Arts & Entertainment
Spacey lawyers claim 2016 groping incident was consensual
Judge says disgraced actor must appear at Jan. 7 hearing

Disgraced gay actor Kevin Spacey disputes the old adage that any publicity is good publicity. On Dec. 31, Nantucket, Mass. District Court Judge Thomas Barrett denied a motion filed by Spacey’s legal team asking to waive his Jan. 7 arraignment appearance on one count of felonious indecent assault and battery. Through his attorneys, Spacey argued that, “my presence will amplify the negative publicity already generated in connection with this case.”
The motion also indicated that Spacey intended to plead not guilty to the sexual assault allegation. If convicted, the actor faces up to five years in prison or up to 2½ years in jail and a requirement to register as a sex offender, according to court documents.
In response, Cape and Islands Assistant DA Michael K. Giardino argued that under rules for criminal procedure, Spacey’s appearance is required at the arraignment.
More details about the case and Spacey’s legal strategy emerged during the initial 36-minute “show-cause” hearing Dec. 20 before the Clerk magistrate to determine if probable cause existed to merit a criminal charge. Spacey defense attorney Alan Jackson, a former Head Deputy District Attorney for the Los Angeles County DA, claimed that the 2016 groping incident was actually a consensual encounter initiated by the then-18-year-old alleged male victim. Spacey’s other legal team members include Bryan J. Freedman, a top-rated LA-based Entertainment & Sports attorney, and Juliane Balliro, a criminal defense attorney based in Boston.
During questioning, Jackson focused on the report by Massachusetts State Police Trooper-Detective Gerald F. Donovan that serves as the basis for the assault charge. In the police report, the still unidentified alleged victim, who worked as a busboy at the restaurant, told detectives he was the one who first approached the actor inside the bar area of the Club Car, a Nantucket restaurant, in July 2016. He admitted that he lied to Spacey, telling him that he was a 23-year-old college student, when he was actually 18 and not in college.

According to Donovan’s report, the alleged victim said he drank between eight and 10 alcoholic drinks (a mix of several beers and whiskey) in roughly an hour and a half. He also acknowledged he was intoxicated and that he may have blacked out shortly after Spacey allegedly groped him. He also told Donovan he smoked a cigarette with Spacey and later exchanged phone numbers with him.
Jackson asked Donovan to verify that the alleged victim had told him that the groping went on for approximately three minutes without the alleged victim moving away or telling Spacey to stop.
“That’s an incredibly long time to have a strange man’s hands in your pants, correct?” Jackson noted to Donovan, according to an audio recording of the hearing obtained by The Boston Globe.
“I would agree with that. Yes,” Donovan replied.
According to Donovan’s report, the alleged victim said he was texting his girlfriend at the time of the encounter with Spacey and he sent a video to his girlfriend over Snapchat to prove he was telling the truth. The teen’s girlfriend confirmed to detectives that she had received the video at the time. Jackson noted that both the prosecutor’s office and the defense team had copies of the brief video, which he noted shows an unidentified hand touching another person’s shirt, but does not show anyone being groped.
The alleged victim claimed that it was tough to move away in the crowded bar. He told investigators that he tried to shift his body away from Spacey and to push away Spacey’s hand, but “Spacey kept reaching down his pants,” according to the police report.
Jackson noted that investigators were unable to find anyone who witnessed the actual alleged groping, though Donovan’s report says other people confirmed seeing Spacey and the teenager together at the bar that evening, including one person who said they noticed the teenager at one point turned “pale, blank, a bit frightened.”
“After the alleged assault, which the victim claimed he was frozen with shock throughout, the actor went to the restroom at which time the young man left. He told investigators Spacey texted him ‘I think we lost each other,’ shortly thereafter, according to the complaint. The alleged victim did not respond,” The Wrap reported Dec. 27.
Donovan’s police report also notes that the alleged victim told detectives that he ran home after the incident and told family members about being groped that night.
“[The alleged victim] said the whole thing was embarrassing and has had a ‘profound emotional effect’ on him,” Donovan reported. “[He] called the police because he doesn’t want what happened to him to happen to anyone else.”
According to the court documents, the teenager first contacted the Nantucket Police on Oct. 31, 2016 reporting the assault. That’s one year before actor Anthony Rapp told Buzzfeed in a shocking Oct. 2017 interview that Spacey made sexual advances to him when he was a 14-year-old boy. Spacey, then aged 26, is alleged to have invited Rapp to his New York apartment for a party where he allegedly assaulted Rapp. Spacey later apologized publicly and then awkwardly disclosed that he is gay.
