Thread by @innercitypress

OK - Rapp v. #KevinSpacey trial continues. Dispute about who will play Barrowman deposition, also a scheduling issues. Inner City Press is covering the case innercitypress.com/sdny17aqkaplan… and will live tweet, thread below patreon.com/posts/extra-to…

Before jury comes in, the scheduling: Spacey testimony will be today. Plaintiff (Rapp) has just rested his case. Spacey moves under Rule 50a for a judgment as a matter of law, will file memo "over the lunch hour."
Judge Kaplan: Over the lunch hour?

Spacey's lawyer: There was only incidental contact with the plaintiff's buttocks, even as told. It is plaintiff's burden to show that the claim-revival applies.
Judge Kaplan: I'm not going to grant that, at least now. The jury could infer it was for gratification

Rapp's lawyer: You are a 14 year old boy wriggling out from under a 26 year old man, who asks if he wants to stay. There was a battery and then this man [Spacey] pursued him

[Spacey's lawyer is quoting Judge Kaplan's ruling in Giuffre v. Prince Andrew back to him. But in this case, defense motion(s) not granted]
Judge Kaplan: I'm not going to grant that now. OK, bring the jury in. I'm going to tell them they'll get the case this week.

Judge Kaplan: We'll have the Barrowman deposition played, and then the defense's first witness, Mr. Spacey.
Deposition (with Jennifer Keller) starts playing, stops.
Judge Kaplan: Oh no.

[Barrowman was represented at the deposition by David Wright Tremaine LLP.]
Barrowman: For the previous deposition I was in my flat in Cardiff, Wales where I film a show for iTV. It took 30 to 40 minutes.
Q: When did you last speak to Mr. Rapp?
Barrowman: 1998

Barrowman: I played Cole Porter's lover in a biopic. My sister and I have written a series of Y/A novels. There's also my first autobiography.
Q: It's non-fiction, right.
Barrowman: Yes, non-fiction.

Barrowman: I met Mr Rapp when he came to our school for the play Oliver. We would go out to Pop n' Fresh Pie.
Q: Did you see Mr Rapp in NY?
Barrowman: Yes. I stayed with him & his mother, & we went to see a play, after which we were in Jack Lemmon's dressing room

Barrowman: Then we went to the Limelight. I had vodka and tonic from a plastic cup.
Q: In your book you say you drank vodka with Drew Barrymore.
Barrowman: I was told she was in the club.
Q: Did you see her?
Barrowman: No. So what I wrote was an interpretation.

Q: Did Mr. Spacey touch you at the Limelight?
Barrowman: Maybe on the dance floor we did something silly like dance the Bump. Then we went to see his place. It was a studio flat - sorry, I mean apartment. There was a bed.

Barrowman: You could see Jersey out the window. Anthony went to the bathroom and Kevin Spacey put his arm on me. I already knew I was gay. I was flattered that an older man was showing an interest in me.
Q: You were 19.
Barrowman: Yes.

Barrowman: Afterward I sent Mr. Spacey flowers. He somehow called my mother... Later I saw Anthony in London, he was doing "Rent." We had dinner and I told him what had happened with Kevin Spacey. And he said something happened a following weekend, he got laid on

OK, after a break, Defense: We call Kevin Spacey.
Scolnick: Are Mr. Rapp's allegations true?
Spacey: They aren't.
Scolnick: Mr Rapp has criticized you for being private about your sexual orientation. Have you been private about other things?
Spacey: Yes. My family.

Spacey: "My father was a white supremacist and a neo-Nazi." Then my hatred of bigotry began. I was embarrassed to bring anyone home. My best friend in high school was Jewish. I couldn't bring him home.

Spacey: My mother loved movies and music. I liked to make her laugh. Then my father sent me to military school. I got kicked out for having too many fights. The school liked fights.
Judge Kaplan: Hold on

Spacey: My father would ask if I was gay, since I liked theater. He would use a hurtful word that begins with F. I had relationships with women as well. But so has Mr. Rapp. It's my choice. We have to respect that it is a difficult process.

Q: Did you do what Mr. Holtzman said you did?
Spacey: No.
Q: Mr. Holtzman says he recognized you from a program at the Public Theater. Were you on it?
Spacey: No I was not.

Spacey: I was really determined I did not want to wait on tables.
Rapp's lawyer: Objection!
Judge Kaplan: He's asking how he got a job at the Public Theater. Overruled.
Spacey: I got past Dolores and Mr. Rapp said, Come on in. I told him my sob story. I was hired

Spacey: I had to get the car washed. I had to deliver the dry cleaning to his apartment on 10th Street.
Q: Did you type letters for him?
Spacey: I did.
Q: Let me show you a letter--
Rapp's lawyer: Objection!
Judge: Come to the sidebar.
[Whispering]

Q: Tell me about the Save the Theaters campaign.
Spacey: Mr. Papp worked to save two theaters - the Morosco and the Helen Hayes - from demolition for a hotel. The Honorable Thurgood Marshall issued a stay.
Q: Were you photographed?
Spacey: Yes.
Def. Exh XX.

