第3集 | 曾有一位来自楠塔基特的妈妈

他援引了第五修正案反对自我归罪的特权，不再回答其他问题。

He invoked the Fifth Amendment privilege against self incrimination and answered no further questions.

嗯，你让这件事听起来很阴险，但我根本没有那样的意图。

Well, you're making it sound sinister, and there was no intent on my part.

我们

We

我们收到了一堆我们认为性质可疑的短信。

received a bunch of text messages that we felt appeared suspicious in nature.

一旦我们确定了那套公寓，我认为我们基本上就认定这将是他们案件的终点。

Once we were able to nail down the apartment, I think we we pretty much concluded that that that would be the end of their case.

我们意识到，如果其他人在他之前接受询问，他就有机会收集自己的文件并进行自己的调查，从而让他的谎言与其它证人的说法保持一致。

We realized if other people were deposed first, then if he had the opportunity to collect his own documents and do his own investigation, then he would conform his lies to the other witnesses.

这是未经剪辑的凯文·史派西审判，第三集。

This is the Kevin Spacey trial unfiltered, episode three.

从前有一位来自楠塔基特的妈妈。

There once Was a Mom from Nantucket.

我的名字是安·麦克埃尔亨尼。

My name is Anne McElhenny.

在上一集中，凯文·史派西刚刚做了一个梦。

In the last episode, Kevin Spacey had just had a dream.

这个梦告诉他，安东尼·拉普的指控毫无道理，不可能是真的。

The dream told him that Anthony Rapp's allegations didn't make sense and couldn't be true.

这让他感到兴奋和充满动力。

It had got him excited, motivated.

他认为自己找到了证明拉普错误的方法。

He thought he had found a way to prove Rapp wrong.

但当他准备反驳拉普的指控时，加利福尼亚和马萨诸塞州又出现了其他更近期的指控。

But as he prepared to fight Rapp's accusations, other more recent allegations emerged in both California and Massachusetts.

由于这些指控是近期发生的，可能给史派西带来严重麻烦。

And because they were recent, they could mean serious trouble for Spacey.

与安东尼·拉普的指控不同，这些指控当时并未超过诉讼时效。

Unlike Anthony Rapp's allegations, they were not then barred by a statute of limitations.

随着这些新案件在法庭上被推进，斯佩西现在面临着真实的刑事和民事后果。

Spacey was now facing very real criminal and civil consequences as these new cases were pursued through the courts.

然而，加利福尼亚州的案件还未开始就结束了。

However, the California case was over before it began.

这位匿名指控者是一名按摩师，称斯佩西在2016年的一次按摩中强迫他进行性接触。

The anonymous accuser, a masseur, said Spacey forced him to touch the actor sexually during a massage in 2016.

代理斯佩西处理该民事案件的律师，也同样代理这起强奸案。

The same lawyers who represented Spacey in that civil case represent them in the rap case as well.

以下是律师詹妮弗·凯勒对加利福尼亚州案件的陈述。

Here's lawyer Jennifer Keller talking about the California case.

凯文自始至终都坚持，他希望自己的案件能在法庭上得到审理，仅此而已。

Well, Kevin has taken the position all along that he wants his case tried in a court of law, period.

他之前在洛杉矶曾面临一项指控，但我们从未有机会审理，因为投诉者去世了。

He had a previous allegation against him in LA, and we never got a chance to do that because the complainant died.

如果我们有机会继续推进诉讼，我们本可以确凿地证明这件事从未发生，事实上也不可能发生。

And had we had a chance to go ahead with the litigation, we would have conclusively proven that it didn't happen, and in fact couldn't have happened.

做出指控的人，我们并不知道，当时已经身患癌症，时日无多。

The person who made the accusation, unbeknownst to us, had cancer and was on his way out.

乍一看，马萨诸塞州的案件似乎更有依据。

At first glance, the Massachusetts case looked like it was on firmer footing.

希瑟·恩鲁，一位前波士顿新闻主播，在BuzzFeed文章发布前，曾在推特上含糊地指控Spacey性侵了一位亲属。

Heather Unruh, a former Boston news anchor, tweeted a vague accusation about Spacey sexually assaulting a relative just before the BuzzFeed article emerged.

她的推文说，哈维·韦恩斯坦丑闻‘激励了我’。

Her tweet said that the Harvey Weinstein scandal, quote, has emboldened me.

#真相时刻。

Hashtag truth time.

在Spacey性侵了我的亲人之前，我一直都是他的粉丝。

I was a Kevin Spacey fan until he assaulted a loved one.

多米诺骨牌开始倒下。

Time the dominoes fell.

