Kevin Spacey will not stand trial for allegedly groping a teenage boy at a Nantucket bar.
Cape and Islands District Attorney Michael O’Keefe dropped their case against Spacey, 59, ‘due to the unavailability of the complaining witness.’
William Little accused Spacey of reaching his hand down his pants at The Club Car in 2016 when he was 18, a claim he said could be corroborated by text messages he exchanged with an group of friends and his then-girlfriend.
Little, who worked at the establishment where the alleged incident took place, told Spacey he was 23 at the time.
It was revealed however that the texts on the accuser’s phone had been deleted by his mother prior to handing it over to authorities and that the phone itself had been lost at some point in the past year.
Spacey also denied the allegations, which played a part in his dismissal from the film All the Money in the World and his Netflix series House of Cards.
The decision to file nolle prosequi means that the case could be refiled down the line.
House of cards: The Cape and Islands District Attorney’s office is not longer pursuing criminal charges against Kevin Spacey (above) for his alleged assault of a teenage boy
William Little said Spacey had reached his hand down his pants in a bar in 2016 when he was 18, a claim he said could be corroborated by his text messages. He is pictured with his mother outside court last week
The District Attorney released a lengthy statement on Wednesday explaining that they decided to drop the case after telling Spacey’s accuser they could not move forward at trial if he chose to invoke his Fifth Amendment right.
‘After a further period of reflection privately with his lawyer, the complaining witness elected not to waive his right under the Fifth Amendment,’ read the statement.
The accuser was then informed of the one other option available to prosecutors should they proceed with the case, and why that option was not tenable.
‘The complaining witness was further instructed that the only remaining avenue to continue the prosecution, since grants of immunity may not be made in district court, would be to indict the defendant, immunize the complaining witness and force his testimony,’ reads the statement.
‘This procedure has several infirmities. One, a defendant cannot be convicted on the uncorroborated testimony of an immunized witness. It is the second consideration that is more concerning. A grant of immunity compromises the witness to a degree which, in a case where the credibility of the witness is paramount, makes the further prosecution untenable.’
This comes just one week after Little also dropped his civil lawsuit against the actor.
A court filing obtained by DailyMail.com shows that the young man withdrew his complaint and that the civil case was dismissed with prejudice, meaning he cannot refile that suit.
That move came just days before the three-year statue of limitations would have run out on filing a legal complaint against Spacey, who he claims reached down his pants and groped him at a bar back in 2016.
He was 18 at the time, but admits to telling Spacey he was 23.
Constant companions: Spacey ad his manager Evan Lowenstein were see in London earlier this month
That case has been in jeopardy for weeks after the young man and his family misplaced the cell phone he had been using that night to text with his girlfriend and a group of friends about the alleged incident.
Spacey’s accuser had been seeking a jury trial and damages for emotional distress in his lawsuit.
He also asked that the Oscar winner be responsible for his medical and other bills.
Spacey’s team had been seeking all correspondence regarding the case that was sent by the civil attorney hired by the victim’s family.
That section of the 70-plus pages of court filings states that Mitchell Garabedian was hired to pursue a lawsuit for the family, and accuses the teen of using the criminal case to try and confirm his ‘lies.’
Alan Jackson, the Los Angeles lawyer who represented Spacey stated that the boy and his family ‘had a significant financial motive to fabricate the instant allegations.’
Garabedian is being asked to hand over all correspondence between himself and the other lawyers at his firm with the district attorney’s office.
Jackson also asked the judge that a copy of the contract with the victim’s family and the date, time and length of all appointments between the family and the law firm be turned over as well.
There are also concerns about an an investigation Garabedian did into the claims, with the defense expressing concern that they have not seen these reports.
Garabedian had stated that he turned his findings into law enforcement, and now the defense wants to make certain that detectives independently investigated all his findings.
Garabedian was a key attorney for victims of the Catholic Church who sued the diocese. That case was later made into the Oscar-winning film Spotlight, in which Garabedian was played by Stanley Tucci.
Boston-area legal: This comes just one week after Little also dropped his civil lawsuit against the actor (Spacey’s lawyer Alan Jackson at a court recess on July 8)
Establishment: The young man who claims he was molested by Spacey at The Club Car in Nantucket back in the summer of 2016, texted his girlfriend throughout the evening, but never left the bar
This all comes just a few weeks after text messages from a filing in the criminal case were revealed, shedding light on the teenager’s allegations.
The young man who claims he was molested by Spacey at The Club Car in Nantucket back in the summer of 2016, texted his girlfriend throughout the evening, but never left the bar.
‘Like he’s hangin around me in the bar. He got my number and asked me to come out with him,’ writes the young accuser.
‘Are you kidding,’ responds his girlfriend.
‘Sounds like he’s hitting on you…’
The young man never left the bar however, and would later make light of the incident in a text to his girlfriend.
‘He’s grabbed my [expletive] like 8 times,’ writes the accuser.
‘He’s pissed I’m texting I.
‘I told him I had a gf.’
The defense believes some of the texts have been filtered however, with the responses seeming disjointed at times.
The accuser also states in his last text from that series of messages: ‘No I’m serious.
‘He pulled my zipper down.
‘And he invited me to his house.
‘I’ll talk to you later.’
The conversation then stopped for some time, and later on the accuser sent 15 messages to his girlfriend, and one to a group of six friends.
His exchange with his then-girlfriend ended with the texts: ‘I got the autographs and a hell of a stout.
The texts also raise a number of questions too, with Spacey’s defense lawyer having suggested that the conversations seem to have been edited and some of the texts deleted.
These texts do contradict the victim’s girlfriend’s denial to police when asked if her boyfriend ever said Spacey stuck his hand down the boy’s pants.
One message reads: ‘Jesus Christ he reached down my pants.’
Baltimore: That case has been in jeopardy for weeks after the young man and his family misplaced the cell phone he had been using that night (Spacey above near his home in Baltimore)
Police spoke to the girlfriend soon after the alleged victim’s mother went public.
‘Molly felt [redacted] would be excited to meet Spacey and that he would be “starstruck,”‘ reads the report.
‘Molly received texts from [redacted] after [redacted] met Spacey and Molly could tell [redacted] was excited because Spacey was buying him drinks and Spacey had given [redacted] his phone number.’
Then, Molly said she received a text from the alleged victim stating that Spacey was hitting on him, so she told him to walk away.
She then received the Snapchat photos, which she told police showed ‘Spacey touching the front of [redacted’s] pants by his crotch.’
The couple next spoke when the victim was running home after fleeing the scene.
‘Molly could tell [redacted] was drunk and she felt [redacted] was emotionally worked up.’
She said the two discussed the matter for an hour, and the report states: ‘Molly felt [redacted] was caught off guard that a man would hit on him.’
Molly told police however that she never heard about Spacey sticking his hands down her then-boyfriend’s pants that night either. She said the first she heard of that was when his mother held a press conference.
She also said lots of people knew that the alleged victim had been hit on by Spacey, and people would often joke about it because no one had heard he was sexually assaulted.
The Club Car owner, Joe Pantorno, ‘did not see Spacey assault anyone and no one talked to him about it happening.’
The bartender that evening, David Powell, ‘did not see Spacey assault or sexually assault anyone that night.’
It is also noted that he first heard about the alleged victim’s story after his mother’s press conference.
Claus Bokelman, a waiter at the restaurant, said that ‘the whole thing was blown out of proportion.’