Spacey: Later I became the pinch hitter for most parts in Hurly Burly. I was getting sued for not paying rent, all over Manhattan. Then I got the role in Long Day's Journey into Night. Then I got the apartment - the best thing about it was the view

OK - after (long) lunch break, they're back.
Judge Kaplan: Mr. Spacey, or Mr. Fowler, tell me how you'd referred to be referred to.
Spacey: Spacey is fine.
Easel is pulled out, to demonstrate apartment lay-out.

Q: What about your personal life in 1986? Did you drink?
Spacey: Socially. But Long Day's Journey into Night was very demanding.
Q: Did you use any drugs in 1986 in New York?
Spacey: Not in New York.
Q: Did you throw parties?
Spacey: Only 1. And not in May.

Q: What would happen after the performances?
Spacey: I'd often end up in Mr. Lemmon's dressing room. He's say, "Wasn't I wonderful tonight?" [Spacey says it in a Jack Lemmon voice] Then I'd take a taxi to 66th Street and 2nd Avenue.

Spacey: In late 1987, I got a TV show, and I saw myself with a cigarette and a beer and it was 9:30 am. I said to myself, if I keep this up I'll be a barstool saying, It could have been me. So I stopped for eight years.

Spacey: When I met then in Jack Lemmon's dressing room, Anthony Rapp seemed like a boy, and John Barrowman appeared to be man.
Spacey's lawyer: Let me know you a photo.
Rapp's lawyer: Voir dire? [Then] No objection.

Q: Where did you all go to dinner?
Spacey: There are many restaurants, Joe Allen's and others. I don't remember which one we went to. I was focused on Mr. Barrowman. We had a drink at the Limelight. I danced with him.

Spacey: I said, Do you want to meet my dog? And we took a cab up to 66th Street. John and I saw on the bed, there was something going on. It has been testified that Mr. Rapp went to the bathroom. When he came out and we went downstairs. I had to walk my dog.

Spacey: Now later there was the Me Too movement. I think it had an impact because the claims against Harvey Weinstein were investigated for a year.
Spacey's lawyer: Did you get this email from Mr. Vary?
Spacey: Yes, the *journalist* [like in air quotes]

Spacey: Then the article came out. My publicists said, You have to apologize, you can't push back, they're going to call you a victim-blamer.

Q: Did you team tell you that you had to express respect for Mr. Rapp, and regret?
Spacey: Yes. But I insisted that we use the word "if." Take it seriously but not factually.
Q: Were you told to go out and do an interview about your sexuality, a bigger story?

Spacey: Yes. I was ready to put my sexuality behind myself.
Lawyer: Let's take a break.

They've back.
Spacey: Since the plane that I was on, on an AIDS mission, was owned by Jeffrey Epstein, it was being reported I had gone to Pedo Island. Yes, I met Jeffrey Epstein. But I never went to any island.

Spacey: It was also being reported that in a pizzeria basement in DC, along with Anderson Cooper and Hillary Clinton, I was eating babies.
Spacey's lawyer: And that's false, right?
Spacey: Yes, it's false.

Spacey: I was accused by the gay community of trying to change the subject (sniffles or sobs)
Rapp's lawyer: Objection.
Judge: Overruled.
Spacey: I see why people thought that. That's mine, I have to own it. And I deeply sorry. (Leans forward, sobbing)

During a break after Kevin Spacey sobbing, here's Inner City Press' #GhislaineMaxwell song with footage of Spacey on Epstein's plane for Africa trip with Chris Tucker and Bill Clinton, at 0:42

https://twitter.com/innercitypress/status/1540725529443278849

Note: This is not about a DC pizzeria basement - Epstein's Africa junket with Bill Clinton et al was a long trip. More later - they're back.

Spacey: There were even people saying I should issue my statement before the article came out. But I thought I might learn from the article.
Spacey's lawyer: Is this an email you wrote to Evan Lowenstein?
Spacey: Yes.

Spacey's lawyer: In it you say you had a dream that made you realize, what?
Spacey: That I didn't have a bedroom until 1991. I had a dream about Jack Lemmon, he visited me at 302 West 12th, and wrote me a letter to the board as Waverly Place.

Now Rapp's lawyers say they want to argue to expand the scope of cross examination of Spacey. So jury has been excused.
Rapp's lawyer: There is an inference that Mr. Spacey is sexual attracted to boys. On direct he has said he is not interested in boys. And see VV

Rapp's lawyer: The defendant has opened the door. So we have impeachment testimony. Justin Dawes was 16. I would like to confront Mr. Spacey with his testimony.
Judge Kaplan: Rule 608e -- Mr Scolnick, control yourself.

Scolnick: Mr Dawes was combative and disrespectful of counsel. We have Mr. Brown --
Judge: Remind me what he says.
Scolnick: He contradicts Dawes. It's all a distraction.

Rapp's lawyer: Mr. Spacey is under indictment in the UK for this conduct, while in the Old Vic --
Judge Kaplan: Do you have witnesses? He has denied the complaint in the UK. The presumption of innocence applies in the UK too. We're not trying the English case

Judge Kaplan: So I'll await more filings.
They're done. *Many* photographers down on Worth Street waiting for Spacey. Heading down there... Stories later on InnerCityPress.com and reon.com/MatthewRussell…