Kevin Spacey's lawyers enter not-guilty plea, question sex assault allegation at Nantucket bar
/ CBS/AP
NANTUCKET, Mass. — Kevin Spacey appeared in court Monday to answer a sexual assault charge as his lawyers filed new court documents calling into question allegations he groped a young man in a bar on the resort island of Nantucket in 2016.
Spacey's arraignment comes more than a year after a former Boston TV anchor accused the former "House of Cards" star of sexually assaulting her son, then 18, in the crowded bar at the Club Car, where the teen worked as a busboy.
The actor's lawyers entered a plea of not guilty on his behalf to a charge of felony indecent assault and battery. The two-time Oscar winner smiled and chuckled with his lawyer before the proceeding began, but otherwise didn't speak, reports CBS News' Jericka Duncan, who was seated behind him in the courtroom.
A judge granted a prosecutor's request that Spacey, 59, be ordered to stay away from the accuser and have no contact with him. Spacey nodded slightly when a judge asked if he understood.
A judge had previously denied Spacey's bid to avoid appearing in person Monday at Nantucket District Court. Spacey had argued his presence would "amplify the negative publicity already generated" by the case. On Monday, the judge granted a defense request to preserve cellphone evidence and set a preliminary hearing date for March 4. Spacey will not have to appear at the March hearing, but he must be available by phone.
Spacey and his lawyers declined to comment as they left the courthouse amid a crush of reporters.
Television anchor Heather Unruh told reporters in November 2017 that Spacey got her son drunk and then grabbed his genitals during the incident. She said her son fled the restaurant when Spacey went to the bathroom. The police report said the accuser captured the alleged assault on a Snapchat video he sent to his girlfriend.
Spacey's lawyer, Alan Jackson, has sought to poke holes in the case, noting that the teenager didn't immediately report the allegations.
The accuser said he encountered Spacey in the early morning hours of July 7, 2016, after he had ended his shift as a busboy around midnight, according to a state police report. The 18-year-old said he told the actor he was a 23-year-old college student. He said he had at least eight drinks with the actor, with Spacey buying most of them and telling him, "Let's get drunk." He said Spacey made a sexual comment to him and later asked the teen to go home with him, but he refused. He told police he felt uncomfortable but lingered because he wanted to take a picture with Spacey for Instagram.
He said the two were standing in a crowd by a piano when Spacey unzipped the teen's pants and groped his genitals for about three minutes. The teen said he texted and Snapchatted his girlfriend during the incident, including the video. The teen said he tried to shift his body away from Spacey and move Spacey's hands away, but Spacey continued reaching down his pants.
He said Spacey then went to the bathroom, and the teen told a woman at the bar that he thought Spacey had tried to rape him. He said the woman told him to leave, so he did. He said he received a text from Spacey saying, "I think we lost each other."
The teen told his sister and mother about the incident and later reported it to police. He said the incident left him feeling embarrassed and had a "profound emotional effect" on him. He said he decided to come forward because he didn't want something similar to happen to anyone else.
But in a motion seeking to preserve cellphone and other evidence from the accuser and his then-girlfriend, defense attorneys called the allegations "unsubstantiated and after-the-fact." They said no witnesses have come forward to corroborate the accuser's assault claims, despite the crowded bar and publicity surrounding the case. They call the teen's actions "completely inconsistent with a victim of sexual assault," saying he didn't ask Spacey to stop or remove himself from the situation.
"Instead, according to [the accuser,] his reaction was to text and Snapchat his girlfriend, while [Spacey] was supposedly assaulting him," defense lawyers wrote.
Spacey's lawyers said that despite the texts and Snapchat messages during the encounter, the teen didn't tell his then-girlfriend about the alleged sexual assault. The defense said the first time the girlfriend heard about the assault allegations was more than a year later when Unruh described them at a press conference.
The defense calls the texts and Snapchat messages "relevant to the issue of consent and whether lack of consent was fairly communicated to [Spacey,]" and says they are "likely to reveal that [the accuser] joked about the incident with friends for months after the incident and that his mother is the driving force behind these allegations."
The defense also says the video "does not show anything that could remotely be described as assaultive behavior."
