would drastically undercut the credibility of the accuser and make it apparent that the alleged sexual assault had been consensual and a setup.
However, when the judge ordered the accuser to hand over the phone, his attorney said that it had been lost. According to them, the accuser had turned over the phone to prosecutors in December 2017 and hadn’t seen it, since.
Law enforcement claims that the phone had been returned.
Especially when it comes to sex offenses like sexual assault, the details of the allegations and the prosecutor’s evidence matter. Here, the defense attorneys focused on the fine–but easily overlooked–difference between a text message and a screenshot of a text message. One can be easily manipulated. The other tells the truth of what was really said both before and after an alleged criminal incident.
With so much at stake in a criminal case, there is no such thing as “splitting hairs.”
The criminal defense lawyers at Maine Criminal Defense Group can legally represent the accused in Maine. With their help, you can invoke your rights and challenge absolutely every aspect of the evidence the prosecutor is going to present to prove their case. With the lawyers from Maine Criminal Defense Group at your side, you can protect your future from a serious criminal conviction. Contact them online or call their law office at (207) 571-8146.
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