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For Trial Kevin Spacey Hired Dr Loftus Expert in Ghislaine Maxwell Case But Doesn't Call Her

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

SDNY COURTHOUSE, Oct 18 – 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 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:

OK - in Rapp v Kevin Spacey, cross examination of Spacey. 

Rapp's lawyer: You wrote, If he maintains there was a bedroom, he'll have a problem, right?

Spacey: Yes. Rapp's lawyer: You wrote, if it was in my apartment downtown, he'd be 19, - but this meant, it might have happened, right?

Spacey: Not sexually, sir.

Rapp's lawyer: Has it been an important part of your life to combat bigotry? Spacey: Yes. Rapp's lawyer: Do you have WhatsApp? Spacey: Yes.  Rapp's lawyer: You used WhatsApp to text Mr. Lowenstein, right? Spacey: I might have.

 Rapp's lawyer: You wrote, maybe just maybe Anthony Rapp is down on his luck-- Spacey's lawyer: Objection. Not in evidence.

Judge: Sustained. Rapp's lawyer: I offer it in evidence. Spacey's lawyer: Objection, 403. Judge: Sustained. Rapp's lawyer: Nothing further

Spacey's lawyer: Next witness is Dr. Alexander Bardey. You are a forensic psychiatrist? Bardey: Yes. I went to SUNY Stony Brook School of Medicine then NYU, on staff at Bellevue.  I head forensic psychiatry for Nassau County.  I deal with malingering a lot

Spacey's lawyer: Mr. Rapp's expert Dr. Rocchio diagnosed Mr. Rapp with PTSD. Do you agree? Dr. Bardey: I do not. I met with him for about two & a half hour. Spacey's lawyer: Why only 2 & 1/2? Dr. Bardey: I had his deposition. So I interviewed his husband & others

 Dr. Bardey: My take-away from Rocchio's testing was that it was inconsistent.  Rapp's lawyer: Objection. This is not in the report.

Judge (after a time) This is 49 single spaced pages. Let's give the jury a break as I read it. Break taken - thread will continue We're back. Spacey's lawyer: Any more sexually traumatic incidents for Mr. Rapp? Bardey: He was seduced by a 40 year old actress when he was 16 or 17.

Spacey's lawyer: That could be traumatic? Rapp's lawyer: Objection. Judge: Sustained. Spacey's lawyer: Are you aware that Mr. Rapp engaged in sex with boys while 11 and 12? Dr Bardey: Yes. So I found no change in behavior after the alleged incident in 1986.

Dr. Bardey: I found he has aspects of narcissistic personality disorder. Spacey's lawyer: Would a person like that, if they lost a beauty contest or an election, claim they hadn't lost? [There is laugher, and an objection by Rapp's lawyer.  Sustained.]

Judge says, Let's have a sidebar. Jurors, take a break. Spacey's lawyer: I'm staying on the right side of wrong. I'm not asking if he thinks Mr. Rapp is lying. Rapp's lawyer: They are trying to back into it.  Judge: We have a contemporaneous objection rule.

Spacey's lawyer: Judge, if could just -- Judge Kaplan: My late great senior partner, who sat on this court, had a saying, When the judge is ruling in your favor, get out of the courtroom well... before he changes his mind. Jury is called back in.

But not for long - after an objection about a question to Dr Bardey on cross, Judge Kaplan says he'd like to review something, so sends jurors home. Now with jurors out of the courtroom, a last burst of argument about Dr. Loftus (also in Maxwell trial)

 Spacey put Dr Loftus on his witness list - but now, he's not calling her. Can jury to be told that? That is, is Rapp entitled to a missing witness charge? Judge: Where does she reside?

A: California. 

Judge: I'll think about it overnight.

 Video outside of court here (Oct 18, Loftus Q) and here (Oct 17, Epstein plane Q).


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