在Rapp的指控在BuzzFeed文章中曝光约一周后，恩鲁召开了一场新闻发布会，指控Spacey性侵了她当时18岁的儿子威廉·利特尔。

Then about a week after Rapp's allegations came out in the BuzzFeed article, Unru held a press conference in which she accused Spacey of sexually assaulting William Little, her then 18 year old son.

她说，Spacey给她的儿子灌酒，等他喝醉后，把手伸进少年的裤子并猥亵了他。

She said Spacey plied her son with alcohol and after he was drunk, put his hand down the teenager's pants and groped him.

正如现在逐渐形成的模式一样，针对Spacey的最初指控获得了大量媒体关注。

As was now becoming a pattern, the initial accusations against Spacey received massive media attention.

这是Unruh在新闻发布会上泪流满面地讲述儿子告诉她的遭遇。

This is Unruh at the press conference, tearfully recounting what her son told her had happened.

我儿子当时还未达到法定饮酒年龄。

My son was not of legal age to drink alcohol.

他告诉Kevin Spacey自己已经成年。

He told Kevin Spacey that he was of legal age.

但无论他是否超过21岁，Kevin Spacey都没有权利对他进行性侵犯。

But whether he was over 21 or not, Kevin Spacey had no right to sexually assault him.

根本没有同意。

There was no consent.

当我儿子喝醉时，Spacey趁机对他实施了性侵犯。

And when my son was drunk, Spacey made his move and sexually assaulted him.

Spacey把手伸进我儿子的裤子，抓住了他的生殖器。

Spacey stuck his hand inside my son's pants and grabbed his genitals.

我儿子试图挪动身体以摆脱Spacey的手，但只是暂时成功了。

And my son's efforts to shift his body to remove Spacey's hand were only momentarily successful.

这种侵犯持续着。

The violation continued.

我儿子惊慌了。

My son panicked.

他僵住了。

He froze.

他当时醉了，而Kevin Spacey坚持要带他去一个私人深夜派对，喝更多的酒。

He was intoxicated, and Kevin Spacey was insisting that he come with him to a private after hours party to drink even more.

幸运的是，Kevin Spacey短暂离开去上厕所了。

Fortunately, Kevin Spacey left briefly to use the bathroom.

当他看不见的时候，一位关心的女士迅速来到我深受惊吓的儿子身边，问他是否还好。

And when he was out of sight, a concerned woman quickly came to my very shaken son's side and asked if he was okay.

显然，她看到了一些情况，也知道他并不安全。

Obviously, she had seen something, and she knew that he was not.

她让他快跑，他照做了。

She told him to run, and he did.

安鲁决心要追查此案。

Unruh was determined to pursue the case.

她请来了著名律师米切尔·加拉贝迪安，他因代表受害者起诉波士顿天主教总教区的神职人员性侵案件而声名鹊起。

She enlisted the help of celebrity attorney Mitchell Garabedian, who rose to prominence representing clerical sex abuse victims against the Catholic archdiocese of Boston.

波士顿。

Boston.

他在获得奥斯卡奖的电影《聚焦》中由演员斯坦利·图奇饰演。

He was played by actor Stanley Tucci in the Oscar winning movie Spotlight.

加拉贝迪安以无畏地挑战权势人物著称，同时也为他的客户争取到巨额赔偿。

Garabedian had a reputation for fearlessly taking on the powerful and also for securing significant financial settlements for his clients.

起初，这个案子看起来很有希望。

At first, the case appeared to be strong.

莱特声称自己拥有一段事件发生时的视频，以及发给女友的短信，描述了袭击发生的经过。

Little claimed to have a video of the incident, as well as text messages to his girlfriend describing the assault as it was happening.

这看起来像是一个铁证如山的案子。

It seemed like a slam dunk case.

科德角和岛屿地区的检察官迅速对斯佩西提出一项猥亵攻击和殴打的指控。

The Cape And Islands district attorney quickly charged Spacey with a single count of indecent assault and battery.

但曾在新闻发布会上看似坚不可摧的案件，几乎在刚启动时就彻底崩溃了。

But the case that had looked so strong at a press conference came crashing down almost before it got going.

很快，原告及其家人以及他们看似无可辩驳的证据出现了诸多问题。

Very quickly, it emerged there were problems with the complainant, his family, and their apparently incontrovertible evidence.

非常严重的问题。

Very serious problems.

来自洛杉矶的律师艾伦·杰克逊和伊丽莎白·莱特代表斯佩西处理纳努塞特案。

Los Angeles based lawyers, Alan Jackson and Elizabeth Little, represented Spacey in the Nantucket case.

作为律师，莱特为人低调、严谨，极其注重细节。

As lawyers, Little is quiet and meticulous and incredibly detail oriented.

