Kevin Spacey‘s lawyers tried to have his sex assault charges tossed — by questioning why his accuser didn’t fight the actor off during three minutes of alleged groping, according to a new report.
Spacey’s lawyers went to Nantucket District Court last Thursday in an unsuccessful effort to argue there wasn’t enough evidence to charge the “House of Cards” star over allegations that he assaulted an 18-year-old boy in a local bar in 2016, according to a recording of the hearing obtained by the Boston Globe.
Defense attorney Alan Jackson argued that his client’s alleged victim — the son of former Boston news anchor Heather Unruh — told authorities Spacey allegedly groped his genitals for about three minutes, but he didn’t try to walk away or tell the Oscar winner to stop, the paper reports.
“That’s an incredibly long time to have a strange man’s hands in your pants, correct?” Jackson asked State Police Trooper Gerald Donovan, who investigated the case, during the hearing.
“I would agree with that. Yes,” Donovan replied.
Unruh’s son had told investigators he tried to turn his body away from Spacey and push the actor’s hands off him, but “Spacey kept reaching down his pants” and he couldn’t move away because the Club Car bar was crowded, according to the Globe.
Jackson also argued that a cellphone video purportedly capturing the alleged incidentonly shows a hand touching another person’s shirt, but no assault.
He noted that the teen says he was the one who first approached Spacey in the bar that night — and lied to the “Usual Suspects” star that he was a 23-year-old college student.
Unruh’s son also admitted to downing between eight and 10 boozy beverages in just 70 minutes — until he was so drunk he admits he may have blacked out after the alleged assault, Jackson said.
But Jackson failed to convince the magistrate, and Spacey, 59, was formally charged over the incident Monday — the same day he released a bizarre video in which he reprised the role of Frank Underwood from “House of Cards” while saying, “You wouldn’t rush to judgments without facts, would you?”
He is due to be arraigned on felony charges of indecent assault and battery on Jan. 7.