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July 17 (UPI) -- Prosecutors in Massachusetts dropped a criminal groping case against Kevin Spacey, court documents filed Wednesday indicate. Cape and Islands District Attorney Michael O'Keefe filed a "Noelle Prosequi" document dropping the case -- which accused Spacey of sexually assaulting a teen busboy in a Nantucket bar in 2016 -- due to the "unavailability of the complaining witness."
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The 18-year-old accuser invoked the Fifth Amendment after Spacey's attorney inquired about a missing cellphone containing messages potentially relevant to the case.
On Sunday, O'Keefe said the accuser and his family were told the case would not be able to go forward if he continued to invoke the Fifth Amendment.
After consulting with his attorney the accuser chose not to waive his Fifth Amendment right and the charges against Spacey, who had pleaded not guilty, were dismissed.
The accuser's mother, Heather Unruh, testified that she deleted some of the contents of her son's phone including offensive language on his Venmo account, but did not delete anything related to the case.
"I was a mother who was looking through her son's phone for the first time and saw things that concerned me," she said.
Spacey is still under investigation for multiple accusations of sexual assault in Los Angeles and London.
