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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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PHOTOS: Winchester Pride

Annual LGBTQ celebration held at the Museum of the Shenandoah Valley

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A scene from the 2026 Winchester Pride Festival on Saturday, Oct. 3. (Washington Blade photo by Michael Key)

The 2026 Winchester Pride Festival was held at the Museum of the Shenandoah Valley in Winchester, Va. on Saturday, Oct. 3.

(Washington Blade photos by Michael Key)

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Theater

‘Merrily’ is for Sondheim super fans, the uninitiated, and anyone in between

Experience it in an intimate setting with beautiful design, incredible cast

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Jason Gotay plays Frank Shepard in ‘Merrily We Roll Along.’

‘Merrily We Roll Along’
Through Nov. 1
Signature Theatre
4200 Campbell Ave., Arlington, Va.
Tickets start at $47
Sigtheatre.org

Unfaithful. Compromised. A sellout. Just a few descriptors that might fit Frank Shepard, the talented composer in the Stephen Sondheim musical “Merrily We Roll Along.”

“Personally, I think he gets a bad rap,” says Jason Gotay, the gay actor who’s currently playing womanizing Frank at Signature Theatre in Arlington. “At his core he wants to be loved. He’s concerned with making those around him happy and he’s a people pleaser. That’s my window into Frank.”

Whatever your thoughts, by show’s end, we know Frank started out as a nice guy. “Merrily” famously moves in a reverse chronological order. We meet Frank and friends, lyricist Charley Kringas (Jake Loewenthal) and writer Mary Flynn (Melanie Field), disillusioned in a New York penthouse in 1976. Ensuing scenes filled with disappointments and broken relationships move toward more hopeful times, eventually leaving the trio on a rooftop in 1957, young and full of promise searching the night sky for a happy future.

“Moving backward makes it difficult to build on the prior scene,” explains Gotay. 37. “You live heightened moments followed by 30-second costume changes, and you’re meant to forget everything you just did. To be honest, it’s a bit of a mind fuck.”

A marvelous but humble tenor, he begrudgingly acknowledges his artistic versatility. At New York City Center he sang Che in “Evita” (contemporary almost operatic), and he was solemn Henrik in Lincoln Center’s “A Little Night Music,” (classical Sondheim). On Broadway, he played Homer, the loyal brother in “Floyd Collins” (folksy bluegrass), and he’s sung the sweeping songs of a few Disney princes.

“I’m asked to do a lot of things because vocally I sing in many styles; it’s something I can do and I love doing it.”

Growing up in residential Dyker Heights, Brooklyn, Gotay was immersed in school plays and community theater. For high school, he attended the Professional Performing Arts School in midtown Manhattan with a focus on musical theater.

He continued on the same track for a year at Emerson College in Boston followed by Marymount Manhattan before graduating in 201l. A year later, he made his Broadway debut as Randall in Lin-Manuel Miranda’s hip-hop inspired “Bring It On: The Musical.”

Along the way, Gotay became a huge Sondheim fan. As a musical theater kid, he was introduced to the composer’s enduring classics all written before Gotay was born: “Into the Woods,” “Sweeney Todd,” and the actor’s forever favorite “Sunday in the Park with George.”

To many theatergoers’ surprise, “Merrily” flopped badly when it premiered on Broadway in 1981. But over many years of tweaks, reimaginings and revivals, the show became a major Broadway hit in 2023, with Jonathan Groff winning a Tony Award for playing Frank.

While he was aware of “Merrily,” Gotay didn’t make a deep dive into its wild provenance until he was asked to audition for the Broadway revival. (Briefly it looked like Groff, long attached to the show, might come up against some film conflicts.) It was during this short time that Gotay fell in love with Frank.

The experience left him further determined to sink his teeth into the complex character along with Sondheim’s lush melodic score with songs like “Not a Day Goes By,” “Old Friends,” and “Our Time.” So, when Gotay learned that Signature was slated to do “Merrily” this season, he reached out to Matthew Gardiner, the company’s artistic director as well as the production’s director/choreographer, asking how the role of Frank might be his. Long story short, he sought it, got it, and is ecstatically happy that it has worked out.

Several years ago, when Audible (Audible.com) came calling with an invitation to record a cabaret entirely of his own creation, he was thrilled.

“It’s probably the most personal thing I’ve ever done. My own story is a love letter to the women – my mother, friends, mentors, Broadway icons – who helped to shape my life; it’s about self-acceptance and what it is to grow up queer.”

He titled the solo show “Where You’ll Find Me,” a nod to his first love Dorothy Gale from “The Wizard of Oz.”

Often described as “a television heartthrob” (something the once chubby 12-year-old sometimes finds hard to process), Gotay is not unfamiliar with screens large and small. He’s remembered for various screen roles including his turn as Rafa Caparros, a prep school classics teacher who becomes entangled with a male student in HBO Max’s reboot of “Gossip Girl.”

Gotay recommends Signature’s “Merrily” for Sondheim superfans, the uninitiated, and anyone in between. He says, “It’s a great opportunity to learn about this once niche now increasingly mainstream musical. And if you have seen it before, this is a chance to experience it in an intimate setting with beautiful design and an incredible cast that truly brings the show to life.”

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Television

Engrossing ‘Tip Toe’ delivers tension and an ominous warning

A chilling reminder that violent homophobia is on the rise

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Alan Cumming and David Morrissey in ‘Tip Toe.’ (Photo courtesy of Channel 4/Starz)

Whenever a new project comes from queer Welsh screenwriter and producer Russell T Davies – who created the original “Queer As Folk” in 1999 before spearheading the revival of the classic BBC sci-fi series “Dr. Who” as head writer and showrunner in the mid-2000s – it generally leaps to the top of every queer “must watch” list, and with good reason.

