SDNY COURTHOUSE,
Oct 20 – Anthony Rapp's
lawsuit against Kevin Spacey
was removed to Federal court
in November 2020, and an
anonymous co-plaintiff C.D.
was added. Then C.D. was
removed and, on October 20,
the jury ruled against Rapp,
thread here.
Booklet (AMERICAN
UGLY: Kevin Spacey Beats the
Rapp
But Dark Secrets Made Public
in SDNY LIVE)
coming soon here.
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
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.
On October
19, evidence
in the case ended
with re-re-direct
and -cross of
Spacey's
expert Dr.
Bardey. Thread
here.
On October 20, the closing
arguments,
Inner City Press live tweeted them,
thread here:
OK
- now Rapp v. Kevin Spacey closings
arguments, with Rapp's lawyer going
first.
Rapp's lawyer: We heard of [Spacey's
lawyer] Ms. Keller that facts are
stubborn things. And they are. So
let's consider them. There is no
evidence that Anthony was envious of
John Barrowman, and Mr. Spacey's
sexual interest in him.
Rapp's lawyer: Nothing in this
record shows that Mr. Rapp at 14 had
sexual feelings for Mr. Barrowman.
They used this in their opening
because they needed to prove it to
win. And they didn't prove it. We'll
talk about that night. But Ms.
Keller overstated
Rapp's lawyer: We heard from
Andrew Holtzman, that Spacey came
into his office with a noticeable
erection and attacked me. That's
what happened that day. Do you think
if there was dirt on Holtzman they
wouldn't have brought it out?
Rapp's lawyer: Let's talk about 1986
and the night that brings us
here. Kevin Spacey laughed and
cried and did a Jack Lemmon
interpretation. But there's an awful
lot of things that Kevin Spacey does
not remember. What did he say after
Anthony Rapp came forward?
Rapp's lawyer: Mr. Spacey in his own
email said he was heavily involved
in drugs and alcohol. He said, I was
drinking heavily and doing drugs.
But now he says, the play was so
demanding he didn't do either.
Rapp's lawyer: Outside the presence
of this lawsuit, he admits to drugs
and alcohol. Now he sees it doesn't
look good and changes it. It lack
credibility. It's no honest. It
taints everything.
Rapp's lawyer: Even months after Mr.
Rapp came forward, Mr. Spacey is
writing to his buddy that he doesn't
remember. Either he's lying to his
friend, or he truly has no memory.
But they he claims it all came back
to him when he saw the article. It's
not honest.
Rapp's lawyer: They go and depose
John Barrowman. He too says Spacey
took them out to dinner then to the
Limelight. It was a forerunner to
Studio 54, a disco in a church with
lights and music and Page Six.
He takes a 14 year old to a hot
club.
Rapp's lawyer: How is it appropriate
to make a pass at a 19 year old when
a 14 year old is in the bathroom?
That's their defense. And why can
Anthony sketch the apartment so
well? Even if there's no door, does
it mean he is lying? Is that what
comes up for you?
Rapp's lawyer: And after
Spacey picks him up like a groom
does and bride and Anthony escapes
to the bathroom, when he comes out
Spacey doesn't say he's joking, he
asks, Don't you want to stay? This
was trauma. But they say he just
wants to bring Spacey down.
Rapp's lawyer: If this were only
about bringing Mr. Spacey down,
couldn't he have come up with a
better story? More with the hands?
They said Dr Rocchio is a paid
expert. She testified two days
without notes. Dr Bardey charges
more, $500 an hour versus $450
Rapp's lawyer: If you call a
man a liar, you've got to give him a
motive. Professional jealousy, at a
time that Anthony is at the height
of his career. Now it's homosexual
rage. But Anthony said coming out
was everyone's decision.
Rapp's lawyer: It doesn't matter
where the story was published.
Anthony came forward out of guilt,
frankly, that he hadn't come forward
before. He didn't tell his mother
until the day she died.
Rapp's lawyer: Anthony has done this
to hold Kevin Spacey accountable.
Now they're saying that a person who
was abuse has to avoid seeing the
abuser, even on TV, or they're
negligent.
Spacey's lawyer Jennifer Keller:
Objection! We never argued that.
Rapp's lawyer: I'll have a chance to
speak to you again, after Ms. Keller
and her excellent oratory skills.
This happened. He has shared it with
you. Thank you. Judge Kaplan: We'll
take a break. You will be given
menus.
Now before she starts her
closing argument, Jennifer Keller is
hunched over with Spacey, planning
what to say, how to respond to
Rapp's closing? Drum roll.
Not hot mic moment for savvy Spacey:
he pushes the defense table
microphone to the side, and whispers
in Keller's ear, like a baseball
manager to a pitcher.
Jury entering! Spacey's lawyer
Jennifer Keller: I want to thank you
jurors, on behalf of Mr Spacey, for
paying such close attention. I never
talked about homosexual rage, never
said Anthony Rapp was in love with
Mr Barrowman. I called him the Big
Cheese in Joliet.
Keller: We are here because Mr. Rapp
has falsely accused Mr. Spacey, of
an incident that never occurred, in
a room that does not exist. I am not
going to call him Anthony. He is 51
years old. He is not a child.
Keller: Mr. Rapp tried to hitch his
wagon to the #MeToo movement - which
was necessary, women were not
believed. But Mr. Rapp's story is
dependent on their being a wall, and
a bedroom. And neither existed. And
his story, it seems it comes from
Precious Sons
Keller: This was a party story
that Mr. Rapp kept telling. But he
can't ID a single witness from the
party, can't describe them. There
was no party. Mr. Rapp's book is in
evidence, as Exhibit Triple B. He
wrote he was annoyed at his mother
following him.
