By Matthew Russell Lee, Patreon Maxwell book
BBC - Honduras - CIA Trial book - NY Mag
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 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).
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