Spacey’s attorneys have filed a motion asking to excuse his presence at a hearing scheduled for 11 a.m. on Jan. 7 in Nantucket District Court. Defendants are normally required to appear for court arraignments unless their appearance is waived by a judge, Massachusetts court officials told the Boston Globe.
Court officials provided the Globe with a copy of the prosecutors’ response, as they had asked the judge in the case to deny the motion. Cape and Islands Assistant District Attorney Michael K. Giardino argued for the prosecution that Spacey’s appearance is required under state rules for criminal case procedure.
“At no time was there any agreement between the defendant and [prosecutors] with respect to the issue of the defendant’s appearance for arraignment,” Giardino wrote in a document dated Thursday, noting that Spacey’s attorney was informed that the prosecutors would not agree to the waiver.
Earlier on November 16, 2017, The Old Vic theatre disclosed details regarding previous allegations of inappropriate behaviour made by 20 men against Spacey during his tenure there as artistic director from 2004 to 2015.