Keller: The book is a confessional.
It says it is about Rent but it is
not. It is about babyhood, and his
boyfriend trying to leave him -
except, the Kevin Spacey story is
not there. And it's from 2006. It is
not the work of a private person,
let's put it that way
Keller: Yes, I asked Mr. Rapp
is, being on Star Trek, he moved
from the bathroom to the room via a
Transporter. Yes we deposed
Mr. Rapp first. Because, on the
studio, we needed to lock him down
so he couldn't, pardon me, wriggle
out
Keller: This turns out to be one of
the shortest parties in history. Was
it a half hour party? This only make
sense is no one is every going to
ask you about the details. The
devil is in the details. This party
never happened.
Keller: Who does he tell about
it? He tells his brother.
[Note: Kevin Spacey's brother Randy
Fowler may be been nearly entirely
absent from this trial, but will not
be from forthcoming booklet soon here.]
Later, he tries to get The Advocate
to publish a story in 2001 after Mr.
Spacey gets an Oscar for American
Beauty. It's strange - if Mr. Rapp
was a gay activist, you wouldn't
think he's want to out and claim a
child molester
Keller: Do you remember Brian
Williams? Highly respected news man
who lied about being in a helicopter
gunship that was hit. He was
exposed. President Reagan told a
story how as an army photographer
saw the Nazi death camp - never
happened, never left the US.
Keller: No one saying Anthony was in
a homosexual rage which is, I might
say, an offensive phrase. But Mr.
Rapp got a lot of attention from it.
He got an "Out and Equal" champion
award - and told a false story,
about being inspired by the #MeToo
NYT op-ed
Keller: Imagine it were 2052
and someone accused you- Rapp's
lawyer: I have to object. Judge:
Sustained. Keller: A person is
accused. How do you defend yourself?
A bad person says, This person is a
liar. But this is Me Too time. Mr
Spacey is told he must apologize
Keller: Mr. Spacey gives Mr. Rapp
the benefit of the doubt and issues
a non-apology apology. He insists on
"if." And in Feb 2018 Mr. Spacey
writes, It's like hearing about a
person I do not know. He muses it
might have been later, when he was
19
Keller: If I've offended people, the
way I cross examined Mr. Rapp, I'm
sorry. But it's a necessary part of
getting to the truth. It's fair to
say that Precious Sons was the big
moment in Mr. Rapp's life. It got
some reviews but no one went to see
it.
Keller: If it bad judgment by
a 26 year old to take a 19 year old
and a 14 year old to the Limelight.
I'm 69 but even I know clubs are not
jumping at 7:30 pm. That's the time
to take kids to a club. Is it evil?
I like it was nice, actually.
Keller: Mr. Spacey because a global
star. Mr. Rapp? Stardom did not
follow him. It's hard to make a
living as a working actor. Him
saying there's no envy is like me
saying I don't even Ruth Bader
Ginsburg. It's not credible
Keller: You can Google him
anywhere in the world -- Judge
Kaplan: No you can't. There's no
evidence in this trial about Google.
Go on. Keller: Mr. Rapp is
well known now for taking down one
of the greatest actors of his
generation.
Keller: Dr Rocchio didn't talk about
the baseline. So, Dr Bardey, of
course we had to retain someone. He
didn't go to Maine. We went down the
street, to a NYU professor, who
works at Bellevue. He can't say, but
I'm going to say, that Mr. Rapp was
faking it. Keller: Dr Bardey says he
show narcissism. What is that?
[From the creative commons:
'Narcissism' comes from Ovid's
Metamorphoses...When Narcissus
rejects the nymph Echo the gods
punish him, making him fall in love
with his own reflection in a pool of
water.
Keller: Our star witness is the
floor plan of the small studio
apartment. Mr. Rapp has given an
impossible story. So I urge
you, reject any compromise verdict,
awarding $1 of damages. It. Didn't.
Happen. 1 penny is too much.
Keller: The first question on
the verdict form is, Did Mr. Rapp
prove by a preponderance of the
evidence - he did not. Vote no.
Judge Kaplan: In ten minutes, the
rebuttal and my charge. [And then?
This thread will continue]
We're back, with Rapp's
rebuttal and then jury charge.
Rapp's lawyer: The proof has to come
in the case, not in argument. Mr.
Barrowman never told Anthony about
what he said Mr. Spacey did, until
the late 90s... Let's put up the
verdict sheet. Judge Kaplan: No.
Rapp's lawyer: The first question on
the verdict form is, Did we prove by
a preponderance of the evidence that
Mr. Spacey touched -- Judge Kaplan:
If you can't restrain yourself,
you'll have to sit down. Rapp's
lawyer: We have proved it by a
preponderance.
Rapp's lawyer: Why are you
getting on top of a child on a bed?
There's a question, Did he do it to
gratify Mr. Rapp's sexual desire?
Keller: Objection! Beyond the scope!
Judge: I'll allow it.
Rapp's lawyer: Your award for
the past should reflect all the ways
it has impacted Anthony in the past.
And as to the future, Dr. Rocchio
says it continues. Don't let
him get it away this time.
Video
outside of
court here
(Oct 18, Loftus Q)
and
here
(Oct 17,
Epstein plane
Q).
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2020 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com
,