杰克逊是一个毫不留情的质询者，能够娴熟地在庭上击溃证人。

Jackson is a relentless interrogator who can expertly skewer witnesses on the stand.

他们共同组成了一个强大的辩护团队。

Together, they made a formidable defense team.

杰克逊表示，他们对原告及其家人持怀疑态度，从一开始就认为他们只对金钱感兴趣。

Jackson said they were suspicious of the complainant and his family, believing from the outset that they were only interested in money.

如果你

If your

家里遭了贼，我敢说，我们大多数人不会就这次入室盗窃召开新闻发布会。

house gets burglarized, I doubt seriously, most of us would hold a press conference surrounding that burglary.

你只会去报警，把你知道的一切告诉警察，你只是证人，仅此而已，或者只是受害者，别无其他。

You're just going to go to the police, you're going to tell the police everything that you know, you're a witness and nothing more, or a victim and nothing more.

但在这个案件中，情况非常不同。

In this case it was very different.

我认为伊丽莎白和我都同意，这是一种高度协调、精心策划的情况，明显是为了日后谋取经济利益而设下的局。

I think Elizabeth and I agreed that this was a circumstance that was highly coordinated, highly orchestrated in terms of setting up what was very obviously a pitch for a money play down the road.

他们打算起诉斯派西先生。

They were going to sue Mr.

斯派西。

Spacey.

他们眼中只看到金钱，这正是他们在2017年10月向执法部门提出指控后迅速公开的原因。

They saw dollar signs in their eyes and that was the impetus behind them going public so quickly after they made the allegation to law enforcement in October 2017.

他们想参与更广泛的讨论，探讨如何赚钱？

They wanted to be part of a broader conversation of how do we get money?

我们如何将这些指控变现？

How do we monetize these allegations?

对我们来说，这非常透明，非常明显。

It was very transparent, very obvious to us.

除了案件被公开的方式异常之外，杰克逊和利特尔表示，简单查看控方提供的证据，就能发现这个案件存在严重问题。

On top of the unusual way the case was publicized, Jackson and Little said a cursory look at the evidence presented by the accuser and his family showed there was something seriously wrong with the case.

首先，他们声称拥有性侵视频的说法被证明是可疑的。

First of all, the claim that they had a video of the assault proved to be dubious.

所以很明显，莉莎和我都感到担忧。

So obviously Liza and I are concerned.

那段视频到底是什么鬼东西？

Like, what what the hell is that video?

那到底是什么？

What is that?

当我说到担忧时，意思是我們想知道他们声称拥有的究竟是什么。

When I say concerned, mean we wanted to know what it was that they were claiming they had.

所以我们去寻找那段视频，最终拿到了视频。

So we sought that video, ultimately got the video.

视频大概有多长？

It was about how many seconds?

一秒钟半？

One and a half?

一秒钟半。

One and a half seconds.

也许只有一秒半，短短不到两秒，镜头对着一个拥挤俱乐部里有人腰际的手机。

Maybe one and a half seconds, literally less than two seconds long of a phone down at the waistline of a crowded club.

你能看到到处都是脚。

You could see there were feet everywhere.

视频里没有显示任何面孔。

The video did not show any faces.

除了前方一个人穿着某种夹克的臀部，以及据称是威尔·利特尔把手机放在自己腰际外，视频几乎什么都没拍到。

It did not show basically anything except the rear end of the person in front wearing some sort of a jacket and supposedly Will Little holding the phone down by his own waist.

视频只显示了一只手，他声称那是凯文的手，正伸到他身后，就像你在拥挤的房间里穿行时，可能会伸手去抓身后人的手臂或手，以引导对方，类似这样的动作。

And it showed one hand, which he claimed to be Kevin's hand, reaching behind him as if you'd reach, if you're going to make your way through a crowded room, you might reach behind you to grab the arm of the person behind you to guide them or the hand of the person behind you to guide them, something of that nature.

就这些了。

That was it.

请记住，大约一秒半，视频就是这么长。

And keep in mind, about a second and a half, it was as long as that to that.

视频大概就是这么长。

That's about how long the video was.

它什么都没显示。

It showed exactly nothing.

它在任何方面都不具有指控性。

It was not inculpatory in any way, shape, form or fashion.

它也不具有免责性。

It also wasn't exculpatory.

它毫无意义。

It a non entity.

它什么也不是。

It was nothing.

还有那些短信。

And then there were those texts.

它们本应是袭击过程的实时记录。

They were supposed to be a real time record of the assault.

伊丽莎白·利特尔。

Elizabeth Little.

我们收到的第一份警方报告非常模糊。

So the very, very first police report that we received, it was very vague in nature.

这些是一些笼统的指控，而且小先生。

There were these general allegations and Mr.

