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A judge in Massachusetts said the case against actor Kevin Spacey, accused of groping a young man in a bar three years ago, may be dismissed because the accuser invoked the Fifth Amendment after testifying he did not delete anything from a cell phone central to the case.Spacey, 59, faces criminal charges of indecent assault and battery in connection to the alleged July 2016 incident. The former "House of Cards" star has pleaded not guilty and did not attend the Monday hearing. If convicted, he could face up to five years in prison.The pretrial hearing in Massachusetts focused on the cell phone the accuser used to text his girlfriend and send a video during the alleged assault. The prosecution said it obtained data from the phone, which it shared with the defense, and returned the phone to the man's family.But the phone is now missing.Spacey's defense team wants to examine the phone itself, claiming that exculpatory evidence may have been deleted before it was given to police and prosecutors. One of his lawyers, Alan Jackson, told the judge they believe the accuser and his mother "deleted things off the phone....they sanitized the phone."After testifying he didn't delete anything from the phone, the accuser consulted with his attorney and decided to exercise his Fifth Amendment right against self-incrimination. Judge Thomas Barrett found the accuser had the right to take the Fifth but said his testimony will be stricken.Jackson argued that "this case needs to be dismissed, and it needs to be dismissed today."The judge said the criminal case could be dismissed, but that it would not happen Monday."I have no knowledge of any deletion on my phone"Judge Barrett ruled in June the defense was entitled to inspect the phone. But the accuser and his family have said they don't have it and don't know where it is.The accuser testified that he did not delete any messages from his now-missing iPhone 5S, which he used to text his girlfriend and a group of seven friends the night of the incident in question.While he acknowledged parts of the conversation were missing, the accuser maintained he did not delete anything from his phone and suggested there may have been an error with the phone.Read the texts"I have no knowledge of any deletion on my phone," he testified. CNN is not naming the accuser because he is an alleged victim of sexual assault.Jackson, the defense lawyer, went through some of the texts from the screen shots that were turned over to police to show that they do not entirely match the data recovered from the forensic image, including a text from his girlfriend instructing him to "walk away."The lead investigator on the case testified that data had been altered on the phone.When asked by Jackson if he knew it was a crime to delete messages, the accuser said he was not previously aware of that.The man then took the Fifth Amendment.Accuser's parents testify According to Massachusetts State Trooper Gerald Donovan, the lead investigator, their notes reflect the phone was returned to the accuser's father. But an official receipt of the phone's return was not filed by police.The accuser's father testified he did not remember getting the phone back and has not seen the phone since it was first taken by investigators."We don't know, we don't think we have the phone," he said.He said he never told anyone to delete text messages from the phone.The accuser and his mother told the court through their lawyer that the last time the accuser saw his phone was before his mother delivered it to prosecutors in December 2017. On Monday, they reiterated that to the court in testimony.The accuser's mother -- Heather Unruh, a former TV news anchor in New England -- told Jackson she never instructed her son to delete text messages on his phone but did look at the phone herself before turning it over to police. She said she was looking for a video showing Spacey's hand down her son's pants because it was "very important."Unruh testified that "I deleted a few things," but she did not say exactly what. There was "no intent on my part," she said.Jackson showed her photos of her son drinking alcohol that were deleted. Asked if she deleted the pictures because they did not play into the narrative that Spacey plied his son with alcohol, she responded she was a mother looking at her son's phone for the first time and she saw things that "concerned" her."I didn't touch anything that was relevant to the case," she said.Jackson thundered back that "everything" was relevant.What happened to the phone?Legal filings by the defense say that during the alleged assault, the accuser sent text messages to his girlfriend from the phone, including a short video, and that the screenshots of the messages appear to begin mid-conversation.Some of the texts include the accuser telling his girlfriend: he got my number, he asked me to come out with him, he pulled my zipper down... he reached down my pants. The accuser also asks for help several times in the texts.Spacey's lawyers argued that the screen shots and a report by police leave no question evidence was deleted, and they should be allowed to try to recover it.When asked about possible missing text messages, Mitchell Garabedian, a family lawyer, told CNN he had no comment.Garabedian said they're trying to find backups of what was on the phone. They have a thumb drive and a forensic image of the accuser's MacBook, but he could not guarantee there were no deletions, Garabedian said.Civil lawsuit gets droppedIn another surprising twist, a civil lawsuit filed in June against Spacey was dropped last week.In court Monday, Garabedian said "because of the emotional aspect," the civil suit has been dismissed. Garabedian, referring to Spacey's accuser, said "he only wanted one roller coaster ride at a time."Later during the testimony of the accuser's mother, Jackson asked her if the civil suit was dropped because of a secret settlement. She emphatically answered no.Spacey's accuser, who was an 18-year-old busboy at a Nantucket bar at the time of the alleged assault, filed the civil complaint on June 26. In it, the accuser said Spacey bought him "multiple alcoholic beverages" before he forcibly touched and fondled his genitals -- the same allegations he made in the criminal case.The civil lawsuit accused Spacey of explicit sexual behavior and infliction of mental distress. It demanded judgment in an amount to be determined by a jury, including costs, interests and attorney fees. 6509

