"If you have a complaining witness who is allegedly a sexual assault victim, who is claiming the Fifth Amendment and is therefore is not going to testify, what have you got?" One, a defendant can not be convicted on the uncorroborated testimony of an immunized witness.
Adam Citron, former assistant district attorney in Westchester County and now Senior Counsel at Davidoff Hutcher & Citron LLP, told The Telegraph that the family and prosecutors "likely saw which way the case was headed".
The accuser's attorney, Mitchell Garabedian, said Wednesday, "My client and his family have shown an enormous amount of courage under hard circumstances".
He declined to comment further.
Unruh testified she "deleted a few things", but she did not say what.
The announcement comes after the accuser earlier this month said that he was dropping a civil case against the actor. Spacey then unzipped the accuser's trousers and rubbed his penis, both in and out of his trousers, for about three minutes, he told police.
Spacey - who has been accused of misconduct by several men - was sacked from Netflix drama "House of Cards" over previous sexual assault allegations made against him and was replaced in the drama "All The Money In The World".
In December 2018, Spacey posted a video to his Twitter account speaking directly to the camera in the persona of his "House of Cards" character Frank Underwood.
As they stood next to a piano, Spacey groped the man, he told investigators. The defense said it needed the phone to recover deleted text messages it said would help Spacey's case. He said that he fled when Spacey went to the bathroom.
But the phone was nowhere to be found, which prompted the judge to raise the idea that prosecutors could face sanctions.
"They knew what was on the cell phones", he said.
However, the case has been teetering on the brink of dismissal since an evidentiary hearing last week, during which the accuser invoked his Fifth Amendment rights.
"This entire case is completely compromised", Jackson said in court.
According to reports, the alleged incident took place at a restaurant in MA back in 2016. An assistant district attorney asked for a week to confer with his office, and the next hearing in the case was scheduled for July 31.
Mr Spacey has faced several other accusations.
The actor is not out of legal jeopardy completely: He reportedly is still facing sexual assault allegations in Great Britain.
It is the latest chapter in Hollywood's reckoning over sexual assault and harassment, which has already seen television icon Bill Cosby jailed, with movie mogul Harvey Weinstein's trial set to begin in September.
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