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.
Sir Ian McKellen may now be known as much for being a champion of the international LGBTQ equality movement as he is for being a thespian. Out and proud since 1988 and encouraging others in the public eye to follow his lead, he’s a living example of the fact that it’s not only possible for an out gay man to be successful as an actor, but to rise to the top of his profession while unapologetically bringing his own queerness into the spotlight with him all the way there. For that example alone, he would deserve his status as a hero of our community; his tireless advocacy – which he continues even today, at 86 – elevates him to the level of icon.
Those who know him mostly for that, however, may not have a full appreciation for his skills as an actor; it’s true that his performances in the “Lord of the Rings” and “X-Men” movies are familiar, however, this is a man who has spent more than six decades performing in everything from “Hamlet” to “Waiting for Godot” to “Cats,” and while his franchise-elevating talents certainly shine through in his blockbuster roles, the range and nuance he’s acquired through all that accumulated experience might be better showcased in some of the smaller, less bombastic films in which he has appeared – and the latest effort from prolific director Steven Soderbergh, a darkly comedic crime caper set in the dusty margins of the art world, is just the kind of film we mean.
Now in theaters for a limited release, “The Christophers” casts McKellen opposite Michaela Coel (“Chewing Gum,” “I May Destroy You”) for what is essentially a London-set two-character game of intellectual cat-and-mouse. He’s Julian Sklar, an elderly painter who was once an art-world superstar but hasn’t produced a new work in decades; she’s Lori Butler, an art critic and restoration expert who is working in a food truck by the Thames to make ends meet when she is approached by Sklar’s children (James Corden, Jessica Gunning) with a proposition. Hoping to cash in on their father’s fame, they want to set her up as his new assistant, allowing her access to an attic containing unfinished canvases he abandoned decades ago – so that she can use her skills to finish them herself, creating a forged series of completed paintings that can be “posthumously discovered” after his death and sold for a fortune.
She takes the job, unable to resist an opportunity to get close to Sklar – who, despite his renown, now lives as a bitter and unkempt recluse – for reasons of her own. Though his health is fading, his personality is as full-blown as ever; he’s also still sharp, wily, and experienced enough with his avaricious children to be suspicious of their motives for hiring her. Even so, she wins his trust (or something like it) and piques his interest, setting the stage for a relationship that’s part professional protocol, part confessional candor, and part battle-of-wits – and in which the “scamming” appears to be going in both directions.
That’s it, in a nutshell. A short synopsis really does describe the entire plot, save for the ending which, of course, we would never spoil. Even if it’s technically a “crime caper,” the most action it provides is of the psychological variety: there are no guns, no gangsters, no suspicious lawmen hovering around the edges; it’s just two minds, sparring against each other – and themselves – about things that have nothing to do with the perpetration of artistic forgery and fraud, but perhaps everything to do with their own relationships with art, fame, hope, disillusionment, and broken dreams. Yet it grips our attention from start to finish, thanks to Soderbergh’s taut directorial focus, Ed Solomon’s tersely efficient screenplay, and – most of all – the star duo of McKellen and Cole, who deliver a master class in duo acting that serves not just as the movie’s centerpiece but also its main attraction.
The former, cast in a larger-than-life role that lends itself perfectly to his own larger-than-life personality, embodies Sklar as the quintessential misanthropic artist, aged beyond “bad boy” notoriety but still a fierce iconoclast – so much so that even his own image is fair game for being deconstructed, something to be shredded and tossed into fire along with all those unfinished paintings in his attack; he’s a tempestuous, ferociously intelligent titan, diminished by time and circumstance but still retaining the intimidating power of his adversarial ego, and asserting it through every avenue that remains open to him. It’s the kind of film character that feels tailor-made for a stage performer of McKellen’s stature, allowing him to bring all the elements of his lifelong craft in front of the camera and deliver the complexity, subtlety, and perfectly-tuned emotional control necessary to transcend the cliché of the eccentric artist. His Sklar is comedically crotchety without being doddering or foolish, performatively flamboyant without seeming phony, and authentic enough in his breakthrough moments of vulnerability to avoid coming off as over-sentimental. Perhaps most important of all, he is utterly believable as a formidable and imperious figure, still capable of commanding respect and more than a match for anyone who dares to challenge him.
As for Coel’s Lori, it’s the daring that’s the key to her performance. Every bit Sklar’s equal in terms of wile, she also has power, and yes, ego too; we see it plainly when she is deploys it with tactical precision against his buffoonish offspring, but she holds it close to the chest in her dealings with him, like a secret weapon she wants to keep in reserve. When he inevitably sees through her ploy, she has the intelligence to change the game – her real motivation has little to do with the forgery plan, anyway – and get personal. Coel (herself a rising icon from a new generation of UK performers) plays it all with supreme confidence, yet somehow lets us see that she’s as wary of him as if she were facing a hungry tiger in its own cage.
It’s after the “masks” come off that things get really interesting, allowing these two characters become something like “shadow teachers” for each other, forming a shaky alliance to turn the forgery scheme to their own advantage while confronting their own lingering emotional wounds in the process; that’s when their battle of wits transforms into something closer to a “pas de deux” between two consummate artists, both equally able to find the human substance of Soderbergh’s deceptively cagey movie and mine it, as a perfectly-aligned team, from under the pretext of the trope-ish “art swindle” plot – and it’s glorious to watch.
That said, the art swindle is entertaining, too – which is another reason why “The Christophers” feels like a nearly perfect movie. Smart and substantial enough to be satisfying on multiple levels, it’s also audacious enough in its murky morality to carry a feeling of countercultural rebellion into the mix; and that, in our estimation, is always a plus.
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.
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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