The summer months are the time to work on big highway construction projects. But once you start digging, you never know what you might uncover. “We have over seven pit houses and similar structures that we’ve identified and are excavating and are trying to get the information we need to interpret the site," said Charles Reed of Alpine Archaeologists. While getting ready to expand highway 550 near Durango, Colorado, a team discovered a site about the size of half a football field. Inside were multiple structures that likely were home to a Native American settlement more than 1,000 years ago. And now, the clock is ticking on this group of archaeologists. They’re trying to recover as much of it as possible before a highway is paved over all of it. “We’ve found some worked bone artifacts, which have been really cool," Reed said. "Some sort of worked bone awls, where they’re punching through leather and sort of stuff like that." Reed is leading the team of archaeologists as they excavate this site on top of the Florida mesa. “We have a lot of roof fall here, you can see the collapsed beams and posts along with the reddish oxidation from burning which is suggesting that they probably ritually closed at the end, like intentionally burned it and pulled it down,” said Reed. These archaeologists are hoping to find out more about who lived in these structures, what they ate, and when they left. And they might be the ancestors of the tribes that live nearby today. The Southern Ute Tribe is just a 20 minute drive away from the dig site. The tribe is a partner in the project, and they’re interested in what’s uncovered. They didn’t want to go on camera, but in a statement, they told us they’re collaborating with state agencies on what they call a highly sensitive project. These types of finds during construction aren’t that unusual. The Society of American Archaeology says last fiscal year more than 27 thousand properties were reviewed for historically significant discoveries. And many of these reviews include input from Native American tribes. The Southern Ute tribe says it wants to ensure that any ancestors recovered from these sites are treated with the utmost respect. Reed and his team will keep working with that care in mind until the clocks run out. “Any archaeological excavation, you never, never dig it all,” said Reed. One day soon, this will be a highway, but right now it’s a high point in Reed’s career. “It’s the biggest site, and coolest site I’ve gotten to work on.” 2534

[FINAL] #CenterIC Confirmed Tour Bus of the Josh Turner Road Crew was involved in this accident. Mr. Josh Turner and band were in different buses and not injured. #CHP and #Firefighters will be at scene several hours for investigation and clean up. pic.twitter.com/zVnPEjy5BN— CAL FIRE SLO (@CALFIRE_SLO) September 19, 2019 335

A 73-year-old hiker was rescued Saturday after spending seven days in the wilderness, Los Angeles County Sheriff's Department spokesman Edmo Luna said.Eugene Jo went missing June 22 after becoming separated from a hiking group near Mount Waterman in the San Gabriel Mountains of the Angeles National Forest, according to a Twitter post from the Montrose Search and Rescue Team.Jo was discovered Saturday morning around 11 a.m. Pacific time, according to the search and rescue team. Luna said the man was found "down a ravine in the Devil's Canyon area, quite a few miles away from the trail of the original hike."He had not eaten in at least five days and was drinking water out of Devils Canyon Creek, the search team's post said.The hiker suffered no traumatic injuries and was airlifted to a local hospital for further evaluation, according to Luna. Rescuers said he was walking and talking.Approximately 75 people split into 11 search teams searched for Jo Saturday morning, Luna said. 1001

2018 has been a tumultuous year in Washington — we've seen unprecedented turnover in the White House, the passings of two political statesmen, and indictments of several Trump associates as part of special counsel Robert Mueller's investigation (which still continues full speed ahead).The holidays, however, are a time to be hopeful. As the second year of the Trump administration comes to a close, here are five moments from this year's political news that everyone can find something to smile about, no matter your political leaning.1. Michelle Obama and George W. Bush's friendshipSince President Barack Obama took office, protocol has placed these two next to each other during official events. Former first lady Michelle Obama and former President George W. Bush have been spotted hugging, joining hands and just seeming to enjoy one another's company over the years, but their friendship went on full display earlier this year at the late Sen. John McCain's funeral. The two shared a sweet moment (and social media virality) when Bush handed Obama a cough drop in their row of former presidents and first ladies. At his own father's funeral later in the year, Bush repeated the gesture, handing Obama another small item from his pocket when he greeted her.In an interview in November, Obama said that her friendship with 43 "reminds us that we can get there with the right leadership and with the right tone setting and with each of us giving one another the benefit of the doubt.""I'd love if we as a country could get back to the place where we didn't demonize people who disagreed with us," she added.2. Tammy Duckworth's baby on the Senate floorIn April, Illinois Sen. Tammy Duckworth gave birth to a baby girl, making her 1746

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