James Jimenez stood trial last year (09) after he allegedly stole a designer bag from Dunst's suite at the SoHo Grand Hotel in New York in 2007.
Jimenez was convicted on a misdemeanour count of criminal trespass in October (09), but members of the jury failed to reach a verdict on charges of felony burglary.
A retrial is now underway, and during a hearing at Manhattan Supreme Court on Wednesday (26May10), a lawyer representing the 35-year-old suspect claimed Jimenez gained access to the suite because he accompanied Jarrod Beinerman, who was allegedly invited to Dunst's hotel room.
Defence lawyer Robert Parker told the court, "There were drugs in the room. Beinerman is a major New York drug dealer. (Jimenez) obviously had permission to be there. (Beinerman was) selling drugs to someone on the penthouse floor. How did those guys get up to the penthouse floor? It's a very, very secure floor."
Prosecutors objected to the allegation and the lawyer was banned from revealing any more information about Beinerman's criminal background unless he is called to testify. He is currently serving a four-year prison sentence for burglary.
A rep for Dunst has also spoken out about the allegation, insisting it's completely untrue. Her spokesman Stephen Huvane tells the New York Daily News, "That is completely false and clearly a desperate ploy by the attorney."
The Spider-Man star, who testified at the original trial last year (09), is expected to take the stand again next week (beg31May10).
War epic 300 and sequel Pirates of the Caribbean: Dead Man's Chest are leading the nominations for the 2007 MTV Movie Awards with five and four nods apiece.
Both films have been nominated for the Best Movie award, alongside Blades of Glory, Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan and Little Miss Sunshine.
300 star Gerard Butler is up for Best Performance and Best Fight, while Lena Headey and Rodrigo Santoro have been nominated for Breakthrough Performance and Best Villain, respectively.
Pirates of the Caribbean: Dead Man's Chest actors Johnny Depp and Keira Knightley have also both picked up nods for Best Performance, while Bill Nighy is up for Best Villain.
The full list of 2007 MTV Movie Awards nominees is:
Blades of Glory
Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan
Little Miss Sunshine
Pirates of the Caribbean: Dead Man's Chest
Johnny Depp--Pirates of the Caribbean: Dead Man's Chest
Keira Knightley--Pirates of the Caribbean: Dead Man's Chest
Will Smith--The Pursuit of Happyness
Emily Blunt--The Devil Wears Prada
Abigail Breslin--Little Miss Sunshine
Columbus Short--Stomp the Yard
Jaden Smith--The Pursuit of Happyness
Justin Timberlake--Alpha Dog
Best Comedic Performance:
Emily Blunt--The Devil Wears Prada
Sacha Baron Cohen--Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan
Will Ferrell--Blades of Glory
Ben Stiller--Night at the Museum
Cameron Diaz & Jude Law--The Holiday
Will Ferrell & Sacha Baron Cohen--Talladega Nights: The Ballad of Ricky Bobby
Columbus Short & Meagan Good--Stomp the Yard
Mark Wahlberg & Elizabeth Banks--Invincible
Marlon Wayans & Brittany Daniel--The Little Man
Tobin Bell--Saw III
Jack Nicholson--The Departed
Bill Nighy--Pirates of the Caribbean: Dead Man's Chest
Meryl Streep--The Devil Wears Prada
Jack Black & Hector Jimenez vs. Los Duendes (Wrestling Match)--Nacho Libre
Gerard Butler vs. 'The Uber Immortal' (The Spartan/Persian Battle)--300
Sacha Baron Cohen vs. Ken Davitian (Naked Wrestling)--Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan
Will Ferrell vs. Jon Heder (Ice-Rink Fight)--Blades of Glory
Uma Thurman vs. Anna Faris (Super Girl Fight)--My Super Ex-Girlfriend
Best Summer Movie You Haven't Seen Yet:
Evan Almighty (released June 22)
Fantastic Four: Rise of the Silver Surfer (released June 15)
Hairspray (released July 20)
Harry Potter and the Order of the Phoenix (released July 13)
Rush Hour 3 (released Aug. 10)
Transformers (released July 4)
MTVu Best Filmmaker on Campus:
Robert Dastoli--Southwestern Orange County vs. The Flying Saucers (University of Central Florida)
Maria Gigante--Girls Room (Columbia College, Chicago)
Josh Greenbaum--Border Patrol (University of Southern California)
Alexander Poe--Please Forget I Exist (Columbia University)
Andrew Shipsides--Bottleneck (Savannah College of Art & Design)
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