| For Trial
Kevin Spacey Paid Dr Loftus Expert in
Ghislaine Maxwell Case But Doesn't Call
Her
By Matthew
Russell Lee, Patreon Stand-up
BBC
- Guardian
UK - Honduras
-
Video
SDNY COURTHOUSE,
Oct 18 – Anthony Rapp's
lawsuit against Kevin Spacey
was removed to Federal court
in November 2020, and an
anonymous co-plaintiff C.D.
was added.
Spacey wanted to
make C.D.'s name public, to
order to conduct discovery, he
says. C.D.'s lawyers
opposed it, letter on Patreon
here.
On May 26, 2022
U.S. District Court for the
Southern District of New York
Judge Lewis A. Kaplan held a
hearing, with Spacey
testifying, on Rapp's motion
to remand the case. Judge
Kaplan at the end said it is
his present intention to deny
the motion to remand, and that
the trial will start in
October. Inner City Press
attended then tweeted here.
[Then video
here]
On October
6, 2022, the
trail began. On the
way in video I,
II; afterward
Space
and Vlog.
Here's
the live tweeted thread
by Inner City
Press of the openings,
here
On
October 7, Day
2, with
a stated
victim of the
Public Theater
of Joe Papp, a
Rapp friend
who was told,
and the
beginning
(direct) of Rapp
himself. Thread here.
On
October 11,
Day 3, Rapp
was on the
stand all day,
first on
direct, then
under cross
examination,
thread here.
On
October 12,
Day 4, Rapp
was cross
examined to
the end - then
under Rule
412, a
courtroom
closure.
Thread here.
October
13 began
with the news
that Spacey's
lawyer
Jennifer
Keller tested
positive for
COVID. It
seemed the
trial would be
postponed -
but, with
instructions
for testing
Sunday and
Tuesday, it
proceeded,
with Rapp's
expert Roccio.
Thread here.
On October
17, Kevin
Spacey took
the witness
stand and said
his father
was a neo-Nazi
and white supremacist
- Inner City
Press was
there, thread
here.
In the
afternoon,
Spacey
explained (away?)
his apology, and
minimized
his link(s)
with Jeffrey Epstein,
thread here.
On October
18, after
cross of
Spacey, his
expert Dr.
Bardey -
instead of the
expert he
first paid,
Dr. Loftus
of Ghislaine
Maxwell trial
fame, who
apparently
didn't say
what Spacey wanted
and so wasn't
called as a witness.
Thread here:
OK - in Rapp v Kevin Spacey, cross
examination of Spacey.
Rapp's lawyer: You wrote, If he maintains
there was a bedroom, he'll have a problem,
right?
Spacey: Yes. Rapp's lawyer: You wrote, if it
was in my apartment downtown, he'd be 19, -
but this meant, it might have happened, right?
Spacey: Not sexually, sir.
Rapp's lawyer: Has it been an important part
of your life to combat bigotry? Spacey: Yes.
Rapp's lawyer: Do you have WhatsApp? Spacey:
Yes. Rapp's lawyer: You used WhatsApp to
text Mr. Lowenstein, right? Spacey: I might
have.
Rapp's lawyer: You wrote, maybe just
maybe Anthony Rapp is down on his luck--
Spacey's lawyer: Objection. Not in evidence.
Judge: Sustained. Rapp's lawyer: I offer it in
evidence. Spacey's lawyer: Objection, 403.
Judge: Sustained. Rapp's lawyer: Nothing
further
Spacey's lawyer: Next witness is Dr. Alexander
Bardey. You are a forensic psychiatrist?
Bardey: Yes. I went to SUNY Stony Brook School
of Medicine then NYU, on staff at
Bellevue. I head forensic psychiatry for
Nassau County. I deal with malingering a
lot
Spacey's lawyer: Mr. Rapp's expert Dr. Rocchio
diagnosed Mr. Rapp with PTSD. Do you agree?
