Kevin Spacey Must Attend Arraignment in Sexual Assault Case, Says Massachusetts Judge
An affidavit from the accused actor argued his "presence" in court would "amplify the negative publicity already generated in connection with this case"
Kevin Spacey will have to attend his arraignment on sexual assault charges in Nantucket, Massachusetts, next week, a judge decided Monday.
In papers obtained by PEOPLE, which were filed with the court last week, attorneys for Spacey had asked a Massachusetts judge to waive the Oscar winner’s mandatory appearance at the Jan. 7, 2019 proceeding.
An affidavit from Spacey noted the accused actor lives in a different state and suggested his “presence will amplify the negative publicity already generated in connection with this case.”
In the affidavit, Spacey indicated his lawyers would enter not guilty pleas on his behalf at the arraignment.
Supporting documentation from his attorneys claimed that if Spacey attended the hearing, it would “only serve to heighten prejudicial media interest in the case and will increase the risk of contamination of the pool of jurors available for the trial.”
Spacey, 59, has been charged with felony indecent assault and battery for his alleged role in a 2016 incident inside a Nantucket restaurant.
According to the allegations in Massachusetts, Spacey touched an 18-year-old man against his wishes in a sexual manner inside a Nantucket eatery in July 2016.
Cape and Islands Assistant District Attorney Michael Giardino had opposed Spacey’s request.
The charge comes more than a year after former Boston TV news anchor Heather Unruh publicly accused Spacey of assaulting her son in July 2016.
In police reports obtained by PEOPLE, Spacey’s accuser, now 20, told authorities that he was “texting and snapchatting” while Spacey reached down his pants and repeatedly touched his genitals over the course of three minutes while they were together at a Nantucket bar, where the accuser worked as a bus boy.
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The accuser said he initially lied to Spacey by saying he was a 23-year-old college student and also told investigators that he was the one who approached Spacey, wanting a photo, and proceeded to drink heavily before the alleged assault took place some time after midnight, reports in the case show.
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He went on to say Spacey’s alleged touching went on for about three minutes and that he tried to move away and moved Spacey’s hands away, to no avail, the report states. He said that he left when Spacey went to the bathroom.
At a probable cause hearing in Nantucket County Court on Dec. 20, Spacey’s attorney highlighted the purported incongruities in the accuser’s story and went as far as to act out the alleged abuse, according to audio of the hearing, which was first published by the Boston Globe.
On Monday, the same day that Spacey was charged with felony sexual assault, the actor released a video on his social media accounts, in which he seemed to be channeling his deceased House of Cards character, Frank Underwood.
“Some believed everything and have just been waiting with bated breath to hear me confess it all,” Spacey said in the video. “They’re just dying to have me declare that everything said is true and that I got what I deserved.”
“Wouldn’t that be easy if it was all so simple?” he continued. “Only you and I both know it’s never that simple, not in politics and not in life. … If I didn’t pay the price for the things we both know I did do, I’m certainly not going to pay the price for the things I didn’t do.”