Kevin Spacey Arraignment
The former “House of Cards” star and Oscar winner had not guilty pleas entered on his behalf. He was released on personal recognizance and ordered to stay away from the alleged victim.
Spacey’s attorney, Alan Jackson, requested that any cell phone and cloud data from the alleged victim’s phone be preserved from time of the alleged incident to six months later.
Jackson argued that data may have exculpatory evidence for his client and it was important to put a “bubble” around the information in case it was needed as the case proceeded.
“This is data that we believe is not only potentially exculpatory, but likely exculpatory for Mr. Spacey. I simply don’t want to see any other that data deleted, destroyed,” said Jackson.
That motion was approved by Judge Thomas Barrett.
Spacey did not speak during his appearance in the courtroom and did not speak to the hundreds of reporters gathered in and around the court.
Cape and Islands Assistant District Attorney Michael Giardino said the state was only looking to have Spacey stay away from the alleged victim.
“Beyond the bail order your honor, the Commonwealth is requesting that Mr. Spacey be ordered to stay away and have no contact with the victim or his family,” he said.
Spacey wanted to avoid appearing for the arraignment, but his request was denied by a judge.
The first pre-trial in the case was set for March 4 at 11 a.m. Spacey will not have to appear for that hearing.
Security was ramped up in and around the small courtroom that only holds about 80 observers. Nantucket District Court has rarely seen this type of international media frenzy.
On the streets of Nantucket, many people waited for Spacey’s arrival.
The 59-year-old has argued that his presence would “amplify the negative publicity already generated in connection with this case.”
But Judge Barrett had previously denied Spacey’s request.
The allegations were first brought in November 2017, when former Boston TV anchor Heather Unruh told reporters that Spacey groped her teenage son during a chance encounter in the crowded bar of a Nantucket restaurant.
An attorney for Spacey, Juliane Balliro, had argued that Spacey’s presence at his arraignment would only “heighten prejudicial media interest in the case” and increase the risk of contaminating the jury pool.
Emails seeking comment on the judge’s ruling were sent to Spacey’s attorneys and the district attorney’s office handling the case.
Neither Spacey nor his lawyers have addressed the allegation publicly, but the actor released a video last week 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 addressing the criminal charge.
Spacey’s attorneys have also questioned the evidence against him.
Los Angeles-based attorney Alan Jackson noted during a hearing that Unruh’s son did not report the allegations to police right way, lied about his age saying he was 23, and said he was so intoxicated he may have blacked out shortly after Spacey allegedly groped him, according to an audio recording of the hearing obtained by The Boston Globe.
Unruh told reporters that her son didn’t report the assault at the time because he was embarrassed and scared. Her family decided to come forward after others went public with allegations of sexual misconduct against Spacey and other celebrities, she said.
According to state police reports filed in Nantucket District Court, the then 18-year-old man sent a video via Snapchat to his girlfriend that allegedly showed Spacey touching the front of his pants.
Spacey’s lawyers said at a hearing last week the video shows someone’s hand touching another person’s shirt, but does not show anyone being groped and that there’s not enough evidence for their client to be charged.
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