小先生顺便提了一句：哦，对了，我那天晚上给朋友们发了短信，讲了发生的事。

Little actually just mentioned offhand, Oh, by the way, I texted my friends about what happened that night.

当我们实际收到他提供给执法部门的短信时，发现这些短信缺少某些回复，似乎并不能完整反映他当晚的沟通内容。

When we actually received the messages that he had produced to law enforcement, those were appeared to to be missing certain responses and didn't appear to be a complete representation of the communications that he had that night.

威廉·小先生会不会删除了短信来强化他的指控？

Could William Little have deleted texts to bolster his allegation?

他的说法还有另一个相当明显的问题。

And there was another fairly obvious problem with his story.

莉莎和我坐下来，仔细查看了这些指控以及指控的性质，发现这根本说不通。

Liza and I sat down and looked at the allegations, looked at the nature of of the charges, and determined that this just doesn't make sense.

这怎么可能呢？

Like, how could this be?

他们当时在俱乐部车酒吧，正值旺季，2016年7月，纳苏克岛的夏天。

They're in a at the club car in the height of the season, July 2016, the summer on the island of Nantucket.

那是个拥挤的酒吧。

It's a crowded bar.

那里不是几十个人，而是几百人挤在这个小小的酒吧里。

There's not dozens of people, there's hundreds of people packed into this tiny little bar.

我们都知道这一点。

We knew that.

而指控称，凯文·史派西可能是地球上最知名的人。

And the allegation was Kevin Spacey may be the most recognizable person on the planet.

如果不是，他至少也在前十名之内。

If not, he's certainly in the top 10.

凯文·史派西走进了这个拥挤的酒吧——俱乐部车，在酒吧中央对一个男人动手动脚，却没有任何人目击？

That Kevin Spacey walked into this crowded bar, the club car, and started groping some guy in the middle of the bar and nobody was there to corroborate that?

连一个证人都没有？

Not a single witness?

这些都不合理

None of that

毫无道理。

made sense.

调查提供了一些问题的答案，但也带来了更多疑问。

Discovery provided some answers to their questions, but it also provided more questions.

这些疑问可能意味着法律上的麻烦。

Questions that could mean legal difficulties.

不是对凯文·史派西，而是对威廉·利特尔及其家人。

Not for Kevin Spacey, but for William Little and his family.

有一次，律师们试图获取那部手机，以核对利特尔告诉警方他当晚发送的短信截图。

For once the lawyers had tried to get ahold of the actual phone to compare it to the screenshots of messages Little told police he'd sent that night.

杰克逊和利特尔要求接触这部设备。

Jackson and Little demanded access to the device.

他们希望自己的技术人员检查是否能恢复被删除的内容。

They wanted their technicians to see if they could retrieve the deleted material.

最初，检方告诉他们，不会授予访问权限，因为调查期间剥夺小的手机会给他带来过重负担。

Initially, the prosecution told them they would not grant them access because it would be an undue burden on Little to be deprived of his phone as they examined it.

然后，案件出现了意外的转折。

Then the case took an unexpected turn.

在向法院提出申请后，杰克逊和小终于得到了的不是实际手机，而是警方调查人员完成的下载数据。

After petitioning the court, Jackson and Little finally received not the actual phone, but a download completed by police investigators.

他们发现，未经过滤的消息与最初向警方报案时提供的内容不同。

They saw that the unfiltered messages were different from what was given to the police officers who took the initial complaint.

杰克逊表示，这明显暴露了整个调查的问题。

Jackson said this raised an obvious red flag about the entire investigation.

但这份下载数据中还有更令人感兴趣的地方。

But there was something even more interesting about the download.

这份下载数据本身看起来很可疑。

The download itself looked suspicious.

他们收到的新消息显得不合逻辑，仿佛也被修改过。

The new messages they were given didn't make sense, as if they were also edited.

威廉·利特尔和他的家人是否在试图提供更多被篡改的证据？

Could William Little and his family be trying to present even more tampered evidence?

此外，当我们收到证据材料时，收到了一大批我们认为性质可疑的短信。

Additionally, when we received the discovery, we received a bunch of text messages that we felt appeared suspicious in nature.

因此，我们立即试图弄清楚这些短信为何似乎缺失了某些回复，且看起来并不完整。

And so that's one of the things that we immediately tried to sort of get to the bottom of is what what is the reason that these text messages appear to be missing certain responses, and don't appear to be complete.

结果发现，希瑟·安鲁一直是她儿子手机的编辑负责人。

It turns out that Heather Unruh had been the editor in chief of her son's phone.

她声称自己只删除了令人尴尬的兄弟会风格内容，与案件无关的都没有动过。

She claimed she only deleted embarrassing frat boy style material and nothing relevant to the case.

