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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

PHOTOS: ‘ICE Out For Good’

Demonstrators protest ICE across country following shooting

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D.C. shadow representative Oye Owolewa speaks at a rally outside of the White House on Saturday, Jan. 10. (Washington Blade photo by Michael Key)

A protest was held outside of the White House on Saturday following the killing of Renee Nicole Good by a U.S. Immigration and Customs Enforcement agent in Minneapolis. Across the Potomac, picketers held signs calling for “Justice for Renee” in Tysons, Va.

“ICE Out For Good” demonstrations were held in cities and towns across the country, according to multiple reports. A march was held yesterday in Washington, D.C., as the Blade reported. Further demonstrations are planned for tomorrow.

(Washington Blade photos by Michael Key)

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Books

Feminist fiction fans will love ‘Bog Queen’

A wonderful tale of druids, warriors, scheming kings, and a scientist

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(Book cover image courtesy of Bloomsbury)

‘Bog Queen’
By Anna North
c.2025, Bloomsbury
$28.99/288 pages

Consider: lost and found.

The first one is miserable – whatever you need or want is gone, maybe for good. The second one can be joyful, a celebration of great relief and a reminder to look in the same spot next time you need that which you first lost. Loss hurts. But as in the new novel, “Bog Queen” by Anna North, discovery isn’t always without pain.

He’d always stuck to the story.

In 1961, or so he claimed, Isabel Navarro argued with her husband, as they had many times. At one point, she stalked out. Done. Gone, but there was always doubt – and now it seemed he’d been lying for decades: when peat cutters discovered the body of a young woman near his home in northwest England, Navarro finally admitted that he’d killed Isabel and dumped her corpse into a bog.

Officials prepared to charge him.

But again, that doubt. The body, as forensic anthropologist Agnes Lundstrom discovered rather quickly, was not that of Isabel. This bog woman had nearly healed wounds and her head showed old skull fractures. Her skin glowed yellow from decaying moss that her body had steeped in. No, the corpse in the bog was not from a half-century ago.

She was roughly 2,000 years old.

But who was the woman from the bog? Knowing more about her would’ve been a nice distraction for Agnes; she’d left America to move to England, left her father and a man she might have loved once, with the hope that her life could be different. She disliked solitude but she felt awkward around people, including the environmental activists, politicians, and others surrounding the discovery of the Iron Age corpse.

Was the woman beloved? Agnes could tell that she’d obviously been well cared-for, and relatively healthy despite the injuries she’d sustained. If there were any artifacts left in the bog, Agnes would have the answers she wanted. If only Isabel’s family, the activists, and authorities could come together and grant her more time.

Fortunately, that’s what you get inside “Bog Queen”: time, spanning from the Iron Age and the story of a young, inexperienced druid who’s hoping to forge ties with a southern kingdom; to 2018, the year in which the modern portion of this book is set.

Yes, you get both.

Yes, you’ll devour them.

Taking parts of a true story, author Anna North spins a wonderful tale of druids, vengeful warriors, scheming kings, and a scientist who’s as much of a genius as she is a nerd. The tale of the two women swings back and forth between chapters and eras, mixed with female strength and twenty-first century concerns. Even better, these perfectly mixed parts are occasionally joined by a third entity that adds a delicious note of darkness, as if whatever happens can be erased in a moment.

Nah, don’t even think about resisting.

If you’re a fan of feminist fiction, science, or novels featuring kings, druids, and Celtic history, don’t wait. “Bog Queen” is your book. Look. You’ll be glad you found it.

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Movies

A Shakespearean tragedy comes to life in exquisite ‘Hamnet’

Chloe Zhao’s devastating movie a touchstone for the ages

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Jessie Buckley and Paul Mescal in ‘Hamnet.’ (Image courtesy of Focus Features)

For every person who adores Shakespeare, there are probably a dozen more who wonder why.

We get it; his plays and poems, composed in a past when the predominant worldview was built around beliefs and ideologies that now feel as antiquated as the blend of poetry and prose in which he wrote them, can easily feel tied to social mores that are in direct opposition to our own, often reflecting the classist, sexist, and racist patriarchal dogma that continues to plague our world today. Why, then, should we still be so enthralled with him?

The answer to that question might be more eloquently expressed by Chloe Zhao’s “Hamnet” – now in wide release and already a winner in this year’s barely begun awards season – than through any explanation we could offer.

Adapted from the novel by Maggie O’Farrell (who co-wrote the screenplay with Zhao), it focuses its narrative on the relationship between Will Shakespeare (Paul Mescal) and his wife Agnes Hathaway (Jessie Buckley), who meet when the future playwright – working to pay off a debt for his abusive father – is still just a tutor helping the children of well-to-do families learn Latin. Enamored from afar at first sight, he woos his way into her life, and, convincing both of their families to approve the match (after she becomes pregnant with their first child), becomes her husband. More children follow – including Hamnet (Jacobi Jupe), a “surprise” twin boy to their second daughter – but, recognizing Will’s passion for writing and his frustration at being unable to follow it, Agnes encourages him to travel to London in order to immerse himself in his ambitions.