Dr. Bardey: I do not. I met with him for about
two & a half hour. Spacey's lawyer: Why
only 2 & 1/2? Dr. Bardey: I had his
deposition. So I interviewed his husband &
others
Dr. Bardey: My take-away from Rocchio's
testing was that it was inconsistent.
Rapp's lawyer: Objection. This is not in the
report.
Judge (after a time) This is 49 single spaced
pages. Let's give the jury a break as I read
it. Break taken - thread will continue We're
back. Spacey's lawyer: Any more sexually
traumatic incidents for Mr. Rapp? Bardey: He
was seduced by a 40 year old actress when he
was 16 or 17.
Spacey's lawyer: That could be traumatic?
Rapp's lawyer: Objection. Judge: Sustained.
Spacey's lawyer: Are you aware that Mr. Rapp
engaged in sex with boys while 11 and 12? Dr
Bardey: Yes. So I found no change in behavior
after the alleged incident in 1986.
Dr. Bardey: I found he has aspects of
narcissistic personality disorder. Spacey's
lawyer: Would a person like that, if they lost
a beauty contest or an election, claim they
hadn't lost? [There is laugher, and an
objection by Rapp's lawyer. Sustained.]
Judge says, Let's have a sidebar. Jurors, take
a break. Spacey's lawyer: I'm staying on the
right side of wrong. I'm not asking if he
thinks Mr. Rapp is lying. Rapp's lawyer: They
are trying to back into it. Judge: We
have a contemporaneous objection rule.
Spacey's lawyer: Judge, if could just -- Judge
Kaplan: My late great senior partner, who sat
on this court, had a saying, When the judge is
ruling in your favor, get out of the courtroom
well... before he changes his mind. Jury is
called back in.
But not for long - after an objection about a
question to Dr Bardey on cross, Judge Kaplan
says he'd like to review something, so sends
jurors home. Now with jurors out of the
courtroom, a last burst of argument about Dr.
Loftus (also in Maxwell trial)
Spacey put Dr Loftus on his witness list
- but now, he's not calling her. Can jury to
be told that? That is, is Rapp entitled to a
missing witness charge? Judge: Where does she
reside?
A: California.
Judge: I'll think about it overnight.
Video
outside of
court here
(Oct 18, Loftus Q)
and
here
(Oct 17,
Epstein plane
Q).
Watch
this site.
Back on
September 17,
Spacey through
counsel filed
a letter
seeking to limit
the
anticipated
testimony of
Dr. Lisa M. Roccio - who
also testified for
the
prosecution in
US v. Ghislaine
Maxwell:
"Defendant
Kevin Spacey
Fowler (“Mr.
Fowler”) will
and hereby
does move this
Court, before
the United
States
District Judge
Lewis A.
Kaplan, in the
United States
District Court
for the
Southern
District of
New York,
located in the
Federal
Courthouse,
500 Pearl
Street, New
York, NY
10007, on
October 6,
2022, or a
date to be set
by the Court,
for an order
in limine to
preclude
plaintiff
Anthony Rapp
from offering
expert
testimony on
credibility
issues and
other improper
opinions of
his expert
witness, Lisa
Rocchio, Ph.D.
Under Federal
Rule of
Evidence
401-403,
701-702, and
other
applicable
law, Mr.
Fowler brings
this motion to
preclude Dr.
Rocchio from
testifying at
trial about
opinions or
information
that would
invade the
province of
the jury and
are otherwise
inappropriate
for expert
opinion. Dr.
Rocchio’s
report
includes
opinions and
conclusions
that purport
to opine on
the
credibility of
Plaintiff and
his
allegations,
as well as the
purported
corroboration
of other
evidence. This
is plainly
improper. Dr.
Rocchio also
provides
impermissible
expert
opinions
constituting
legal
conclusions
and a
narrative
description of
hearsay
statements of
which she has
no personal
knowledge.
Relatedly,
Plaintiff’s
counsel should
be precluded
from asking
questions of
Mr. Fowler’s
rebuttal
witness,
Alexander
Bardey, M.D.,
about
credibility
issues,
including
without
limitation
allegations of
unrelated
alleged
misconduct of
Mr. Fowler.
