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In Kevin Spacey Trial Judge Declines To Rule He Can't Be Questioned on Other Victims, But...

By Matthew Russell Lee, Patreon Stand-up
BBC - Guardian UK - Honduras - Video

SDNY COURTHOUSE, Oct 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 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 and below.

On Sunday October 9 Judge Kaplan declined to grant Spacey's request that he not be questioned about other victims, other than Holtzman - that will be on a case by case basis; on Patreon here.

From October 7: Jury entering! First witness is Andrew Holtzman [yet another Holtzman accuser. He married his husband in 2009.]

Rapp's lawyer: Let me direct your attention to 1991. Where were you working? Holtzman: Joseph Papp's NY Shakespeare Festival on Lafayette Street.

Rapp's lawyer: Tell us who Joseph Papp is. Judge Kaplan: Sustained. Get to the point. Rapp's lawyer: Did you work in a full program there?

Holtzman: Yes. For Mr. Papp's wife. I told to know Mr. Papp when he came in. I came to run a second-change film office

 Rapp's lawyer: Describe the office. Holtzman: There were two desks. Rapp's lawyer: Did you encounter Kevin Spacey? Holtzman: Yes, in the office. I was finishing up a phone call. He was wearing tight blue jeans. I saw that he was erect - then on top of me

Holtzman: He grabbed me by the crotch - for leverage - & I felt his erection against my body. He had not said anything. I was shouting. After a time he pulled away & looked angry, like it wasn't suppose to go this way Spacey's lawyer: Objection. Judge: Sustained.

Judge Kaplan: Everything after angry is stricken. Rapp's lawyer: What did you think? Spacey's lawyer: Objection. Judge: Sustained. Rapp's lawyer: What did you do next? Holtzman: I sat at my desk. [Judge Kaplan calls lawyer for a whispered sidebar]

 Judge Kaplan: Cross examination. Spacey's lawyer: You understand we're here about a party in 1986, right? Holtzman: Yes. Spacey's lawyer: You have no first hand knowledge of that party, correct? Holtzman: No first hand knowledge. 

 Spacey's lawyer: In 1991 you were 27, right? Holtzman: Yes. Spacey's lawyer: You had chest hair? Holtzman: Some. Spacey's lawyer: You felt comfortable with Mr. Papp, and were open with him about your sexual orientation, yes? Holtzman: Yes.

 Spacey's lawyer Scolnick: Mr. Papp gave your outrageous opportunities, right? Holtzman: If I said that. Scolnick: You can't explain how you knew it was Kevin Spacey when he came into the office, right? Holtzman: I can--

Scolnick: Yes or no.

 Scolnick: Other people came in to use the 2d desk, yes? Holtzman: At certain times of the year. Scolnick: Your deposition, you could review it, yes? Judge Kaplan: Let's save time. Just read from the transcript, then ask the witness about it.

 Holtzman: He lifted me up on the desk. Judge Kaplan: How much did you weight then? Holtzman: 120 or 130. Judge: Thanks. Scolnick: Did he leap over your desk in a single bound? Rapp's lawyer: Objection. Judge Kaplan: Sustained, argumentative, Superman.

 Scolnick: You screamed but no one came in, right? Holtzman: We haven't discussed where the office was. Scolnick: You didn't see him again, correct? Holtzman: Yes, thankfully. I wasn't looking for him.

 Scolnick: Isn't it true you were present at the film screenings, along with Mr. Fabiano Espinoso, yes? Holtzman: I'm not arguing he wasn't. Scolnick: Now there's a Joe's Pub, right? Holtzman: There wasn't then.

 Scolnick: That was the entrance, and Mr. Spacey sat there with Dolores, right? Holtzman: I never saw him. I'm being truthful, I'm under oath. Dolores was a wonderful character. I never saw Kevin Spacey again. Scolnick: Mr. Spacey was an assistant to Mr Papp, yes?

Holtzman: Not that I remember. I can name two other names. Scolnick: You never told Mr. Papp about your Kevin Spacey story, right? Holtzman: I didn't tell anyone at the Public Theater.

 Scolnick: You told it for the first time on Facebook in 2017, yes? Holtzman: To my friends. Scolnick: And there were 58 responses, by people who did not know the story, right? Holtzman: They were very compassionate.

 Scolnick: You kept a journal, didn't you? Holtzman: I couldn't find them. Scolnick: I asked you for a copy of these alleged journals, right? Holtzman: We keep a lot of things over the years, and some don't last.

Scolnick: Mr. Papp could have ended Mr. Spacey's career, yes? Holtzman: I suppose. Scolnick: Nothing further. Judge: Re-direct. Rapp's lawyer: You said you didn't want to see the play Henry IV. Why not? Scolnick: Objection! Judge: Sustained.

Rapp's lawyer: You said retribution, meaning what? Holtzman: I was frightened and confused, I thought Kevin Spacey might tell Mr. Papp I'd done something. Rapp's lawyer: Who were the secretaries to Mr. Papp? Holtzman: Louise, the guardian to Mr. Trump, I mean Papp

Rapp's lawyer: Had you told people about what Spacey did? Holtzman: Yes. We'd be watching the Oscars and people would bring him up. And if comfortable I'd tell the story. Rapp's lawyer: Any doubt it was Mr. Spacey? Holtzman: None. Rapp's lawyer: Nothing further.

