The former Massachusetts busboy who accused Kevin Spacey of sexual assault has abruptly dropped his lawsuit against the actor, his lawyer said Friday.
The alleged victim filed a voluntary notice of dismissal Wednesday in Massachusetts Superior Court, attorney Mitchell Garabedian, said. The suit was filed a little over a week ago.
The filing is “with prejudice” — meaning the suit can’t be refiled — and does not seek attorneys’ costs. The documents do not indicate whether a settlement has been reached.
“Respectfully, because of the pending criminal action, I have no further comment at this time,” said Garabedian, referring to prosecution charges against Spacey in the case.
The ex-bar worker had accused Spacey of plying him with alcohol before reaching into his pants to grope him at the Club Car Restaurant in Nantucket in July 2016. The alleged victim was 18 at the time.
“He’s grabbed my d–k like 8 times,” the accuser texted his girlfriend the night of the alleged attack by Spacey, according to court papers.
Spacey, whose real name is Kevin Fowler, has been charged with indecent assault and battery.
Spacey has denied the allegations.
Spacey’s lawyer, Alan Jackson, didn’t return a message.
The next hearing in Spacey’s criminal case is Monday, the deadline by which the accuser was ordered to provide the cellphone he used the night of the alleged assault.
The man’s lawyers have said they’re having trouble finding the phone.
Assistant District Attorney Tara Miltimore of the Cape & Islands DA’s Office said the dismissed civil suit has no bearing on the criminal case.
“The criminal case is independent of the civil case and will go forward,” she said in a statement.
Legal experts told the Associated Press that the dismissal could indicate that an out-of-court settlement was reached and that the accuser may ultimately stop cooperating with prosecutors.
“Money is a great motivator for an individual not to follow through,” said William Korman, a former Suffolk County DA’s Office prosecutor in Massachusetts who now works as a criminal defense lawyer specializing in sexual assault cases.
Prosecutors also may have asked the accuser to drop the suit.
“Maybe the prosecution said, ‘It’s either about money or it’s about a crime, but it can’t be about both, and you have to make a decision on where you want to go with this,’ ” suggested David Yanetti, a former prosecutor and current criminal defense lawyer in Boston.
“It’s clear something unusual is going on here.”
With Wires