杰克逊和利特尔要求并获得了举行庭前证据听证会的机会，以弄清究竟发生了什么。

Jackson and Little demanded and were granted an evidentiary pre trial hearing to understand just what had happened.

这次听证会获得了一些媒体报道，但远不如最初的新闻发布会那样受关注。

The hearing received some media coverage, but nothing like the original press conference.

以下是希瑟·安鲁在法庭上接受艾伦·杰克逊质询的实际录音。

This is actual audio of Heather Unruh being questioned in court by Alan Jackson.

我儿子

My son

如果你要猜的话，在交给警员多诺万之前，你从手机上删除了多少条消息、照片、Snapchat、视频之类的？

If you were to guess, how many messages, photographs, Snapchats, videos, whatever did you delete from the phone before handing A lot.

在交给警员多诺万之前？

Before handing it over to trooper Donovan?

没多少。

Not many.

只有几条让我担心的内容，我和威尔谈过，因为作为妈妈，当我看到我儿子做些我觉得他不该做的事时，我会和他沟通。

There were just a couple of things that concerned me that I spoke to Will about because as a mom, when I see my son doing something that I don't think he needs to be doing, I had conversation with him about it.

还有另一个问题。

There was another issue.

他们的律师说，顺便提一下，我们没有拿到手机。

Their lawyer said, by the way, we don't have the phone.

你们，你们警方，从来就没把手机还给我们。

You guys, you, the police, never gave it back to us.

那时警察立刻紧张起来，背靠墙说：等等，等等，等等，稍等一下。

That's when the police bristled, got their back against the wall and said, wait, wait, wait, wait, time out a second.

等等。

Hang on.

我们确实把手机还给你们了。

We did give you that phone.

你们可别把这责任推到我们头上。

You're not gonna lay that on us.

在当时马萨诸塞州最大的案件之一中，丢失了一件关键证据。

A piece of lost evidence on one of the biggest cases in Massachusetts at the time.

我们弄丢了手机。

We lost the phone.

不，我们没有弄丢手机。

No, we didn't lose the phone.

我们把手机还给你们了。

We gave you the phone back.

事实上，这位警官亲自把手机送到了尼克·利特尔手中，交给了威尔·利特尔的父亲。

As a matter of fact, here's the officer who drove it out to Nick Little and handed it to Nick Little, Will Little's father.

希瑟·安鲁在这点上受到了艾伦·杰克逊的猛烈质询。

Heather Unruh faced a blistering cross examination from Alan Jackson on this point.

没有人比我们更想要这部手机。

Nobody wants that phone more than we do.

我不同意这种说法。

Well, I beg to differ.

不。

No.

这部手机对案件至关重要。

It's central to the case.

我们交出它是因为它对案件至关重要，而且没有人比我们更希望找到这部手机。

We turned it over because it was central to the case, and no one wants that phone found more than we do.

你们交出它是因为它对案件至关重要，但那是在你们能够操控手机上的某些内容之后。

You turned it over because it was central to the case after you were able to manipulate certain things on the phone.

对吗？

Correct?

是或不是？

Yes or no?

我删除了几个。嗯，你把这说得好像很阴险似的，但我根本没有那种意图。

I deleted a couple of Well, you're making it sound sinister, and there was no intent on my part.

但那与威廉·利特尔在证人席上所面对的相比，根本算不了什么。

But that was nothing compared to what William Little faced in the witness box.

既然杰克逊已经让安鲁女士在记录中承认了篡改证据，现在是时候看看指控者本人对她干预行为和失踪手机位置究竟知道多少了。

Now that Jackson had Unruh on the record admitting to tampering with evidence, it was time to see what the accuser himself knew about her meddling and the location of the missing phone.

那次证据听证会的关键时刻之一，是威尔·利特尔走上证人席，我最终开始对他进行交叉询问。

One of the central moments of that evidentiary hearing was when Will Little got on the witness stand, and I ultimately started cross examining him.

我逐条指出他的矛盾之处，让他不得不承认，因为他面前就摆着那些数据。

And I walked him through the inconsistencies and had him start to have to admit because he's sitting there with the data in front of him.

是的，那里没有。

Yeah, that's not there.

是的，那里有。

Yeah, that is there.

是的，那里没有。

Yeah, that's not there.

这两件事不可能同时存在，除非有人篡改过。

And these two things can't exist in the same world unless someone has manipulated it.

我问他最关键的问题，说：‘你知道吗？根据马萨诸塞州法律，篡改、删除或更改刑事案件中的证据属于重罪，可判处州监狱监禁？’

I asked him the ultimate question and said, Are you aware that under Massachusetts law it is a felony that carries a state prison sentence for manipulating, deleting or altering evidence in a criminal case?

