BUT ADDITIONAL RAIN TOMORROW.
MORE TO COME IN A LITTLE WHILE.
BEN: THANK YOU FOR THAT.
LET’S GET BACK TO OUR TOP STORY, THE ABANDONMENT OF THE PROSECUTION OF THE KEVIN SPACEY CASE ON NANTUCKET.
MARIA: LET’S GET TO OUR LEGAL ANALYST, GREG HENNING.
A SURPRISE OR NOT?
>> AFTER WHAT WE HAVE SEEN OVER THE PAST FEW WEEKS AND THE TESTIMONY, THIS IS NOT A SURPRISE.
I THINK THE WRITING WAS ON THE WALL IN VIEWERS WHO WATCHED THE PROCEEDINGS IN COURT DURING THE LAST HEARING ABOUT THE CELLULAR TELEPHONE, I THINK YOU COULD PREDICT THIS CASE WAS NOT GOING
TO SURVIVE.
BEN: LET’S TALK ABOUT THE LEGAL JARGON.
THE FILING FROM THE DA USES THIS LATIN TERM?
>> IT, MASSACHUSETTS CRIMINAL RULES AND PROCEDURES ALLOWS THE PROSECUTION THE END AT THE DISCRETION OF THE COMMONWEALTH.
HE SAID THE PROSECUTION IN THIS CASE IS TERMINATED.
MARIA: I WANT TO MAKE IT CLEAR, RIGHT NOW THE CASE IS IS DROPPED AND THE CHARGES HAVE BEEN DISMISSED AND THIS IS OVER IN TERMS OF THIS CASE?
>> THE CHARGES THAT NO LONGER IN EXISTENCE.
THERE IS A DIFFERENCE BETWEEN A DISMISSAL WHICH A COURT CAN ENTER IN A SITUATION WHERE THE PROSECUTION VOLUNTARILY SAYS WE ARE ENDING THIS PROSECUTION.
THAT IS WHAT IS HAPPENING HERE.
IT IS A DECISION BY THE PROSECUTING ATTORNEY, AN INDEPENDENT DECISION.
NOBODY ELSE PARTICIPATES IN THIS.
THE JUDGE AND DEFENSE ARE NOT A PART OF THIS.
THIS IS THE DA SAYING WE ARE ENDING THE CASE.
BEN: LET’S TALK ABOUT WHAT LED UP TO THIS, A HEARING A WEEK AGO , WHETHER OR NOT TEXT MESSAGES WERE DELETED, WHETHER THEY MAY HAVE BEEN PIVOTAL TO KEVIN SPACEY’S CASE.
ARE YOU SURPRISE, YOU SAID YOU WERE NOT SURPRISED, BUT IF THE ACCUSER HAD NOT PLEADED THE FIFTH, EVEN WITH THOSE TEXT MESSAGES DELETED, DO YOU THINK THE CASE WOULD HAVE GONE
FORWARD?
>> THE PLEADING OF THE FIFTH IS THE DIFFERENCE MAKER IN THIS CASE.
MARIA: DO YOU EXPECT ANY MORE >> THIS IS THE END OF THE STORY.
THERE IS THE POTENTIAL CHARGES COULD BE REFILED IN THE FUTURE, ALTHOUGH EXTREMELY UNLIKELY.
THEY ARE SAYING DUE TO THE UNAVAILABILITY OF THE WITNESS, THE CASE IS OVER.
FOR ALL INTENTS AND PURPOSES, IT IS OVER.
IT LOOKS LIKE THE CASE IS TERMINATED FOR THIS SPECIFIC CASE.
BEN: LET’S TALK ABOUT THIS CASE IN THE CIVIL APP.
THE COMPLAINING WITNESS AND FAMILY HAD FILED A CIVIL LAWSUIT, THEN WITHDREW IT.
ARE THERE ANY LEGAL AVENUES FORWARD FOR HIM IN CIVIL COURT, OR FOR KEVIN SPACEY IN CIVIL COURT?
>> WAS THE COMPLAINING WITNESS AND FAMILY TERMINATED THE CIVIL CASE, THEY DID THAT WITH PREJUDICE.
THAT FILING SAID WE ARE TERMINATING THIS CASE AND WILL NOT BE ABLE TO REFILE IT BECAUSE IT IS DONE WITH PREJUDICE.
THERE MIGHT BE ALTERNATIVE GROUNDS THEY MIGHT COME UP WITH TO SUE KEVIN SPACEY, BUT THAT IS UNLIKELY.
YOU COULD SEE OTHER PEOPLE ATTEMPTING TO SUE MR. SPACEY, BUT FOR THIS CASE, THE CRIMINAL AND CIVIL SIDE, THE DOCUMENTS FILED MAKE THIS A DONE DEAL.
MARIA: ALL RIGHT, OUR LEGAL ANALYST GREG HENNING WITH THE LATEST ON THE BREAKING NEWS, THE SEXUAL ASSAULT CHARGES AGAINST KEVIN SPACEY HAVE JUST BEEN DISMISSED OUT OF THAT NANTUCKET
COURTR