Dr. Bardey was
not designated
to opine about
credibility
issues or
anything to do
with a
psychological
evaluation of
Mr. Fowler.
Nor was Dr.
Rocchio. And
other
allegations of
sexual
misconduct are
entirely
irrelevant to
either
expert’s
opinion.
Finally, Mr.
Fowler seeks
an order
precluding Dr.
Rocchio from
testifying at
trial about
any opinions
not stated by
her in her
report or at
her
deposition."
Full letter
on Patreon here.
On
September 9,
in the run up
to the October
6 trial,
Spacey through
counsel
indicated he
wants to make
public Rapp's sexual
history. From
his filing:
"I write
to inform Your
Honor that Mr.
Fowler will be
filing a
motion in
limine that
bears on the
Court’s
consideration
of Plaintiff’s
objections to
transcript
designations
submitted on
September 8,
2022." Complete
filing on
Patreon here.
Back
on June 6, Judge Kaplan issued
two orders: one dismissing
Rapp's first cause of action
but not the rest of the
complaint, the second denying
his motion for remand (argued
below). The first order
recounts Rapp's allegation
that when he was 14, Spacey
put him back down on a bed,
"grazing" his buttocks. Order
on Patreon here.
On August 25,
this: "TRIAL ORDER: The Clerks
Office is scheduled to provide
the Court a jury panel for
this case on Thursday. October
6, 2022. On that day, the
parties must be present in
Courtroom 21B by 9:30 AM ready
to begin jury selection and
proceed immediately to trial.
You are instructed to take the
following steps in connection
with the trial as further set
forth in this Order.
( Jury Selection set for
10/6/2022 at 09:30 AM in
Courtroom 21B, 500 Pearl
Street, New York, NY 10007
before Judge Lewis A. Kaplan.)
(Signed by Judge Lewis A.
Kaplan on 8/25/22)."
As to jury
selection, Judge Kaplan on
September 7 ordered, "ORDER.
Consistent with the Rule, the
Court will examine prospective
jurors, as it does in all
cases, and will take the
parties' helpful joint
questionnaire into
consideration in formulating
its own examination. Upon
conclusion of the Court's
examination, it will afford
counsel adequate opportunity
to suggest additional
questions and ask any that the
Court considers proper. The
request to have prospective
jurors complete a written
questionnaire in writing is
denied. Among other reasons,
it agrees that "jurors tend[]
to understand written
questions differently from
those who draft[] the
questions, leading to
substantial difficulty in
parsing their responses."
United States v. Treacy, 639
F.3d 32, 47 (2d Cir. 2011). SO
ORDERED. (Signed by Judge
Lewis A. Kaplan on 9/7/22)."
Back on August 9,
Judge Kaplan ruled: "Fowler's
motion to compel is GRANTED to
the extent that it seeks (a)
production of Vary's pre-2017
communications with Rapp, 2021
communications with Darlow
Smithson Productions, and
documents regarding any
interactions between Vary and
Fowler and (b) a supplemental
deposition. Vary shall sit for
a supplemental deposition not
to exceed four hours and
answer, to the extent
consistent with this
Memorandum Opinion, all
questions he refused to answer
at his initial deposition and
all reasonable follow up
questions and questions about
or relating to the newly
produced documents and matters
disclosed therein. The
documents shall be produced no
later than August 15, 2022.
The supplemental deposition
shall take place on a date
mutually acceptable to Vary
and the parties, which shall
be on or before September 9,
2022."
Back on September
9, 2021, Judge Kaplan held a
proceeding about 60 new names,
and sealed affidavits. Inner
City Press live tweeted it here
and below.
On
October 4 Spacey asked to seal the UK High
Court's Order which, he says, orders him to
destroy material by October 7. Full letter on
Patreon here.
On
December 9 at 4:30 pm, six hours after the US v.
