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Spacey lawyers claim 2016 groping incident was consensual

Judge says disgraced actor must appear at Jan. 7 hearing

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Kevin Spacey posted a bizarre video last week. (Screen grab from YouTube)

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.

The Club Car restaurant in Nantucket was the scene of the alleged assault. (screen grab from Google Earth)

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.

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Music & Concerts

Indigo Girls coming to Capital One Hall

Stars take center stage alongside Fairfax Symphony

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The Indigo Girls are back in the area next week. (Photo courtesy of Vanguard Records)

Capital One Center will host “The Indigo Girls with the Fairfax Symphony Orchestra” on Thursday, June 19 and Friday, June 20 at 8 p.m. at Capital One Hall. 

The Grammy Award-winning folk and pop stars will take center stage alongside the Fairfax Symphony, conducted by Jason Seber. The concerts feature orchestrations of iconic hits such as “Power of Two,” “Get Out The Map,” “Least Complicated,” “Ghost,” “Kid Fears,” “Galileo,” “Closer to Fine,” and many more.

Tickets are available on Ticketmaster or in person at Capital One Hall the nights of the concerts. 

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Calendar

Calendar: June 13-19

LGBTQ events in the days to come

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Friday, June 13

“Center Aging Friday Tea Time” will be at 2 p.m. in person at the DC Center for the LGBT Community’s new location at 1827 Wiltberger St., N.W. This is a social hour for older LGBTQ adults. Guests are encouraged to bring a beverage of choice. For more details, email [email protected]

Women in Their Twenties and Thirties will be at 8 p.m. at Wundergarten. An update will be posted the night of the event on where to find WiTT’s table. There’ll be a Pride flag to help people find the group. For more details, join WiTT’s closed Facebook group

Go Gay DC will host “LGBTQ+ Community Pride Month Happy Hour” at 7 p.m. at Freddie’s Beach bar and Restaurant. 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, June 14

Go Gay DC will host “LGBTQ+ Community Pride Month Brunch” at 11 a.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.

Rainbow History Project will host “Behind the Scenes With the Senior Curator of ‘Pickets, Protests and Parades’” at 7:30p.m. at Freedom Plaza. This behind-the-scenes experience offers a rare glimpse into the creative process behind this groundbreaking showcase of DC’s LGBTQ+ history. Learn about the bold design decisions that shaped the Quote Wall and Hero Cubes and the powerful stories that almost made the cut. Tickets cost $82 and can be purchased on Eventbrite

Monday, June 16

“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 details, email [email protected]

Genderqueer DC will be at 7 p.m. in person at the DC Center for the LGBT Community. 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 information, visit their website at www.genderqueerdc.org or check us out on Facebook

Tuesday, June 17

Bi+ Roundtable and Discussion will be at 7 p.m. on Zoom. This is an opportunity for people to gather in order to discuss issues related to bisexuality or as Bi individuals in a private setting. Check out Facebook or Meetup for more information.

Wednesday, June 18

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.

“Legends Live Loud: A Queer Karaoke Experience” will be at 7 p.m. at the DC Center for the LGBT Community. This will be a dynamic, Center-wide karaoke event celebrating the brilliance and cultural impact of some of our most colorful queer icons. The Center will honor legends through music, pop culture, dance, and inextinguishable liberation. For more details and to sign up, visit the DC Center’s website

Thursday, June 19

Go Gay DC will host “LGBTQ+ Book Club” at 7:30 p.m. at Federico Ristorante Italiano. This book club is co-hosted by EQUALITY NoVa and is another opportunity to engage in a fun and rewarding activity. The group doesn’t discriminate when it comes to genres it reads – from classic literature to best selling novels to biographies to histories to gay fiction. For more details, visit Eventbrite

Cultivating Change Foundation will host “Cultivating Pride Happy Hour” at 5:30 p.m. at Dacha Beer Garden. This Pride month, the organization is inviting LGBTQ+ people and allies in food and agriculture to come together in communities nationwide. These informal gatherings are a chance to connect, celebrate, and build community, whether it’s over coffee, a cocktail, or a conversation. Attendance is free and more details are available on Eventbrite

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Movies

Wes Anderson’s elaborate ‘Scheme’

Director ditches the quirk for an esoteric experience

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The cast of ‘The Phoenician Scheme.’ (Photo courtesy of Focus Features)

There was a time, early in his career, that young filmmaker Wes Anderson’s work was labeled “quirky.” 

To describe his blend of dry humor, deadpan whimsy, and unresolved yearning, along with his flights of theatrical fancy and obsessive attention to detail, it seemed apt at the time. His first films were part of a wave when “quirky” was almost a genre unto itself, constituting a handy-but-undefinable marketing label that inevitably became a dismissive synonym for “played out.”

That, of course, is why every new Wes Anderson film can be expected to elicit criticism simply for being a Wes Anderson film, and the latest entry to his cinematic canon is, predictably, no exception.

