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REPORT: Judge May Dismiss Kevin Spacey’s Sexual Assault Case

(Photo by Nicole Harnishfeger-Pool/Getty Images)

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Actor Kevin Spacey’s sexual assault accuser refused to testify to a Massachusetts court Monday about missing evidence — and that could potentially lead to the case being dismissed.

Spacey’s accuser refused to testify about the whereabouts of a missing iPhone that Spacey’s lawyers claim prove the actor is innocent, according to a report published Tuesday by Page Six. The accuser initially denied the claim that he had deleted text messages and snapchats that would show he had consented to the alleged groping at the Nantucket bar.

Actor Kevin Spacey arrives to face a sexual assault charge at Nantucket District Court in Nantucket, Massachusetts, U.S., January 7, 2019. REUTERS/Brian Snyder - RC1E6A3895A0

Actor Kevin Spacey arrives to face a sexual assault charge at Nantucket District Court in Nantucket, Massachusetts, U.S., January 7, 2019. REUTERS/Brian Snyder

However, while on the stand Monday, he refused to answer questions about the phone.

“This entire case is completely compromised,” Spacey’s attorney, Alan Jackson, said after the accuser refused to discuss the missing iPhone. “This case needs to be dismissed and I believe it should be dismissed today.” (RELATED: Kevin Spacey’s Accuser Reportedly Lost Cell Phone Important To The Sexual Assault Case)

“It may well be dismissed for the reasons given. But it’s not gonna be today,” the judge said. “We will see what happens.”

The Club Car Restaurant where actor Kevin Spacey's alleged indecent sexual assault on a teenager took place is seen on January 7, 2019 in Nantucket, Massachusetts. - Kevin Spacey was formally charged Monday with the indecent assault of a teenager who alleged the US actor groped him at a bar in Massachusetts in 2016. The "House of Cards" star was not asked for his plea during the brief arraignment in a crowded Nantucket courtroom, but local media said his lawyer entered a plea of not guilty on his behalf.A follow-on hearing was scheduled for March 4,2019 but Spacey was not required to attend. (Photo by Joseph PREZIOSO / AFP) (Photo credit should read JOSEPH PREZIOSO/AFP/Getty Images)

The Club Car Restaurant where actor Kevin Spacey’s alleged indecent sexual assault on a teenager took place is seen on January 7, 2019 in Nantucket, Massachusetts. (Photo by Joseph PREZIOSO / AFP) (Photo credit should read JOSEPH PREZIOSO/AFP/Getty Images)

The court appearance comes days after the accuser dropped a civil lawsuit against Spacey.

“He only wanted one rollercoaster at a time. The criminal case was it,” the accuser’s lawyer said at the time.

The busboy’s mother insisted there was no settlement reached at the time the civil lawsuit was dropped.

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