Ghislaine Maxwell trial was paused at
least for one day due to an ill prosecutor,
Judge Kaplan held another proceeding
in Rapp v. Spacey (or Fowler)
and Inner City Press
live tweeted it here,
podcast (including on
Maxwell and UN) here.
On December
10, Rapp's
lawyer
wrote to Judge
Kaplan and asked
that his forthcoming
protective order
including an order
prohibiting
disclosure of names
of those alleging
abuse by Spacey -
full letter on
Patreon here.
On
March 10, 2022 a
trial date was
set: "ORDER,
This case is set
for trial on
October 4, 2022
at 9:30 a.m.
subject to any
changes
warranted by
pandemic
circumstances."
On March
14, digging in
Miscellaneous
cases, Inner
City Press
came upon satellite
litigation
between Spacey
and Adam Vary,
who citing
the First Amendment
and shield
laws declined
to answer
questions at a
deposition.
Judge
Kaplan ordered
Vary to answer
the subpoena by
May 31. On May 23,
Vary's counsel
asked for
reconsideration
or a two week
stay in order
to appeal.
On May 27
Vary's counsel
filed another
letter,
including
"nearly all of
the materials
contain
unpublished
newsgathering
information
that we
maintain is
privileged and
shielded from
production,
but we
acknowledge
was not
provided
or
obtained
subject to
promises of
confidentiality.
However, there
are a handful
of source
names
and
information
that was
provided
pursuant to
promises of
confidentiality.
Our
understanding
is that the
confidential
sources
corroborate
Mr. Rapp’s
account, but
do not want to
have
their
information
exposed.
Although we
maintain that
both
non-confidential
and
confidential
unpublished
newsgathering
materials are
privileged and
shielded from
disclosure,
there
are
special
protections
and
considerations
for
confidential
source
materials."
Full letter
on Patreon here.
On June 7,
Judge Kaplan
offered this secord
clarification:
"ORDER denying
[23 in
22-mc-0063]
Letter Motion
for Discovery;
denying [24 in
22-mc-0063]
Letter Motion
for Discovery.
On May 19,
2022, this
Court ordered
that Mr. Vary
submit, under
seal, for in
camera review
various
materials that
he may be
withholding
from
production in
order to
inform its
analysis of
whether he has
satisfied his
burden of
showing that
the materials,
if indeed
there are any,
should be
produced to
the defendant.
On June I,
2022 it
granted in
part Mr.
Vary's request
for additional
time within
which to
comply. (The
May 19 and
June I orders
are referred
to
collectively
as the
"Orders.") Mr.
Vary now seeks
a stay of the
Orders insofar
as they (I)
require the
submission for
in camera
review of any
withheld
materials that
contain what
he calls
"confidential
source
information"
and (2)
supposedly
require such
submission of
"post-subpoena
attorney-client
communications."
Dkt. 23. The
proposed stay,
if granted,
would remain
in effect for
"14 days after
the later of
the following
events: (a)
the Court's
ruling on Mr.
Fowler's
motion for
summary
judgment; and
(b) the
Court's ruling
on Mr. Rapp's
renewed motion
to remand. Dkt
159, 172,
20-cv-09586."
Id. The
ostensible
justification
for this
relief is to
afford Mr.
Vary's counsel
additional
time to
"consider and
possibly seek
appellate
review of
those portions
of the Court's
Orders, and
then, if Mr.
Vary does seek
appellate
review, stay
[the Orders]
until the
outcome of
such review."
That
case is Fowler
v. Vary,
22-mc-63
(Kaplan)
Inner
City Press
will continue
to follow these
cases.
From back on Dec 9: now in
Rapp v. Kevin Spacey (for
rape of 14 year-old), a
proceeding in SDNY by
phone, in a case which
Inner City Press has been
reporting on and will, in
haitus from #MaxwellTrial
which has no call-in line,
live tweet:
Spacey, defending himself
from claim he raped Rapp,
wanted get discovery into
all of his past
relationships.