“The Phoenician Scheme” – released nationwide on June 6 – is perhaps Anderson’s most “Anderson-y” movie yet. Set in the exact middle of the 20th Century, it’s the tall-tale-ish saga of Anatole “Zsa-Zsa” Korda (Benicio del Toro), a casually amoral arms dealer and business tycoon with a history of surviving assassination attempts. The latest – a bomb-facilitated plane crash – has forced him to recognize that his luck will eventually run out, and he decides to protect his financial empire by turning it over (on a trial basis, at least) to his estranged daughter Liesl (Mia Threapleton), currently a novice nun on the verge of taking her vows. She conditionally agrees, despite the rumors that he murdered her mother, and is drawn into an elaborate geopolitical con game in which he tries to manipulate a loose cadre of “world-building” financiers (Tom Hanks, Bryan Cranston, Riz Ahmed, Mathieu Amalric, and Jeffrey Wright) into funding a massive infrastructure project – already under construction – across the former Phoenician empire.

Joined by his new administrative assistant and tutor, Bjorn (Michael Cera), Korda and Liesl travel the world to meet with his would-be investors, dodging assassination attempts along the way. His plot is disrupted, however, by the clandestine interference of a secret coalition of nations led by an American agent code-named “Excalibur” (Rupert Friend), who seeks to prevent the shift of geopolitical power his project would create. Eventually, he’s forced to target a final “mark” – his ruthless half-brother Nubar (Benedict Cumberbatch), with whom he has played a lifelong game of “who can lick who” – for the money he needs to pull it off, or he’ll lose his fortune, his oligarchic empire, and his slowly improving relationship with his daughter, all at once.

It’s clear from that synopsis that Anderson’s scope has widened far beyond the intimate stories of his earliest works – “Bottle Rocket,” “Rushmore,” “The Royal Tenenbaums,” and others, which mostly dealt with relationships and dynamics among family (or chosen family) – to encompass significantly larger themes. So, too, has his own singular flavor of filmmaking become more fully realized; his exploration of theatrical techniques within a cinematic setting has grown from the inclusion of a few comical set-pieces to a full-blown translation of the real world into a kind of living, efficiently-modular Bauhaus diorama, where the artifice is emphasized rather than suggested, and realism can only be found through the director’s unconventionally-adjusted focus. 

His work is no longer “quirky” – instead, it has grown with him to become something more pithy, an extension of the surreal and absurdist art movements that exploded in the tense days before World War II (an era which bears a far-too-uncomfortable resemblance to our own) and expresses the kind of politically-aware philosophical ideas that helped to build the world which has come since. It is no longer possible to enjoy a Wes Anderson movie on the basis of its surface value alone; it is necessary to read deeper into his now-well-honed cinematic language, which is informed not just by his signature aesthetic but by intellectual curiosity, and by the art, history, and cultural knowledge with which he saturates his work – like pieces of a scattered puzzle, waiting to be picked up and assembled along the way. Like all auteurs, he makes films that are shaped by a personal vision and follow a personal logic; and while he may strive to make them entertaining, he is perhaps more interested in providing insight into the wildly contradictory, often nonsensical, frequently horrifying, and almost always deplorable behavior of human beings. Indeed, the prologue scene in his latest endeavor illustrates each of those things, shockingly and definitively, before the opening credits even begin.

By typical standards, the performances in “Phoenician Scheme” – like those in most of Anderson’s films – feel stylized, distant, even emotionally cold. But within his meticulously stoic milieu, they are infused with a subtle depth that comes as much from the carefully maintained blankness of their delivery as it does from the lines themselves. Both del Toro and Threapleton manage to forge a deeply affecting bond while maintaining the detachment that is part of the director’s established style, and Cera – whose character reveals himself to be more than he appears as part of the story’s progression – begs the question of why he hasn’t become a “Wes Anderson regular” long before this. As always, part of the fun comes from the appearances of so many familiar faces, actors who have become part of an ever-expanding collection of regular players – including most-frequent collaborator Bill Murray, who joins fellow Anderson troupers Willem Dafoe and F. Murray Abraham as part of the “Biblical Troupe” that enact the frequent “near-death” episodes experienced by del Toro’s Korda throughout, and Scarlett Johansson, who shows up as a second cousin that Korda courts for a marriage of financial convenience – and the obvious commitment they bring to the project beside the rest of the cast.

But no Anderson film is really about the acting, though it’s an integral part of what makes them work – as this one does, magnificently, from the intricately choreographed opening credit sequence to the explosive climax atop an elaborate mechanical model of Korda’s dream project. In the end, it’s Anderson himself who is the star, orchestrating his thoroughly-catalogued vision like a clockwork puzzle until it pays off on a note of surprisingly un-bittersweet hope which reminds us that the importance of family and personal bonds is, in fact, still at the core of his ethos.

That said, and a mostly favorable critical response aside, there are numerous critics and self-identified fans who have been less than charmed by Anderson’s latest opus, finding it a redundant exercise in a style that has grown stale and offers little substance in exchange. Frankly, it’s impossible not to wonder if they have seen the same movie we have.

“The Phoenician Scheme,” like all of its creator’s work, is ultimately an esoteric experience, a film steeped in language and concepts that may only be accessible to those familiar with them – which, far from being a means of shutting out the “unenlightened,” aims instead to entice and encourage them to think, to explore, and, perhaps, to expand their perspective. It might be frustrating, but the payoff is worth it. 

In this case, the shrewd political and economical realities he illuminates behind the romanticized “Hollywood” intrigue and his deceptively eccentric presentation speak so profoundly to the current state of world we live in that, despite its lack of directly queer subject matter, we’re giving it our deepest recommendation.

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