他回答说，我永远不会忘记，他说：‘我现在知道了。’

And he said, his words were, I'll never forget, he said, I am now.

就在那之后，他援引了第五修正案反对自我归罪的特权，不再回答任何问题。

And it was right after that that he invoked the Fifth Amendment privilege against self incrimination and answered no further questions.

法官下令暂停审理，小李离开法庭去咨询律师该如何继续。

The judge ordered a halt to the proceedings, and Little exited the courtroom to consult a lawyer about how he should proceed.

随后，他们通知法庭，他将援引第五修正案权利，这实际上摧毁了检方针对斯派西的整个案件。

They then informed the court he would invoke his Fifth Amendment right, effectively killing the prosecution's entire case against Spacey.

有趣的是，这一戏剧性时刻没有任何媒体影像或音频记录。

Interestingly, there is no media film or audio of this dramatic moment available.

当案件迎来最戏剧性的一刻时，媒体的摄像机和麦克风却都转开了。

The media's cameras and microphones looked away when the case had its most dramatic moment.

突然间，这个始于公众强烈呼吁正义的案件，却以原告拒绝发言告终，而现实是，面临严重指控的可能不是斯派西，而是他本人。

Suddenly, case that started with a very public cry for justice was ending with the complainant refusing to talk and the reality that he, not Spacey, could be the one facing serious charges.

一周后，杰克逊和利特尔收到了检察官发来的一封邮件。

A week later, Jackson and Little received an email from the prosecutors.

他们就在那一刻输了。

They lost right then.

一切都结束了。

That was done.

事情就此了结。

It was over.

检察官决定需要暂停一下，深呼吸调整一下。

The DA decided they needed to take a beat and take a breath.

当时并没有驳回此案，但在那一两周后，我们收到一封信，称他们将自行申请撤销案件。

Did not dismiss the case at that moment, but within a week or two after that, we got a letter saying that they would be moving to dismiss on their own motion.

加利福尼亚州的案件从一开始就很薄弱，而纳努特岛的案件在受到最轻微的审查时就完全崩溃了。

The California case was weak from the beginning, and the Nantucket case had completely collapsed when put under the slightest of scrutiny.

自拉普首次指控斯派西以来，只有一起案件判定他负有责任。

There has been only one case since Rapp first accused Spacey in which he was found liable.

2022年，一次私人仲裁程序裁定，斯派西及其制作公司因被从该剧开除后违反合同并造成收入损失，需向《纸牌屋》制作方支付3100万美元。

In 2022, a private arbitration process found that Spacey and his production companies had to pay the House of Cards producers $31,000,000 for breach of contract and lost revenue following his firing from the show.

这些程序是保密的，相关记录也被封存。

The proceedings were confidential and the transcripts sealed.

我们甚至不知道提交了哪些证据，也不知道这类案件的具体规则是什么。

We don't even know or the evidence presented or even the exact rules that govern such cases.

在随后的法庭文件中，《纸牌屋》制作方声称，斯派西由于在该剧五个季度中与多位剧组成员的某些行为，多次违反了其合同义务，未能以专业方式并按照MRC的合理指导、规范和政策提供服务。

In a subsequent court filing, the House of Cards producers claimed, quote, that Spacey, as a result of certain conduct in connection with several crew members in each of the five seasons that he starred in, House of Cards, had repeatedly breached his contractual obligations to provide his services in a professional manner and consistent with the MRC's reasonable directions and practices and policies.

斯派西及其团队否认了这些指控，并对仲裁员的裁决提出了上诉。

Spacey and his team responded by denying the allegations and appealed the arbitrator's decision.

这一上诉被驳回了。

That appeal was rejected.

但安东尼·拉普的指控似乎与所有这些都不同。

But Anthony Rapp's allegations seemed different from all of these.

这位指控者并非像加利福尼亚案那样匿名，也不像楠塔基特案那样由未成年人通过家庭成员代为诉讼。

The accuser was not anonymous, as in California, nor an immature frat boy litigating mostly through a family member, as in Nantucket.

拉普是一位拥有非常受人尊敬的职业生涯的同行演员，他提供了详细细节，并有目击者约翰·巴曼为他的部分陈述作证。

Rapp was a fellow actor with a very respectable career who had details and an eyewitness, John Barman, to corroborate parts of his story.

这个故事似乎曾被《BuzzFeed》调查过，其律师、编辑和记者都有职业操守，不会在缺乏确信其真实性的情况下发布此类指控。

The story had also apparently been investigated by BuzzFeed, whose lawyers, editors and reporters had codes of ethics and would not publish such allegations without confidence in their veracity.