But Nantucket law enforcement apparently didn’t act in the 18-year-old’s case until his mother, former Boston WCVB news anchor Heather Unruh, held a press conference on Nov. 8, 2017 disclosing that her son had been sexually assaulted by the actor.
“My son was not of legal age to drink alcohol. He told Kevin Spacey that he was of legal age. But whether he was over 21 or not, Kevin Spacey has no right to sexually assault him. There was no consent,” The Wrap reported Unruh as saying. “Kevin Spacey bought him drink after drink after drink and when my son was drunk Kevin Spacey made his move and sexually assaulted him….We want to make it clear, this was a criminal act.”
Unruh added: “The victim, my son, was a starstruck straight 18-year-old young man who had no idea that the famous actor was an alleged sexual predator or that he was about to become his next victim.”
Unruh told reporters that her son didn’t report the assault at the time because he was embarrassed and scared. Her family decided to come forward after others went public with allegations of sexual misconduct against Spacey and other celebrities, she said.
The Nantucket investigation started after the alleged victim spoke with Donovan on Nov. 22, 2017. The news broke on Christmas Eve that Spacey would face one count of felonious assault.
The Nantucket Police Department referred all questions from the Los Angeles Blade about the initial report to the Cape & Islands DA’s Office where a spokesperson for District Attorney Michael D. O’Keefe said the office had no comment.
LA District Attorney spokesperson Greg Risling told the Los Angeles Blade that Spacey is still under scrutiny in a case that alleges he attacked a man in Malibu in October 2016.
This is the second sexual assault case against Spacey being handled by LA DA Jackie Lacey’s Entertainment Sex Crimes Task Force. Prosecutors declined to prosecute Spacey in the case of an unnamed adult gay man who alleged Spacey assaulted him in West Hollywood in October 1992—the gay man was not a minor at the time of the alleged assault. That case had been submitted to the DA’s office for review by the LA County Sheriff’s Department in August of 2018.
“The reporting party alleged that he was the victim of a sexual assault,” Risling told the Los Angeles Blade. “The allegation is outside the statute of limitations, therefore, an analysis of the strengths and weaknesses of the evidence is not warranted and prosecution is declined.”
Spacey is also under criminal probe in Britain. London’s Metropolitan Police are probing six allegations against Spacey after more men have come forward. A spokesperson for Scotland Yard said the law enforcement agency received three more allegations of sexual assault from February to April of 2018, in addition to the three made in late 2017.
According to Vox.com, there have been allegations made by more than 30 individuals against the actor since Oct. 2017, ranging from sexual harassment to sexual assault.
Neither Spacey nor his lawyers have addressed the allegations publicly, but the actor released a bizarre video Dec. 24 in the voice of Frank Underwood, his character on Netflix’s “House of Cards.” In it he says: “I’m certainly not going to pay the price for the thing I didn’t do.”
Some in social media questioned whether this was Spacey obliquely refuting the 18-year-old’s allegations or whether it was to portray Frank Underwood once again after having been ignominiously fired. Nonetheless—Underwood is a liar, cheat and murderer so it is unclear what message Spacey was trying to convey.
Movies
Superb direction, performances create a ‘Day’ to remember
A rich cinematic tapestry with deep observations about art, life, friendship
According to writer/director Ira Sachs, “Peter Hujar’s Day” is “a film about what it is to be an artist among artists in a city where no one was making any money.” At least, that’s what Sachs – an Indie filmmaker who has been exploring his identities as both a gay and Jewish man onscreen since his 1997 debut effort, “The Delta” – told IndieWire, with tongue no doubt firmly planted in cheek, in an interview last year.
Certainly, money is a concern in his latest effort – which re-enacts a 1974 interview between photographer Peter Hujar (Ben Whishaw) and writer Linda Rosenkrantz (Rebecca Hall), as part of an intended book documenting artists over a single 24-hour period in their lives – and is much on the mind of its titular character as he dutifully (and with meticulous detail) recounts the events of his previous day during the course of the movie. To say it is the whole point, though, is clearly an overstatement. Indeed, hearing discussions today of prices from 1974 – when the notion of paying more than $7 for Chinese takeout in New York City seemed outrageous – might almost be described as little more than comic relief.
