But before she took the stand, the judge hearing the case wanted to be sure she understood the law. "You understand that if you take the stand and offer testimony that could incriminate you, you could face prosecution," Judge Thomas Barrett explained. "Yes," Unruh responded.
Legal Expert: Spacey Case 'Going To Be Dismissed'
Unruh admitted under oath that she deleted photos and videos from her son's phone before she turned it over to police. "It was not relevant to the case," she said. But Spacey's attorney told Unruh that was not her decision to make. "I'm beginning to understand that," she said.
The former Boston TV anchor deleted the information, despite knowing how valuable the phone was as evidence in the case. "Nobody wants that phone more than we do," she said. "It's central to the case."
No one knows where the phone is and the accuser's family doesn't remember getting it back from police. However, two state troopers who worked on the case both testified that the phone was returned to the accuser's family.
Spacey's attorney explained in court that her testimony could potentially open her up to criminal prosecution. "It is illegal to delete, alter, manipulate any object, any data, anything," he said.
Unruh's son initially testified in court saying he did not delete anything on his phone that could potentially exonerate the actor. "I have no knowledge of any deletions on the phone," he told the court. But moments later he changed his mind and exercised his Fifth Amendment right against self-incrimination.
The accuser is the only witness in the case and the only physical evidence is that missing phone.
The actor's lawyer says he plans to file a motion to dismiss.
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