但结果证明，关于真相与道德的这些假设在各方面都站不住脚。

But it turned out that this was a case where assumptions about truth and ethics would prove to be ill founded across the board.

但Spacey该如何反击呢？

But how could Spacey fight back?

他面对的是三十年前的指控，而那个时代还没有短信、电子邮件或人人手里的摄像手机。

He was facing thirty year old allegations from an era where there were no text messages, emails or camera phones in everyone's hands.

但就像电影里一样，斯派西的救赎竟来自一个极其意想不到的来源。

But just like the movies, Spacey's redemption was to come from a very unlikely source.

正如电影预告片所说，这是一个你从未料到的转折。

As the movie trailers would say, it was a twist you never saw coming.

斯派西的反击之旅，将他从巴尔的摩一个丑陋而狂风肆虐的储物柜，带到了加利福尼亚阳光明媚的棕榈泉一位极具魅力的男子门前。

Spacey's fight back was a journey that would take him from an ugly, windswept storage locker in Baltimore to the door of an extraordinarily attractive man in sunny Palm Springs, California.

而斯派西需要的是律师，那些不介意为社会弃儿辩护的优秀律师。

And Specy would need lawyers, skilled lawyers who didn't mind representing a social pariah.

这类律师正变得越来越难找。

They're becoming increasingly hard to find.

过去，人们普遍接受这样一个观念：每个人都值得获得良好的法律辩护。

It used to be that there was widespread acceptance that everyone deserves a good legal defense.

这是他们的权利，无论罪行多么恶劣。

It was their right, regardless of how heinous the offense.

这被视为司法体系中不可或缺的一部分。

And it was viewed as an essential part of the justice system.

但我们生活在一个充满变数的时代。

But we live in interesting times.

文明规范正受到冲击。

Civilizational norms are under attack.

2019年，哈佛大学法学院教授兼学院院长罗纳德·沙利文在遭到学生和活动人士抗议后，辞去了哈维·韦恩斯坦法律团队的职务。

In 2019, Harvard Law professor and faculty dean Ronald Sullivan resigned from Harvey Weinstein's legal team after protests by students and activists.

随后，哈佛大学解除了他的院长职务。

Harvard then fired him as a dean.

过去，代理不受欢迎的客户曾是律师职业生涯的加分项。

Representing unpopular clients used to be something that made a lawyer's career.

而现在，这可能会毁掉他们的生计。

Now it could destroy their livelihood.

于是，那些在加州案件中表现卓越的律师——珍妮弗·凯勒和蔡斯·斯科尼克——登上了舞台。

And so enter the lawyers who had done so well in the California case, Jennifer Keller and Chase Skolnick.

我们之前已经听说过他们，但深入了解他们还是很有价值的。

We've heard from them before, but it's worth getting to know them.

我是珍妮弗·凯勒。

I'm Jennifer Keller.

我是一名出庭律师。

I'm a trial lawyer.

我处理各种各样的案件，从白领犯罪到知识产权、保险恶意拒赔、律师执业过失，几乎所有可能上法庭陪审团的案件我都涉猎过。

I try a very wide variety of cases, everything from white collar criminal cases to intellectual property, insurance bad faith, legal malpractice, pretty much anything that might end up in front of a jury.

自从25岁当上助理公设辩护人以来，我已经从事出庭辩护工作整整四十五年了。

And I have been trying cases for the last forty five years since I was 25 years old and started as a new deputy public defender.

我的名字是蔡斯·戈尔尼克。

My name is Chase Golnick.

我是一名出庭律师，也是凯勒安德勒律师事务所的合伙人。

I am a trial attorney and partner at Keller Anderle.

我已经从事出庭律师工作大约二十年了。

I have been a trial attorney for about twenty years now.

我最初在加利福尼亚南区联邦公设辩护人办公室工作。

I started out working at the Federal Public Defender in the Southern District Of California.

然后我去了中央加利福尼亚联邦公设辩护人办公室和纽约东区工作。

Then I went on to work in the Central California Federal Public Defender and the Eastern District Of New York.

六年前，我转到了民事诉讼和私人执业领域。

I moved on to civil practice, private practice, six years ago.

从那以后，我一直为各种个人和公司代理案件。

And I've been trying cases for a variety of individuals and companies since.

两者非常不同，但都是最好的不同。

The two are very different, but in the best ways.

凯勒当诉讼律师的时间，比斯科尼克的年龄还长，而斯科尼克的庭审经验比同龄的大多数律师都多。

Keller has been a trial lawyer for as long as Skolnick has been alive, and Skolnick has had more trial experience than most lawyers his age.

他们都致力于斯科尼克所说的正在消亡的陪审团审判实践。

They're both committed to what Skolnick called the dying practice of jury trials.