Adapted from a real-life interview with Hujar, which Rosenkrantz published as a stand-alone piece in 2021 (her intended book had been abandoned) after a transcript was discovered in the late photographer’s archives, “Peter Hujar’s Day” inevitably delivers insights on its subject – a deeply influential figure in New York culture of the seventies and eighties, who would go on to document the scourge of AIDS until he died from it himself, in 1987. There’s no plot, really, except for the recalled narrative itself, which involves an early meeting with a French journalist who is picking up Hujar’s images of model Lauren Hutton, an afternoon photo shoot with iconic queer “Beat Generation” poet/activist Allen Ginsburg, and an evening of mundane social interaction over the aforementioned Chinese food. Yet it’s through this formalized structure – the agreed-upon relation of a sequence of events, with the thoughts, observations, and reflections that come with them – that the true substance shines through.
In relaying his narrative, Hujar exhibits the kind of uncompromising – and slavishly precise – devotion to detail that also informed his work as a photographer; a mundane chronology of events reveals a universe of thought, perception, and philosophy of which most of us might be unaware while they were happening. Yet he and Rosenkrantz (at least in Sachs’ reconstruction of their conversation) are both artists who are keenly aware of such things; after all, it’s this glimpse of an “inner life” of which we are rarely cognizant in the moment that was/is their stock-in-trade. It’s the stuff we don’t think of while we’re living our lives – the associations, the judgments, the selective importance with which we assign each aspect of our experiences – that later becomes a window into our souls, if we take the opportunity to look through it. And while the revelations that come may occasionally paint them in a less-than-idealized light (especially Hujar, whose preoccupations with status, reputation, appearances, and yes, money, often emerge as he discusses the encounter with Ginsberg and his other interactions), they never feel like definitive interpretations of character; rather, they’re just fleeting moments among all the others, temporary reflections in the ever-ongoing evolution of a lifetime.
Needless to say, perhaps, “Peter Hujar’s Day” is not the kind of movie that will be a crowd-pleaser for everyone. Like Louis Malle’s equally acclaimed-and-notorious “My Dinner With Andre” from 1981, it’s essentially an action-free narrative comprised entirely of a conversation between two people; nothing really happens, per se, except for what we hear described in Hujar’s description of his day, and even that is more or less devoid of any real dramatic weight. But for those with the taste for such an intellectual exercise, it’s a rich and complex cinematic tapestry that rewards our patience with a trove of deep observations about art, life, and friendship – indeed, while its focus is ostensibly on Hujar’s “day,” the deep and intimate love between he and Rosenkrantz underscores everything that we see, arguably landing with a much deeper resonance than anything that is ever spoken out loud during the course of the film – and never permits our attention to flag for even a moment.
Shooting his movie in a deliberately self-referential style, Sachs weaves the cinematic process of recreating the interview into the recreation itself, bridging mediums and blurring lines of reality to create a filmed meditation that mirrors the inherent artifice of Rosenkrantz’s original concept, yet honors the material’s nearly slavish devotion to the mundane minutiae that makes up daily life, even for artists. This is especially true for both Hujar and Rosenkrantz, whose work hinges so directly to the experience of the moment – in photography, the entire end product is tied to the immediacy of a single, captured fragment of existence, and it is no less so for a writer attempting to create a portrait (of sorts) composed entirely of fleeting words and memories. Such intangibles can often feel remote or even superficial without further reflection, and the fact that Sachs is able to reveal a deeper world beyond that surface speaks volumes to his own abilities as an artist, which he deploys with a sure hand to turn a potentially stagnant 75 minutes of film into something hypnotic.
Of course, he could not accomplish that feat without his actors. Whishaw, who has proven his gifts and versatility in an array of film work including not only “art films” like this one but roles from the voice of Paddington Bear to “Q” in the Daniel Craig-led “James Bond” films, delivers a stunning performance, carrying at least 75% of the film’s dialogue with the same kind of casual, in-the-moment authenticity as one might expect at a dinner party with friends; and though Hall has less speaking to do, she makes up for it in sheer presence, lending a palpable sense of respect, love, and adoration to Rosenkrantz’s relationship with Hujar.
In fact, by the time the final credits role, it’s that relationship that arguably leaves the deepest impression on us; though these two people converse about the “hoi polloi” of New York, dropping legendary names and reminding us with every word of their importance in the interwoven cultural landscape of their era, it’s the tangible, intimate friendship they share that sticks with us, and ultimately feels more important than any of the rest of it. For all its trappings of artistic style, form, and retrospective cultural commentary, it’s this simple, deeply human element that seems to matter the most – and that’s why it all works, in the end. None of its insights or observations would land without that simple-but-crucial link to humanity.
