Judge says he can dismiss charges in Kevin Spacey case

A Nantucket judge noted it was unclear whether the case would "continue or collapse" after the actor's accuser testified for the first time and pleaded the Fifth.
2:59 | 07/09/19

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Transcript for Judge says he can dismiss charges in Kevin Spacey case
We turn to a new twist in the sexual assault case against Kevin spacey. His accuser took the fifth amendment in court so now the judge could dismiss the charges answer linsey Davis has the Reporter: Playing out with all the spectacle, the case against Kevin spacey is now in jeopardy, not only is his accuser pleading the fifth but his accuser's cell phone which contained pertinent text messages from the night in question is now missing. A stunning blow for the prosecution in the case against actor Kevin spacey as the man accusing him of sexual assault took the witness stand Monday. You didn't go to the police the next day. The next week? No. The next month. No. You didn't even go within the next year, did you? I don't believe so. Reporter: Kevin spacey's accuser appearing for the first time in public initially answering questions under cross-examination. The accuser then invoking his fifth amendment rights during a line of questioning whether he deleted text messages and if he knew it was illegal to do so before turning over to law enforcement. All of those were deleted from the screen shots missing from the screen shots that you sent to officer Kelly, is that right? Yes. Spacey's lawyer called for the case to be dismissed. He's the sole witness that can establish the circumstances of his allegations on the night in question. This case needs to be dismissed and I think it needs to be dismissed toy. Reporter: The judge seemed to agree saying he wasn't sure if the case would continue or collapse. The 59-year-old actor is accused of groping the then 18-year-old in nantucket in 2016. Further complicating the case the accuser's phone is now missing. The same phone the accuser's mother a former Boston TV anchor admits she deleted a few things from before turning over to police. How many message, photograph, Snapchat, video, whatever, did you delete from the phone before handing -- Not a lot. Not many. There were a couple of things that concerned me. Reporter: This reprimand from the judge to the accuser's pa after he got into a testy exchange with the defense attorney. Listen to me, you keep this up, I'm going to hold you in contempt. This is a criminal proceeding and you will cooperate or as I say you'll be held in contempt. Reporter: The Oscar winner faces several cases of sexual harassment and assault since 2017 essentially paralyzing his career. Fired from roles including being replaced by Christopher plummer in "All the money in the world" after production was completed and removed from Netflix's how powerhouse hit "House of cards" and pleaded not guilty. Last week the accuser dropped a civil lawsuit against spacey with prejudice meaning it cannot be refiled later. Even if this goes away "Variety" reports that Scotland yard interviewed him. No charges there at this time. Coming up we're one-on-one with 15-year-old tennis phenom

This transcript has been automatically generated and may not be 100% accurate.

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