After a break, next witness is Christopher Denny. He came NYC in 1979 with "stars in his eyes for music and theater. His mother was on Broadway in the 50s. Rapp's lawyer: How did you meet Anthony Rapp? Denny: He was in an off-Broadway play called Sophistry.

Rapp's lawyer: Did Anthony tell you what happened with Mr. Spacey? Denny: Yes. He told me he went to a side room to watch TV. That Spacey came in and got on top of him... Cross examination.

Spacey's lawyer: Let me know you your deposition testimony. Denny: Let me get my glasses out (sighs). Spacey's lawyer (reading) you said, a door or something. Denny: May I explain? Judge: This is not an essay question.

Spacey's lawyer: Did you read Mr. Rapp's book, the part about abusing his partner? Denny: Somewhat.  Judge: Next witness. Rapp's lawyer: Next is a video deposition of Sean Snow, who says "picked up like a bride"

 Q: How did you meet Mr. Rapp? Snow: On the set of School Ties, in 1991. Then I moved to NYC in 1992.  Q: Did he ever have an unhealthy relationship? Snow: Yes, with Joshua Safron, who is deeply insecure. He was parsimonious in his praise of Anthony

 Q: Have you ever had a romantic relationship with Mr. Rapp? Snow: No. End of video. Next witness... Anthony Rapp. Drum roll.

There was an hour-long lunch break. Here's Rapp. Rapp's lawyer: Anthony, where do you live?

Rapp: The East Village. With my husband Ken. Rapp's lawyer: Where did you go to college? Rapp: To NYU for a short time. They didn't have any financial aid left for me.

Rapp's lawyer: Tell me about the plays you were in. Judge Kaplan: Can we move this along to something more relevant?

Rapp's lawyer: May we have a sidebar?

Judge: No.

Rapp's lawyer: Tell me about one play. Rapp: At 9 I was an understudy to Tiny Tim.

 Rapp: I was looking for work, I got a job at Starbucks - then I got the part in Rent. I was in it for 2 years. Rapp's lawyer: What awards did Rent win? Rapp: The Tony, and the Pulitzer Prize posthumously. Rapp's lawyer: How about TV? Rapp: I did Law & Order SVU

 Rapp: I was on Star Trek Discovery. We're filming our fifth season now.  My character is openly gay.

Rapp's lawyer: What was it like, to be cast as the first openly gay character in Star Trek? Spacey's lawyer: Objection, irrelevant. Judge Kaplan: Sustained. Rapp's lawyer: Who was a mentor to you?

 Rapp: Ed Harris. Rapp's lawyer: How do you choose your projects? Spacey's lawyer: Objection, irrelevant. Judge Kaplan: Sustained.

Rapp's lawyer: Can we have a sidebar?

 Judge: No.

 Rapp's lawyer: Let's talk about your sexual orientation. Rapp: Larry Kramer was a- Spacey's lawyer: Objection, non-responsive and irrelevant. Judge Kaplan: It is stricken. Rapp's lawyer: How was working with adults? Rapp: Yul Brenner told me, "Get out of my way!"

 Rapp's lawyer: You can to NYC to do Precious Sons? Rapp: Yes. Ed Harris played my father. It was a great time. I was going to Tower Records, I was in the theater community. Rapp's lawyer: You met Kevin Spacey? Rapp: At a function. I knew that he was in Long Day's Journey into Night

Rapp: I also met Lilly Tomlin... I felt I was treated like a peer. Rapp's lawyer: When you went backstage at Long Day's Journey into Night, what happened?

Rapp: There's a private area. Kevin Spacey received us.

 Rapp: I congratulated him as I had Jack Lemmon, who'd met us first. Later we went out to dinner with Kevin Spacey.

Rapp's lawyer: Then where did you go? Rapp: The Limelight nightclub. I'd never been there and I had no ID. Kevin Spacey got me in.

 Rapp: Later he had a party on the Upper East Side. I walked from 81st to off of 2nd Ave in the 60s, a tall black glass high rise. Upstairs, Kevin Spacey was the only one I knew.  I went to the window, and I saw the bedroom with the TV in it, to the side.

 Rapp's lawyer: Did you draw the apartment at your deposition? Rapp: I did... Rapp's lawyer: In the incident, where was his torso? Rapp: On mine. But not parallel.  Rapp's lawyer: What were you thinking? Rapp: I was (pause) I knew something was really wrong

 Rapp's lawyer: What did you think when he said Are you sure you want to leave? Spacey's lawyer: Objection, calls for speculation.

Judge Kaplan: Overruled. Rapp: That he wanted me to stay. But I left. Judge Kaplan: I promised the jurors they could leave at 3:30, so they can. Mr. Rapp, step down. Counsel, please remain.

And then Judge Kaplan asks the defense, Will you be making a Rule 50 motion? Yes.

Judge Kaplan: I'm not forecasting my ruling...


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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.

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Inner City Press will stay on it - podcast

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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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