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Kevin Spacey accuser grilled on whereabouts of mobile phone

Actor Kevin Spacey attending a pretrial hearing (Steven Senne/AP)
Actor Kevin Spacey attending a pretrial hearing (Steven Senne/AP)

The man who accused Kevin Spacey of groping him at a resort island bar in 2016 has denied deleting or altering any text messages from the night of the alleged assault.

The man was ordered to give evidence after he failed to turn over the phone he used that night to the defence and then said it was lost.

Spacey’s lawyers say the man deleted messages from his phone that would support the two-time Oscar winner’s claims of innocence and then provided investigators with manipulated screenshots of conversations from that night.

The accuser, speaking publicly for the first time, said he gave police what he had “available” to him “at the time” and did not manipulate any of the messages.

“I have no knowledge of any deletions of messages on my phone,” the man said.

The man’s lawyer, Mitchell Garabedian, said they cannot find the phone, but were able to retrieve a copy of its contents that had been backed up to a computer.

An officer said he recalls giving the phone back to the man’s father, but neither the accuser nor his parents remember that, Mr Garabedian said.

Spacey’s lawyer said a back-up copy of the phone is not enough.

Sexual Misconduct Kevin Spacey
Kevin Spacey arrives at district court for a previous hearing (Steven Senne/AP)

“None of that answers the central question, which is: Where is the actual phone? That’s what we want. That’s what we’re entitled to and we still don’t have it,” lawyer Alan Jackson said.

Spacey was not required to attend Monday’s hearing, and he did not appear.

The accuser’s evidence comes days after the man voluntarily and without explanation dismissed a lawsuit that he had filed against the actor about a week earlier.

Mr Garabedian said that the man dropped the civil case because he’s on an “emotional rollercoaster” and wants to focus on the criminal matter.

“He only wanted one roller coaster ride at a time. The criminal case is enough,” Mr Garabedian said.

Spacey, who has denied the groping the teenager, pleaded not guilty to indecent assault and battery in January.

His lawyers have accused the man of lying in the hopes of winning money in a civil case against Spacey.

The man told police he went over to talk to Spacey after his shift ended at the Club Car because he wanted to get a picture with the actor.

He said Spacey bought him several drinks and tried to persuade him to come home with him before unzipping the man’s trousers and groping him for about three minutes.

The accuser told police he tried to move Spacey’s hands, but the groping continued, and he did not know what to do because he did not want to get in trouble for drinking because he was underage.

The man, who media outlets have not named because of the nature of the allegations, said he fled when Spacey went to the bathroom.