Kevin Spacey Seeks to Avoid Appearing for Arraignment in Assault Case

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Kevin Spacey

Cape and Islands Assistant District Attorney Michael K. Giardino argues that the actor's appearance is required under state rules for criminal case procedure.

Kevin Spacey is looking to avoid appearing for his upcoming arraignment on a felony charge of sexual assault, newly filed court documents state.

The actor's attorneys filed a motion asking the judge to excuse Spacey's presence at the hearing scheduled for Jan. 7, according to a copy of prosecutors’ Thursday response to that motion obtained by The Hollywood Reporter

The motion from Spacey's lawyers detailing their request was not immediately available.

Cape and Islands Assistant District Attorney Michael K. Giardino argued in the response motion that Spacey’s appearance is required at the arraignment under rules for criminal case procedure, court documents stated. 

The 59-year-old, two-time Oscar-winning actor faces one count of indecent assault and battery stemming from an alleged assault that took place in July 2016.

The alleged victim was 18 at the time when he claims Spacey assaulted him after getting him drunk at the Club Car Restaurant on Nantucket. The alleged victim is being represented by renowned Boston attorney Mitchell Garabedian.

The criminal complaint against Spacey gives graphic details about the alleged assault, including that the victim was able to film some footage which he sent to his then-girlfriend on Snapchat. Authorities say they have that footage.

Spacey's lawyers, including Los Angeles-based criminal defense attorney Alan Jackson, argued during a Dec. 20 hearing that the video shows nothing illegal, according to audio obtained by The Boston Globe

The same day it was announced the actor would in fact be charged, Spacey broke his public silence of more than a year and released a video, in which he appears to defend himself while in character as his Netflix House of Cards alter ego, Frank Underwood. "My confidence grows each day that soon enough, you will know the full truth," the actor says in the video that runs a little longer than three minutes and has more than 8.3 million views.

Spacey — who was fired from House of Cards and also replaced in Ridley Scott's All The Money in the World over the allegations — is still under investigation in Los Angeles and in England for other alleged sexual assaults.