A genuinely versatile creative force who can move easily between genres without losing the core of humanity that keeps us engaged, he’s particularly known for his unequivocal, unsentimental, and always fearlessly candid narratives about queer life, set within a social context that’s barely tolerant, at best. He has a knack for capturing both the transient beauty and persistent hardships that seem to define our beleaguered community. His most recent such endeavor, 2021’s “It’s a Sin,” took us back to the harrowing years of the AIDS epidemic, following a group of gay young Londoners as the disease – and the societal homophobia that surrounded it – wreaked its merciless havoc, even as they began to break free from their closets and embrace their queer identities; and while it may have broken our hearts, it was also somehow empowering, a tale that reminded us not just of what we lost, but of what we have survived.

His latest miniseries, however, takes place in the here and now, and it offers a markedly bleaker assessment of the state of things.

“Tip Toe,” which appeared on the UK’s Channel 4 last summer, debuts on U.S. screens via the Starz streaming service on Oct. 2, and it lets us know from its first few minutes that things are not going to end well; that’s not a spoiler – it’s a warning, because if you’re looking for a happy ending, you’re not going to find it here.

A tale of resurgent and emboldened homophobia in a modern-day Britain where open hate for the queer community has surged at an alarming rate, it’s the story of two men whose intertwining destinies feel almost like a tragic accident of fate. Leo (Alan Cumming) is a Gen-X AIDS survivor who has become a beloved figure in Manchester’s queer community, the owner of a popular gay bar that has always been a safe space for the queer, trans, and questioning souls who are struggling toward self-acceptance; his next-door neighbor, Clive (David Morrissey), is a working-class electrician with a floundering marriage and two sons who live secret lives he knows nothing about. He’s an old-school “macho man” whose ingrained misogyny and homophobia have grown increasingly unfiltered with the rise of online “culture war” rhetoric; and while there’s a kind of forced “neighborly” friendship between himself and Leo, there’s also a clear-cut line of judgement – on both sides – that gives their interactions a sense of barely concealed hostility.

When Leo is locked out of his apartment after a messy hook-up gone wrong, Clive comes to his rescue, but uses the opportunity to impose himself on Leo’s privacy. He levies the situation into an opportunity for work – an electrical revamp of Leo’s bar, where he makes no secret of his  disdain for the queer “lifestyle” – and the tension between them continues to build despite Leo’s best efforts at being polite. The escalation reaches a boiling point when the secrets and lies in his own household lead Clive to suspect Leo of being a sexual predator, turning their precarious relationship into a minefield of hostility and inevitably pushing both men into a confrontation that will end in a shocking act of violence.

It might go without saying that “Tip Toe” is not the kind of show most of us would watch “for fun.” Russell’s script starts the relationship between its two antagonists at the threshold between a simmer and a boil, and shows us the outcome before either of them has even said a word, so it’s mostly impossible to avoid the sense of dread that hangs over everything that comes after. This is not a weakness; instead, aided by Peter Hoar’s masterful direction, it gives the show’s five episodes a slow build of tension that keeps us watching with morbid fascination, like the scene of a horrible road accident we’re forced to drive past in slow motion. We’re allowed to feel some hope along the way – after all, we’ve only had a glimpse of what is to happen, and there are other characters with storylines in which we can become invested along the way – but it’s a kind of grim hope, and it perfectly captures the fearful cultural zeitgeist-of-the-moment that the series is ultimately about.

The characters, too, are richly drawn and layered enough to avoid a simplistic “good guy/bad guy” dynamic. Clive is a brute – arrogant, uncivil, and forcefully antagonistic with a hair trigger that responds to anything or anyone that doesn’t meet his approval – but there’s enough broken humanity underneath all that to allow us to see a glimmer of potential for redemption. Likewise, Leo is mostly good-natured and likable, but he has an arrogance of his own, as well as some bitter resentments (most of them related to his ex-husband Curtis played by Charlie Condou), who left him for a woman), which – more than occasionally – surface to provide him with some ugly moments.

There are others, too; Melba (Paul Rhys), Leo’s gender-bending longtime bestie, who sees the growing danger in the world around them and voices it with the resigned stoicism of a reluctant Cassandra; Steph (Elizabeth Barrington), Leo’s straight friend who is not afraid to let him know when he’s too full of himself; Saul (Joseph Evans), Clive’s 20-something son who has evolved a more tolerant and easy-going outlook than his father, and teenaged George (Jackson Connor), Clive’s other son, whose struggles with his own identity take him on a roller-coaster ride of conflicted emotions; Marie (Pookie Quesnel), the wife who despises Clive but is unable to escape her unhappy existence with him; and Zee (Iz Hekseth), Leo’s employee who is trying to choose a name for herself after coming out as trans – along with a variety of other young, queer supporting players who have found refuge at the bar. All of them are written with depth and nuance, even those who remain more or less in the background, and brought to life through excellent, measured performances.

It is, however, Cumming and Morrissey who give the show its irresistible pull, their complex, bristling characters endowed with a palpable authenticity that makes us forget they are merely actors playing roles. They fully inhabit these two thorny men, creating a dynamic between them that feels like a force of nature, and it’s they who provide the terrible power that keeps us from looking away, no matter how much we might occasionally want to.

That’s a good thing, because “Tip Toe” is less a television event than it is a grim reminder that being “out” may no longer be as safe as we were finally beginning to think it was – and just because the alarm bell is coming from the UK, that doesn’t mean we shouldn’t heed its warning on our side of the Atlantic, too.

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