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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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DC Center marks one year at new location

Milestone celebrated with tours, programming

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The DC LGBTQ+ Community Center opened in its new location last April. (Washington Blade file photo by Michael Key)

The DC LGBTQ+ Community Center is marking a milestone year in its new home with a vibrant birthday celebration, inviting the community, allies, and media to join the festivities on Saturday, April 25 at 1 p.m.

Since opening its doors in Shaw, The DC LGBTQ+ Community Center has become a hub of support, advocacy, and celebration for LGBTQ+ residents across the District.

The birthday bash promises a day of programming including Yoga (Center Wellness), Micro Bouquet Making (Center Social), Zine Making (Center Arts), and so much more. Guests can also enjoy tours of the Center’s expanded facilities, showcasing spaces for programs, services, and community events.

Since relocating, the Center has expanded its programs, providing critical services. The birthday bash underscores the DC LGBTQ+ Community Center’s commitment to creating an inclusive space where everyone regardless of identity, age, or background can find community and empowerment.

For more details, contact Paul Marengo at 202-705-2890.

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Calendar: April 24-30

LGBTQ events in the days to come

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Friday, April 24

Center Aging Monthly Luncheon With Yoga will be at 12 p.m. at the DC Center for the LGBT Community. Email Mac at [email protected] if you require ASL interpreter assistance, have any dietary restrictions, or questions about this event.

Lesbian Visibility Week will be at 7 p.m. at the DC Center for the LGBT Community. There will be a special screening of “Ahead of the Curve.” Enjoy an evening of film, conversation, and community, with cocktails and beverages available throughout the night For more details, visit the DC Center’s website

Trans Discussion Group will be at 7 p.m. on Zoom. This event is intended to provide an emotionally and physically safe space for trans people and those who may be questioning their gender identity/expression to join together in community and learn from one another. For more details, email [email protected].

Saturday, April 25

Go Gay DC will host “LGBTQ+ Community 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

Sunday, April 26

Nellie’s Sports Bar will host “Nellie’s DC Drag Brunch” at 12 p.m. Join Sapphire Blue, Deja Diamond and their team of drag performers for the most fun you’ll have all weekend. Tickets start at $58.51 and are available on Eventbrite

LGBTQ+ Community Coffee and Conversation will be at 12 p.m. at As You Are. This event is for people looking to make more friends and meaningful connections in the LGBTQ community. Attendance is free and more details are available on Eventbrite

Monday, April 27

“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]).

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

Tuesday, April 28

The DC Center for the LGBT Community will host “Candlelight Vigil” at 6:30 p.m. This is a vigil centered on reflection, support, and collective care. Attendees are encouraged to gather at 6:30 p.m., with the program beginning promptly at 7 p.m. and concluding by 8 p.m. The event will take place on the closed-off  Wiltberger Street, providing a dedicated and intimate space for remembrance. Electronic candle lights will be available to participants. For those seeking additional support or who have questions ahead of the event, please contact [email protected]

Wednesday, April 29

Job Club will be at 6 p.m. on Zoom upon request. 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.

The DC Center for the LGBT Community will host “Movement for Healing” at 3 p.m. This trauma- and yoga therapy–informed class is designed to help guests gently reconnect with their body and their breath. Through mindful movement, somatic awareness, and grounding practices, guests will explore how to release tension, increase mobility, and cultivate a deeper sense of safety and ease within. For more details, visit the DC Center’s website

Thursday, April 30

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 free weekly class is a combination of yoga, breathwork and meditation that allows LGBTQ+ community members to continue their healing journey with somatic and mindfulness practices. For more details, visit the DC Center’s website.  

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Memorial for groundbreaking bisexual activist set for May 2

Loraine Hutchins remembered as a ‘force of nature’

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Loraine Hutchins died last year. (File photo courtesy of Hutchins)

The Montgomery County Pride Center will host a celebration honoring the life and legacy of Loraine Hutchins, Ph.D., on May 2. People are invited to attend the onsite memorial or a livestream event. The on-site event will begin at 10 a.m. with a meet-and-greet mixer before moving into a memorial service around the theme “Loraine a Force of Nature!” at 11 a.m., a panel talk at 12 p.m., break out sessions for artists, academics, and activists to build on her legacy at 1 p.m. and a closing reception at 2 p.m. 

Attendees are encouraged to register for the on-site memorial gathering or the livestreamed memorial. The goal of this event is also to collect stories and memories of Loraine. Attendees and others can share their stories at padlet.com. 

An obituary for Hutchins was published in the Bladelast Nov. 24, where people can learn more about her activism in the bisexual community. A private service for friends and family was held in December but this memorial service is open to all. 

Alongside her groundbreaking work organizing for U.S. bisexual rights and liberation including co-editing “Bi Any Other Name: BIsexual People Speak Out” (1991), she also integrated faith into her sexual education and advocacy work. Her 2001 doctoral dissertation, “Erotic Rites: A Cultural Analysis of Contemporary U.S. Sacred Sexuality Traditions and Trends,” offered a pointed queer and feminist analysis to sex-neutral and sex-positive spiritual traditions in the United States. Her thesis was also groundbreaking in exploring the intersections between sex workers and those in caregiving professionals, including spiritual ones.

In an oral history interview conducted by Michelle Mueller back in August 2023, Hutchins described herself as a “priestess without a congregation.” While she has occasionally had a sense of community and feels part of a group of loving people, she admitted that “I don’t feel like we have the shape or the purpose that we need.”

“I’ve often experienced being the Cassandra in the room, the Cassandra in the community. Somebody who’s kind of way out there ahead, thinking through the strategic action points that my community hasn’t gotten to yet, and getting a lot of resistance and hostile responses from people who are frightened by dissent and conflict and not ready for the changes we have to make to survive,” she said.

“For somebody who’s bisexual in an out political way and who’s been a spokesperson for the polyamory movement in an out political way, it’s very exposing. And it’s very important to me to be able to try to explain and help other people understand the connection between spirituality and sexuality,” she explained citing how even as a graduate student she was “exploring how to feel erotic and spiritual, and not feel them in conflict with each other in my own spiritual contemplative life and my own sensual body awareness of being alive in the world.”

“Every religion has a sense of sacred sexuality. It’s just they put a lot of boundaries and regulations on it, and if we have a spiritual practice that is totally affirming of women’s priesthood and of gay people, queer people’s ability to minister to everyone and to be ministered to be everyone, what does that do to the gender of God, or our understanding of how we practice our spirituality and our sexuality in community and privately?”

“There’s no easy answer,” she concludes, and she continued to grapple with these questions throughout her life, co-editing another seminal text, “Sexuality, Religion and the Sacred: Bisexual, Pansexual, and Polysexual Perspectives,” published in 2012. Her work blending spiritual and queer liberation remains groundbreaking to this day. 

Rev. Eric Eldritch, a local community organizer and ordained Pagan minister with Circle Sanctuary who has worked for decades with the DC Center’s Center Faith to organize the Pride Interfaith Service, is eager to highlight this element of her legacy at the memorial service next month.  

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