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Massachusetts prosecutors on Wednesday dropped a criminal groping case against actor Kevin Spacey, saying the man who accused the Academy Award winner of fondling him in a Nantucket bar in 2016 was now unavailable as a witness.
The case was dismissed a week after Spaceys accuser refused to testify at a court hearing about a missing cellphone and deleted text message of his that Spaceys lawyers claimed could prove the actors innocence.
The accuser invoked his Fifth Amendment right against self-incrimination at that hearing after being asked if he knew that destruction of evidence was a felony under Massachusetts law.
In a document filed Wednesday, Cape & Islands District Attorney Michael OKeefe said he was filing a "nolle prosequi," or abandoment of the case against Spacey, "due to the unavailability of the complaining witness."
The accusers lawyer, Mitchell Garabedian, in a statement said, "My client and his family have shown an enormous amount of courage under difficult circumstances."
"I have no further comment at this time," Garabedian said.
The man had claimed that when he was 18 years old, Spacey got him drunk in the Club Car bar on the island of Nantucket, and then groped him. The accuser at the time worked as a bus boy in the saloon.
The mans mother, former news anchor Heather Unruh, in November 2017 went public with claims that the actor stuck his hand down her sons pants and grabbed his genitals.
Spacey had pleaded not guilty to a felony charge of indecent assault and battery, which was filed last year.
After the charge was announced, Spacey released a video in the voice of President Frank Underwood, his character on Netflixs political drama "House of Cards," in which he said, "Im certainly not going to pay the price for the thing I didnt do." It was unclear whether he was referring to the charge.
A civil suit was filed by the accuser against Spacey on June 26 in Nantucket Superior Court.
The suit sought unspecified damages for "severe and permanent mental distress and emotional injuries."
But that case was dismissed by the accuser less than two weeks later, on July 5.
Unruh testified last week that no settlement was paid when the civil suit was dismissed.
Spacey won the Oscar for Best Actor in 2000 for his performance in "American Beauty."
His acting career came to a grinding halt in late 2017 after actor Anthony Rapp told BuzzFeed that Spacey made a sexual advance toward him at a party in 1986, when Rapp was just 14 years old.
Spacey said on Twitter that he did not remember the incident.
But he also apologized for "what would have been deeply inappropriate drunken behavior."
Netflix suspended production of "House of Cards" on the heels of Rapps claim, and soon after severed ties with Spacey.
The final season of "House of Cards" aired last year, without Spacey appearing.
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