The civil attorney for the accuser said in a statement ahead of the hearing that his client is "leading by example" by coming forward.
"By reporting the sexual assault, my client is a determined and encouraging voice for those victims not yet ready to report being sexually assaulted," said lawyer Mitchell Garabedian, who has represented hundreds of clergy sexual abuse victims.
Garabedian is not a part of the criminal case against Spacey.
Media trucks lined the street before dawn, and locals on the island, which teems with tourists in the summer but quiets down in the winter, drove by slowly to take photos of reporters standing in line in the cold.
When the doors opened, more than two dozen journalists packed the courtroom hours before Spacey was scheduled to appear.
It's the first criminal case brought against Spacey since other allegations of sexual misconduct surfaced against him in 2017.
After the charge was announced last month, Spacey released a video in the voice of Frank Underwood, his character on Netflix's "House of Cards," in which he said, "I'm certainly not going to pay the price for the thing I didn't do." It was unclear whether he was referring to the charge.
Spacey has also faced other allegations.
His first accuser, actor Anthony Rapp, said Spacey climbed on top of him on a bed when Rapp was 14 and Spacey 26. Spacey said he did not remember such an encounter but apologized if the allegations were true.
If convicted, Spacey faces up to five years in prison.
First published on January 7, 2019
© 2019 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Does Alexandria Ocasio-Cortez want to "soak the rich"?
The youngest woman ever elected to Congress wants to raise the tax rate on top earners to as much as 70 percent
updated 10M ago 
Son stays up to watch Netflix, saves mom's life in fire
His mom admitted if he had listened and gone to sleep, they might not be alive today
updated 30M ago 
"Mismanagement" blamed for long wait times at LaGuardia amid shutdown
Wait times at the airport peaked up to 52 minutes at standard security lanes on Sunday
updated 31M ago 
Susan Zirinsky named president of CBS News
Zirinsky joined CBS News in 1972 and has held several positions through her decades-long tenure
updated 47M ago 
Clemency granted to woman convicted of murder as teen
Kim Kardashian West, Rihanna and other celebrities rallied for Cyntonia Brown who said she was a victim of sex trafficking
updated 52M ago
Does Alexandria Ocasio-Cortez want to "soak the rich"?
The youngest woman ever elected to Congress wants to raise the tax rate on top earners to as much as 70 percent
updated 10M ago 
White House asks for billions of dollars to fund border operations
The request is in addition to the $5.7 billion demand for funds to construct a "steel barrier" along the southwestern border
updated 54M ago 
Meet the next generation of House Democratic leaders
Reps. Hakeem Jeffries, Cheri Bustos and Ben Ray Lujan will look to make a name for themselves in the coming year
1H ago 
Jerry Brown leaves office after 16 years as California governor
Jerry Brown ends his tenure as California governor, passing his title to fellow Democrat Gavin Newsom
1H ago 
Trump heading to southern border Thursday
President Trump is demanding billions for steel barriers along the southern border. He has been talking about building a wall since his presidential campaign
2H ago 
The songs that got explorer through solo Antarctic trek
British army captain Lou Rudd became one of just two men who have successfully skied across the frozen continent
3H ago 
Malala Yousafzai amplifies voices of refugee girls in new book
The Nobel Peace Prize winner also says Trump's border wall "does not reflect the values of America"
3H ago 
Bolton in Turkey to negotiate Kurds' fate amid Syria policy confusion
Kurdish fighters were vital U.S. ally in fight against ISIS, but if U.S. walks away, they fear Turkey could try to swoop in and wipe them out
6H ago 
China and U.S. restart trade talks as a warship clouds negotiations
China complained of a sighting of a U.S. warship in what it said were Chinese waters, complicating new trade talks
6H ago 
Cardinal on trial in France's biggest Catholic sex abuse case to date
Cardinal Philippe Barbarin stands accused of covering up for an alleged pedophile priest accused of abusing Boy Scouts for decades
8H ago 
Stars break gender norms at Golden Globes
From a custom Louis Vuitton harness to an outfit that is both a dress and a suit – these stars went against the norm with their Golden Globes looks
1H ago 
Christian Bale thanks Satan at Golden Globes
After saying he portrayed a charisma-free man reviled by everyone in "Vice," Bale suggested, "What do you think, Mitch McConnell next?"
