Both Spacey and his attorneys asked the judge to allow the actor to skip the proceeding because he lives outside the state and “my presence will amplify the negative publicity already generated in connection with this case,” according to the motion. Spacey also states in the document that he intended to enter a not guilty plea.
Cape and Islands Assistant District Attorney Michael K. Giardino argued in prosecutors’ response that Spacey’s appearance is required at the arraignment under rules for criminal case procedure, court documents stated.
It was announced on Christmas Eve that the former House of Cards star had been charged with 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. Prosecutors say there is video evidence of the alleged assault. Spacey’s lawyers say it shows nothing.