Attorneys for Spacey Granted Motion to Preserve Cell Phone Records

A Nantucket District Court judge approved the request to preserve phone and electronic records between the alleged victim and his former girlfriend

Attorneys for Kevin Spacey returned to court Monday to ask a judge to preserve cell phone data involving the alleged victim and his girlfriend in the actor's Nantucket sexual assault case.

Spacey, who was accused of groping a former Boston television anchor's 18-year-old son at a Nantucket restaurant in 2016, was not required to attend the hearing in Nantucket District Court.

The 59-year-old pleaded not guilty to indecent assault and battery during his Jan. 7 court appearance.

Representatives for the "House of Cards" actor requested the accuser's cellphone, according to court documents filed last month. Spacey's attorneys  asked a judge for the phone to access surveillance footage, text messages and other records they say they need for their defense.

The attorneys argued that the alleged victim, his girlfriend, and his friends joked about his encounter with Spacey following the incident.

Allegations against Spacey surfaced in November 2017 after former WCVB-TV anchor Heather Unruh accused the actor of groping her son, who was working as a bus boy at the Club Car Restaurant.

In court Monday, attorneys for Spacey alleged that a news conference Unruh held in 2017 is the only reason police began an investigation. They want to see any and all communication between the family's lawyer, Mitchell Garabedian, and state police and the district attorney's office.

Spacey's attorneys said they want to know how much Unruh is paying Garabedian to represent her son in a potential civil case. They suggest evidence in a potential civil suit "supports the defense's position that the complaining witness in this case has a substantial financial motivation to falsify his claims."

The judge ruled Monday to preserve the alleged victim's cell phone data from July 7, 2016 to Dec. 1, 2017. He will rule on the other motions in the coming weeks.

Sexual assault resources are available at the National Sexual Violence Resources Center and the National Sexual Assault Telephone Hotline at 800-656-4673. Since it was first created in 1994, the National Sexual Assault Hotline has helped more than two million people, according to its website.

Copyright AP - Associated Press
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