2H ago 
Golden Globes 2019: Full list of winners
Glenn Close won best film actress in a drama for "The Wife;" Christian Bale won best comedy actor for "Vice"
2H ago 
Golden Globe Awards 2019: Winners and highlights
"Bohemian Rhapsody" was the big winner at the 76th annual Golden Globe Awards on Sunday
6H ago 
Lady Gaga wins second Golden Globe award in her career
"As a woman in music it is really hard to be taken seriously as a musician and as a songwriter," Gaga said
5H ago 
Running blind
A rare condition that left Simon Wheatcroft completely blind by age 27 has not slowed the marathon runner down, as he tests new technologies he hopes will help the visually-impaired
Jan 6 
Everything you need to know about CES 2019
CES 2019 is days away. Here's how to follow the show
Jan 6 
AT&T makes new predictions about technology's future
25 years ago, an AT&T ad campaign made bold predictions about the future. A generation later, the company has a new set of them
Jan 5 
L.A. sues Weather Channel over app users’ data
The Weather Channel app may be sharing your location data with advertisers without your consent, according to a lawsuit by the Los Angeles city attorney
Jan 4 
Ambitious effort to clean up Great Pacific Garbage Patch faces major setback
Inventor Boyan Slat wants to clean up more than 1.8 trillion pieces of plastic in the water between California and Hawaii
Jan 3 
Is it a cold or flu? 5 questions to ask yourself
Here are some simple ways to help determine whether your illness is a cold or the flu
1H ago 
22-year-old with deadly disease loses disability insurance
Social Security sent Megan Willis a letter saying her health had improved and that she was able to work. It was news to her.
Jan 5 
Do sugar-free sweeteners really help you lose weight?
Researchers reviewed more than 50 studies and found little evidence of any health benefits
Jan 3 
"Sicker, Fatter, Poorer": The cost of hormone-disrupting chemicals
"We found that these exposures cost the United States $340 billion a year. That's 2.3 percent of our gross domestic product," says Dr. Leonardo Trasande
Jan 3 
Sunflower butter recalled after customer finds listeria
Oskri Organics said it was informed by a customer that they "randomly" sent its product in for testing
Jan 3
Does Alexandria Ocasio-Cortez want to "soak the rich"?
The youngest woman ever elected to Congress wants to raise the tax rate on top earners to as much as 70 percent
updated 10M ago 
Disneyland hikes ticket prices again–cheapest daily fee over $100
The latest round of increases — of up to 25 percent — comes ahead of a new Star Wars-themed expansion
4H ago 
Eli Lilly to spend about $8 billion on Loxo Oncology
The drugmaker is adding new cancer treatments to its lineup, paying a 68 percent premium for Loxo shares
6H ago 
Investors have plenty of reasons to worry
As volatility soars amid reports that swerve from bearish to bullish, investors can expect more in the months ahead
6H ago
China and U.S. restart trade talks as a warship clouds negotiations
China complained of a sighting of a U.S. warship in what it said were Chinese waters, complicating new trade talks
6H ago 
Man charged in killing of dad who was camping with daughters
Anthony Rauda, 42, is also accused of trying to kill 10 others in a series of shootings over the past two years
1H ago 
Dancer who lost her leg in Boston Marathon bombing hit by car
Adrianne Haslet lost a leg in the Boston Marathon bombing in 2013
4H ago 
Babysitter returned dead boy to mom and pretended he was alive
Wisconsin babysitter who allegedly killed a 2-month-old boy then pretended he was alive when she gave the boy back to his mother has been charged with homicide
3H ago 
20-year-old man charged with murder in shooting death of Texas girl
Eric Black Jr. appeared in court to face a capital murder charge in the death of Jazmine Barnes
7H ago 
Texas man fights to save son, convicted of deadly attack on family, from execution
What begins as a quest to identify the killer in a double homicide reveals a stunning conspiracy and 15 years later, becomes the story of a victim willing to forgive and begging the state to have mercy
Jan 5 Original Article