Fortunately, its director and stars understand this perfectly, and that’s why “Peter Hujar’s Day” has an appeal that transcends its rarified portrait of time, place, and personality. It recognizes that it’s what can be read between the lines of our lives that matters, and that’s an insight that’s often lost in the whirlwind of our quotidian existence.
Out & About
Gala Hispanic Theatre’s Flamenco Festival returns
Gala Hispanic Theater will host the 21st Annual “Fuego Flamenco Festival” from Thursday, Nov. 6 to Saturday, Nov. 22.
The festival will feature American and international artists who will gather in the nation’s capital to celebrate the art of Flamenco. Guests can save 20% on tickets with a festival pass.
The festival kicks off now through Nov. 10 with the D.C. premiere of Crónica de un suceso, created, choreographed and performed by Rafael Ramírez from Spain, accompanied by renowned flamenco singers and musicians. In this new show, Ramírez pays homage to the iconic Spanish Flamenco artist Antonio Gades who paved the way for what Flamenco is today. GALA’s engagement is part of an eight-city tour of the U.S. by Ramírez and company.
The magic continues Nov. 14-16 with the re-staging of the masterpiece Enredo by Flamenco Aparicio Dance Company, a reflection of the dual nature of the human experience, individual and social, which premiered at GALA in 2023.
For more information, visit the theatre’s website.
Friday, November 7
“Center Aging Friday Tea Time” will be at 12 p.m. in person at the DC Center for the LGBT Community’s new location at 1827 Wiltberger St., N.W. To RSVP, visit the DC Center’s website or email [email protected].
Go Gay DC will host “LGBTQ+ Community Social” at 7 p.m. at Silver Diner Ballston. This event is ideal for making new friends, professional networking, idea-sharing, and community building. This event is free and more details are available on Eventbrite.
Saturday, November 8
Go Gay DC will host “LGBTQ+ Community Brunch” at 12 p.m. at Freddie’s Beach Bar & Restaurant. This fun weekly event brings the DMV area LGBTQ+ community, including allies, together for delicious food and conversation. Attendance is free and more details are available on Eventbrite.
Sunday Supper on Saturday will be at 2 p.m. at the DC Center for the LGBT Community. This event will be full of food, laughter and community. For more information, email [email protected].
Monday, November 10
“Center Aging: Monday Coffee Klatch” will be at 10 a.m. on Zoom. This is a social hour for older LGBTQ adults. Guests are encouraged to bring a beverage of choice. For more information, contact Adam ([email protected]).
“Soulfully Queer: LGBTQ+ Emotional Health and Spirituality Drop-In” will be at 3 p.m. at the DC Center for the LGBT Community. This group will meet weekly for eight weeks, providing a series of drop-in sessions designed to offer a safe, welcoming space for open and respectful conversation. Each session invites participants to explore themes of spirituality, identity, and belonging at their own pace, whether they attend regularly or drop in occasionally. For more details visit the DC Center’s website.
Genderqueer DC will be at 7 p.m. on Zoom. This is a support group for people who identify outside of the gender binary, whether you’re bigender, agender, genderfluid, or just know that you’re not 100% cis. For more details, visit genderqueerdc.org or Facebook.
Wednesday, November 12
Job Club will be at 6 p.m. on Zoom. This is a weekly job support program to help job entrants and seekers, including the long-term unemployed, improve self-confidence, motivation, resilience and productivity for effective job searches and networking — allowing participants to move away from being merely “applicants” toward being “candidates.” For more information, email [email protected] or visit thedccenter.org/careers.
“Gay Men Speed Dating” will be at 7 p.m. at Public Bar Live. This is a fresh alternative to speed dating and matchmaking in a relaxed environment. Tickets start at $37 and are available on Eventbrite.
Thursday, November 13
The DC Center’s Fresh Produce Program will be held all day at the DC Center for the LGBT Community. People will be informed on Wednesday at 5 p.m. if they are picked to receive a produce box. No proof of residency or income is required. For more information, email [email protected] or call 202-682-2245.
Virtual Yoga Class will be at 7 p.m. on Zoom. This is a free weekly class focusing on yoga, breathwork, and meditation. For more details, visit the DC Center for the LGBT Community’s website.
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