As the years go by, Agnes – aided by her mother-in-law (Emily Watson) and guided by the nature-centric pagan wisdom of her own deceased mother – raises the children while her husband, miles away, builds a successful career as the city’s most popular playwright. But when an outbreak of bubonic plague results in the death of 11-year-old Hamnet in Will’s absence, an emotional wedge is driven between them – especially when Agnes receives word that her husband’s latest play, titled “Hamlet,” an interchangeable equivalent to the name of their dead son, is about to debut on the London stage.

There is nothing, save the bare details of circumstance around the Shakespeare family, that can be called factual about the narrative told in “Hamnet.” Records of Shakespeare’s private life are sparse and short on context, largely limited to civic notations of fact – birth, marriage, and death announcements, legal documents, and other general records – that leave plenty of space in which to speculate about the personal nuance such mundane details might imply. What is known is that the Shakespeares lost their son, probably to plague, and that “Hamlet” – a play dominated by expressions of grief and existential musings about life and death – was written over the course of the next five years. Shakespearean scholars have filled in the blanks, and it’s hard to argue with their assumptions about the influence young Hamnet’s tragic death likely had over the creation of his father’s masterwork. What human being would not be haunted by such an event, and how could any artist could avoid channeling its impact into their work, not just for a time but for forever after?

In their screenplay, O’Farrell and Zhao imagine an Agnes Shakespeare (most records refer to her as “Anne” but her father’s will uses the name “Agnes”) who stands apart from the conventions of her town, born of a “wild woman” in the woods and raised in ancient traditions of mysticism and nature magic before being adopted into her well-off family, who presents a worthy match and an intellectual equal for the brilliantly passionate creator responsible for some of Western Civilization’s most enduring tales. They imagine a courtship that would have defied the customs of the time and a relationship that feels almost modern, grounded in a love and mutual respect that’s a far cry from most popular notions of what a 16th-century marriage might look like. More than that, they imagine that the devastating loss of a child – even in a time when the mortality rate for children was high – might create a rift between two parents who can only process their grief alone. And despite the fact that almost none of what O’Farrell and Zhao present to us can be seen, at best, as anything other than informed speculation, it all feels devastatingly true.

That’s the quality that “Hamnet” shares with the ever-popular Will Shakespeare; though it takes us into a past that feels as alien to us as if it took place upon a different planet, it evokes a connection to the simple experience of being human, which cuts through the differences in context. Just as the kings, heroes, and fools of Shakespeare’s plays express and embody the same emotional experiences that shape our own mundane modern lives, the film’s portrayal of these two real-life people torn apart by personal tragedy speaks directly to our own shared sense of loss – and it does so with an eloquence that, like Shakespeare’s, emerges from the story to make it feel as palpable as if their grief was our own.

Yes, the writing and direction – each bringing a powerfully feminine “voice” to the story – are key to the emotional impact of “Hamnet,” but it’s the performances of its stars that carry it to us. Mescal, once more proving himself a master at embodying the kind of vulnerable masculine tenderness that’s capable of melting our hearts, gives us an accessible Shakespeare, driven perhaps by a spark of genius yet deeply grounded in the tangible humanity that underscores the “everyman” sensibility that informs the man’s plays. But it’s Buckley’s movie, by a wide margin, and her bold, fierce, and deeply affecting performance gives voice to a powerful grief, a cry against the injustice and cruelty of what we fumblingly call “fate” that resonates deep within us and carries our own grief, over losses we’ve had and losses we know are yet to come, along with her on the journey to catharsis.

That’s the word – “catharsis” – that defines why Shakespeare (and by extension, “Hamnet”) still holds such power over the imagination of our human race all these centuries later. The circumstantial details of his stories, wrapped up in ancient ideologies that still haunt our cultural imagination, fall away in the face of the raw expression of humanity to which his characters give voice. When Hamlet asks “to be or not to be?,” he is not an old-world Danish Prince contemplating revenge against a traitor who murdered his father; he is Shakespeare himself, pondering the essential mystery of life and death, and he is us, too.

Likewise, the Agnes Shakespeare of “Hamnet” (masterfully enacted by Buckley) embodies all our own sorrows – past and future, real and imagined – and connects them to the well of human emotion from which we all must drink; it’s more powerful than we expect, and more cleansing than we imagine, and it makes Zhao’s exquisitely devastating movie into a touchstone for the ages.

We can’t presume to speak for Shakespeare, but we are pretty sure he would be pleased.

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