BOSTON (CBS) — A hearing in the sexual assault case against actor Kevin Spacey is set for Monday morning on Nantucket.

The case largely focuses on the accuser’s cell phone and the text messages sent about this alleged sexual assault. A judge has ordered that cell phone be turned over to the state police.  If the family failed to do so, it could mean trouble for the prosecution, WBZ-TV legal analyst Jennifer Roman said.

“It wouldn’t be surprising if the case was dropped at this juncture. The prosecution’s case is really starting to crumble and without this cell phone, I think it’s just going to be a huge monumental task for them,” Roman explained.

A then-18-year-old busboy claimed he met Spacey at a Nantucket bar where the actor allegedly bought him several alcoholic drinks, then groped him three years ago.

Actor Kevin Spacey in Nantucket District Court on June 3, 2019. (WBZ-TV)

On Friday, Spacey’s accuser dropped the civil lawsuit that was also filed against the actor.

According to Roman, that could be for two reasons: both parties settled for money or the prosecution realized their case isn’t strong enough.

“It could be that the victim doesn’t want to go forward anymore. It could be that he realized what s a nightmare this could be for him and his family,” she added.

Spacey pleaded not guilty to an indecent assault and battery charge. He faces up to 2 ½ years in jail if convicted.

He is not required to be in court on Monday. Last month, Spacey made a surprise appearance for a hearing.

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