| Kevin Spacey
Charged With Raping Rapp Says It Was Only
Child Abuse As Maxwell Trial Cited
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Dec 9 – 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 February 2
U.S. District Court for the
Southern District of New York
Judge Lewis A. Kaplan held a
proceeding. Inner City Press
live tweeted it, here
and below.
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:
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.
Rapp's lawyer: From coast
to coast, from country to
country, Kevin Spacey
leaves a trail of young
boys and men who say he
touched them without their
consent. He just lost an
arbitration to Netflix
about House of Cards.
Rapp's lawyer: I am
haunted at not convincing
the court to allow C.D. to
go anonymous, as is being
allowed in a major
criminal case now in our
court, of Ghislaine
Maxwell. But here, C.D.
dropped out.
Rapp's lawyer: Here,
Spacey's lawyer is arguing
that throwing a 14
year-old boy on the bed
and getting on top of him
is not sexual, it's just
child abuse. It's absurd.
We want to depose Evan
Lowenstein. He became Mr.
Spacey's traveling
companion.
Rapp's lawyer: Evan
Lowenstein's wife has
gotten an order of
protection against Mr
Spacey being with her
children, as I understand
it. Judge: And this
summation is relevant how?
Judge: What if we
limit you to examining
incidents where the
identity of the other
person has become public
and the person was under
18?
Rapp's lawyer: Even if a
person was over 18,
throwing them on the bed
and jumping on top of them
is relevant
Rapp's lawyer: I don't
intend to ask Mr. Spacey,
at deposition, Tell me
every person you've had
sex with.
Judge Kaplan: You've
called my approach
perverse. Frankly, it's
not welcome.
Rapp's lawyer: I was not
calling you perverse.
Judge: I'm going to
reserve but you will have
something very quickly.
Lawyer: We have
Lowenstein's depo on
Tuesday.
Judge: You'll have
something from me by then.
Inner City Press will stay
on it - now 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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