Spacey's lawyer: He's only
alleging that Mr Fowler
[that is, Kevin Spacey]
picked him up and dropped
him. It's essentially
child abuse, not sexual
assault.
On January
10, 2021 Spacey's lawyer wrote
to Judge Kaplan to preclude
Rapp from calling
Justin Dawes as a
witness,
including
portions
of his
December 28, 2021 deposition.
They argue
that Dawes
withheld
information, the name of
an "unnamed
friend."
On January 12,
Rapp's lawyers
filed a 5 page
letter
including that
"Mr. Dawes, he
agreed to
voluntarily,
without a
subpoena,
testify about
how Spacey
made an
inappropriate
sexual advance
on him when he
was a minor...
" at one point
his hand was
on my leg. You
know, I
thought it was
mildly
uncomfortable.
I did not, you
know, feel
threatened,
but I thought
it was a kind
of, you know,
probing of a
sexual nature
to see how
comfortable I
was with
that.'" Full
letter on
Patreon here.
Watch this
site. Inner
City Press will stay on it
- podcast
Watch this site.
From February 23:
Lawyers for Kevin Spacey are
arguing to strike testimony of
Doctor Seymour H. Block.
Spacey is being sued civilly
for sex abuse.
Judge
Kaplan: You are asking me to
make an important decision, in
a country that values public
trials as much as we do, in
the unique circumstance of a
person who sued and also went
to the press with it. In
advance.
Plaintiffs
lawyer: When my client gave
the interview before this
case. So there was no attempt
to influence the jury. In
fact, when my client spoke to
the press this case would have
been barred by the statute of
limitations.
Judge
Kaplan: But if disclosure
would harm him, why did he go
to the press? Plaintiff's
lawyer: They did not reveal
his name. Judge Kaplan: But he
couldn't know it would work.
The publication checked his
account with others. There was
a chance he would be ID-ed
Judge Kaplan:
What's that case you're
citing? Defense: Doe, 241 FRD
154, 159 (SDNY, 2006). And
another one by Justice
Brennan, about how public
trials bring in more
witnesses. CD made his
decision. We have our due
process rights. [He calls
Spacey "Mr. Fowler"]
Judge Kaplan: On
a proper showing, the
pleadings need not contain the
name of a party, no? Defense:
They have to meet the Doe
factors. And CD has not met
his burden. Plaintiff: Doe v.
Colgate, the plaintiff went to
the press and was still
anonymous.
Judge
Kaplan: I'm going to wait
until you make your expert
disclosure. Plaintiff's
lawyer: There is a person
beyond Mr Rapp who is aware of
this. And Mr Rapp is not
seeking to withhold his name.
Judge Kaplan: You
need to file the relevant
piece of the deposition.
The proceeding ends, just like
that.
From February 2:
Spacey's lawyer says it is
unfair for C.D. to proceeding
anonymously. "While it is true
we have C.D.'s name, only if
we make it public can others
come forward with evidence
about him... this is the right
to due process."
C.D.'s lawyer:
The sealed plaintiff versus
sealed defendant factors weigh
in our favor. We are talking
about the rape of a minor. The
declaration by his therapist
shows he would suffer harm if
his name is made public.
Judge: If
it happened it's abhorrent.
But I don't have to be
reminded of what Mr Spacey is
accused of in every sentence.
CD's lawyer: Spacey said, as
to Rapp, that if it happened
he was sorry. But here he is
denying it entirely.
Judge: You're not
getting anywhere.
Judge Kaplan: Get
me your papers, and you'll get
a decision promptly. Until
then, don't disclose the name
to third parties - except to
Mr. Rapp, subject to sealing.
Spacey's lawyer:
Every day is lost time.
So Rapp's
deposition will go forward,
with C.D.'s real name said at
it but reported in the
transcript as C.D..
Inner City Press will continue
to report on this case. More
on Patreon here.
The case is
Rapp et al v. Fowler,
20-cv-9586 (Kaplan)
***
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