Judicial documents detail text messages between Kevin Spacey's accuser and his girlfriend


Spacey is accused of indecent assault and battery for allegedly groping an 18-year-old boy in July 2016 at the Club Car Restaurant and Bar on Nantucket Island. He pleaded not guilty.

A newly released March request by Spacey's lawyer includes images of texts exchanged between Spacey's accuser and his girlfriend the night of the alleged encounter.

CNN is not naming Spacey's accuser because he is a suspected victim of sexual assault.

The images are among the evidence taken from the accuser's cell phone, which has now disappeared.

A judge in Nantucket, Mass., Ordered the phone to be delivered so defense specialists could examine it. Police said the device was returned to the accuser's father, but as CNN reported on Wednesday, the accuser, his family and his lawyer say they can not remember receiving the phone and can not find it.

The images seem to start in the middle of the conversation, with the accuser writing, "as if he was surrounding me at the bar. He took my number and asked me to go out with him."

Throughout the text exchange, the accuser claims that Spacey has touched his genitals several times. "He pulled my zipper down," the accuser sent a message to his girlfriend, adding later, "Jesus Christ, he reached down under my pants."

The accuser repeatedly asks for help throughout the conversation and, at a certain point, tells his girlfriend to "check the snap," probably a reference to the Snapchat social networking application.

In the text at once, the accuser writes: "I received the autographs and a history …".

Spacey's lawyer argued in a court case that the text messages are incomplete and excluding.

"To be sure, the images of text messages exchanged between (the accuser's girlfriend) and (the accuser) on the night in question are incomplete," argues lawyer Alan Jackson in a contemporary paper. "There seems to be time slots between each of these texts."

Jackson argued that the evidence of exclusion was excluded from the prosecutor's phone number before being turned over to prosecutors.

"The images produced by the Commonwealth suggest that additional communications on the cell phone (the accuser) will reveal the truth: (the accuser) invented and exaggerated elements of a story to impress his friends," he said.

Prosecutors told Judge Thomas Barrett last month that they obtained a copy of the phone data and then returned the device.

Defense lawyers received a CD containing files obtained from the phone, but Spacey's legal team said the files were insufficient.

"Access to the underlying databases is necessary to conduct a proper analysis, including whether messages may have been deleted or attempted to recover deleted data," defense expert Sankara Shanmugam wrote in a statement.

Spacey's lawyers argued that they should be allowed to try to recover any deleted data from the phone, which is now missing.

Judge Barrett has extended the deadline to deliver the phone until July 8. If the phone is not found by then, the accuser, his mother and his lawyer are to appear in court to testify about his whereabouts.

Neither Jackson, prosecutors nor the prosecutor's lawyer responded immediately to requests for comment.


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