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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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Bars & Parties

Impulse Group DC to host fundraiser

Giving Tuesday and Happy Hour held at Thurst Lounge

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Thurst Lounge (Washington Blade photo by Michael Key)

Impulse Group DC, a local advocacy organization, will host “Giving Tuesday and Happy Hour” on Tuesday, Dec. 2 at 6 p.m. at Thurst Lounge. 

This event is a special happy hour fundraiser filled with good vibes, great food, and community connection. DJ Obie will be on deck keeping the energy high while you enjoy tacos, cocktails, and the kind of atmosphere only Thurst can deliver.

A portion of every signature cocktail sold goes directly toward supporting Impulse Group D.C.’s work in sexual health, mental health, harm reduction, and social justice for the D.C. community.

Admission is free and more details are available on Eventbrite

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Calendar

Calendar: November 28-December 4

LGBTQ events in the days to come

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Friday, November 28

“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 Happy Hour” at 7 p.m. at Dupont Italian Kitchen Bar. 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 29

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, November 30

Go Gay DC will host “LGBTQ+ Coffee and Conversation” at 12 p.m. at As You Are. Guests are encouraged to come and enjoy stimulating conversation. For more details, visit Eventbrite.

Monday, December 1

“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.

Tuesday, December 2 

Universal Pride Meeting will be at 7 p.m. on Zoom. This group seeks to support, educate, empower, and create change for people with disabilities. Email [email protected] with any questions. 

Friends of Dorothy Cafe will host “Choose Our Blend” at 6 p.m. at Stardust Vintage & Gift. Guests are encouraged to come sip, sample, and vote on a lineup of custom coffee blends from Rustic Route Coffee Co., a DMV-based queer-owned roaster. Guests’ votes will help Rustic Route choose the café’s official signature roast. Event organizers will take donations, and more details are available on Eventbrite

Wednesday, December 3

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 www.thedccenter.org/careers.

Center Aging Women’s Social Discussion Group will be at 7 p.m. on Zoom. This group is a place where older LGBTQ women can meet and socialize with one another. There will be discussion, activities, and a chance for guests to share what they want future events to include. For more details, email [email protected]

Thursday, December 4

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.

API Queer Support Group will be at 7 p.m. on Zoom. This is a support group for the Asian and Pacific Islander Queer Community. For more details, email [email protected].

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Theater

D.C. theater scene has something for everyone this holiday season

‘Nutcracker,’ ‘A Christmas Carol,’ and much more

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Michael Russotto in ‘A Christmas Carol: A Ghost Story of Christmas’ at Olney Theatre Center. (Photo by Teresa Castracane Photography)

With its familiar music, yuletide imagery, and storytelling, theater can be a big part of the holidays. Add to that making memories and theater tickets wrapped as presents under the tree, and it’s a seasonal no brainer.

Folger Theatre presents “Resplendent Joy: Christmas Traditions from Spain and Portugal” (Dec. 5-14); the marvelous Folger Consort will perform early Spanish Christmas carols and traditional holiday music from early modern Spain and Portugal: folger.edu/resplendent

At Round House Theatre, playwright Sam Holcroft’s “Rules for Living” (Dec. 3-Jan. 4) makes its U.S. premiere. The darkly funny holiday comedy was a hit in London and is now hoping to repeat that success with a version tailored for the states. The seven-person cast includes versatile actors Naomi Jacobson and real-life spouse John Lescault. Ryan Rillette directs. roundhousetheatre.org

Theatre J presents “Chanukah in the Dark” (Dec. 6-21), an hour-long play ideal for ages five and up. “When the lights go out during Chanukah, Max and family begin sharing songs, stories, and traditions — only to discover the lights they needed and the miracles they searched for were in their midst all along.”  edcjcc.org

The Cathedral Choral Society’s “Joy of Christmas” (Dec. 13-14) presents a wonderful program of carols and beloved holiday favorites at the festively decorated National Cathedral. The program features Seraph Brass, organist Edward Hewes, Carillonneur Edward M. Nassor, percussionist Mary La Blanc of “The President’s Own” U.S. Marine Band, and the Eastern Concert Choir from Eastern Senior High School. Cathedralchoralsociety.org 

With “The Holiday Show,” (Dec. 13, 14, and 20), the Gay Men’s Chorus returns to entertain audiences with its annual and most popular show. 

This year the holiday extravaganza is bigger than ever at historic Lincoln Theatre with new, soulful arrangements of favorite holiday carols: “The reindeer will be high-kicking and the snowflakes will sparkle. Songs include “O Holy Night,” “Rudolph the Red Nosed Reindeer,” “Let It Snow,” “We Wish You the Merriest,” and “Go Tell It on the Mountain.’” gmcw.org

At Olney’s intimate Mulitz-Gudelsky Theatre Lab, out actor Michael Russotto is back for the holiday season in his solo show “Christmas Carol: A Ghost Story of Christmas” (through Dec. 28). The talented Russotto portrays nearly 50 different characters from the Charles Dickens classic, that proves “funnier and far more relevant than you might imagine.” Olneytheatre.org

Also on holiday offer in the DMV are a jolly bunch of musical chestnuts as well as reliable Christmas crowd-pleasers.

Included on the roster is Olney Theatre’s production of Jerry Herman’s “Hello, Dolly!” (through Jan. 4) starring the mega-talented Nova Y. Payton. Based on the play “The Matchmaker” by famed gay playwright Thornton Wilder, the musical has proved a vehicle for many a diva including Carol Channing, Pearl Bailey, Bette Midler, and Barbra Streisand. Now Payton dons the mantle and the buzz is good.

Another beloved musical is “Fiddler on the Roof” (through Jan. 25), the story of Tevye, a poor Jewish milkman, his family and their tight-knit community who honor tradition while contending with pogroms in Czarist Russia. Currently being performed intimately in the round at Signature Theatre in Arlington and directed by Joe Calarco, the large cast features actors Douglas Sills, Chrisopher Bloch, and terrific out actor Jake Loewenthal as the poor tailor Motel Kamzoil, all singing Broadway favorites like “Sunrise, Sunset” “If I Were a Rich Man” and “Matchmaker.” sigtheatre.org  

At Shakespeare Theatre Company’s Harman Hall is Frank Loesser’s “Guys and Dolls” (through Jan. 4). Based on tales from famed American journalist Damon Runyon, the show focuses on two overlapping love stories set in Depression-era Times Square. The terrific score includes songs like “Luck Be a Lady,” “Sit Down, You’re Rockin’ the Boat,” “A Bushel and a Peck,” and more songs you’ll know. Directed by Francesca Zambello and choreographed by Joshua Bergasse. 

The cast includes Julie Benko, Lamont Brown, and Holly Twyford as General Matilda B. Cartwright, which is reason enough to buy a ticket. shakespearetheatre.org 

And for hardcore traditionalists there’s the Washington Ballet’s “The Nutcracker” (through Dec. 29) with its balletic magic at the charming gilded Warner Theatre. The beloved production of Tchaikovsky’s ballet, here set in 1882 Georgetown, features a retinue of agile partiers, children, soldiers, rats, and notable figures from American history.  washingtonballet.org

And last but hardly least, historic Ford’s Theatre presents “A Christmas Carol” (through Dec. 31), an enduring Washington tradition since I was youngish. Conceived by Michael Baron, this charming Dickens’ moneymaker again spotlights Craig Wallace as miserly Ebenezer Scrooge who after a night of ghostly visits, rediscovers Christmas joy. Fords.org

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