大多数刑事案件和民事案件从未进入法庭，因为它们在开庭前就已和解。

Most criminal and civil cases never make it to court because they are settled beforehand.

因此，要找到具有丰富庭审经验的熟练律师并不容易。

So it can be difficult to find experienced, skilled lawyers with significant trial experience.

作为一名联邦公设辩护律师，我接触过各种类型的所有案件。

I saw all life, all forms of cases as a federal public defender.

我处理过一些全国最重要、最严重的案件，包括恐怖主义、有组织犯罪、谋杀和白领犯罪。

I handled some of the most significant and serious cases in the country, including terrorism, organized crime, murder, white collar crime.

只要是联邦案件，无论什么类型，我都处理过。

You name it, if it was a federal case, I handled it.

例如，我曾为被指控参与伊斯兰国、基地组织、雅利安兄弟会、墨西哥黑手党、意大利黑手党的人辩护，你提到的任何犯罪组织，我可能都代表过多名被指控的个人。

For example, I handled and defended people who were accused of terrorism who were part of ISIS, part of Al Qaeda, Aryan Brotherhood, the Mexican Mafia, the Italian Mafia, you name the criminal organization, I probably represented a number of individuals who were charged.

凯勒曾赢得著名的芭比对布atz案，该案最终在2011年判决美泰公司因知识产权纠纷向布atz支付8800万美元。

Keller famously won the Barbie versus Bratz case that ended with Mattel, the creator of Barbie, ordered to pay $88,000,000 to Bratz over an intellectual property dispute in 2011.

她在该案开庭前一周才接手。

She came on a week before that case went to trial.

她如今是一位备受尊敬的辩护律师。

She is now a celebrated defense attorney.

但四十五年前，当她在加利福尼亚州保守的橙县开始担任公设辩护律师时，正值20世纪80年代末犯罪浪潮的尾声，那是一个充满敌意的环境。

But forty five years ago, at the tail end of the '80s crime wave when she started as a public defender in conservative Orange County, California, it was a hostile environment.

这是一份艰难的工作。

It was a difficult job.

现在仍然是，但那时更难。

It still is, but it was even harder then.

事实上，我父母曾经撒谎，告诉别人我是副地区检察官。

And in fact, my parents used to lie and tell people I was a deputy district attorney.

两个办公室都给了我工作机会，但最终我决定，我只是不喜欢伤害别人。

I had been offered a job by both offices, but ultimately I decided that I just didn't like hurting people.

我特别记得有一天，看着一位年轻女性因第二次卖淫罪被判处45天监禁。

And I particularly remember one day watching this young woman being sentenced to forty five days in jail for a second time prostitution offense.

她只是痛哭，因为她将失去公寓、工作和孩子。

And she was just sobbing because she was going to lose her apartment, her job, her child.

她会因为这件事失去一切。

She was going to lose everything over it.

那时她只是在月底走投无路了。

And it was, she had just been desperate at the end of the month.

她没有食物给孩子，所以她去工作了。

She had no food for her child and so she was working.

她当时是一名秘书。

She was working as a secretary.

于是她为了赚25美元买食物而接客，结果被逮捕了。

So she turned a trick to get $25 for food and was arrested.

他们说，再犯是强制判刑，没有裁量余地。

And they said, second time mandatory sentence, no discretion.

你必须去坐牢。

You have to go to jail.

她非常害怕，而且本来就生活在社会边缘。

And she was she was terrified and she was already living on the margins.

我看到这一幕，意识到如果我是那位副地区检察官，我永远无法做出这样的决定。

I saw that and realized that if I were that deputy DA, I would never be able to do that.

我会给她一个减刑协议。

I would cut her a deal.

我会让她认罪轻罪扰乱治安，不判监禁，可能还会被开除。

I would let her plead to disturbing peace and some, you know, no jail and probably be fired.

所以我决定改当副公设辩护人。

So I decided to become a deputy public defender instead.

但那是一段艰难的时期。

But it was, a difficult time.

戈尔尼克和凯勒对陪审团制度充满信心。

Golnick and Keller have great faith in the jury system.

他们作为公设辩护人的经历让他们明白，正义往往最好由公正的陪审团实现，而不是像其他律师或检察官那样通过认罪协商来避免审判。

Their backgrounds as public defenders taught them that very often justice is best served by an impartial jury, not plea deals that other lawyers or prosecutors often use to avoid trials.

大多数律师都害怕上庭，尤其是刑事辩护律师，因为他们觉得胜算渺茫，对吧？

Most attorneys are scared of going to trial, particularly criminal defense attorneys, because they see the odds are stacked against them, right?

但我很早就发现，我的当事人在庭审中最有希望获得成功，因为在量刑和审前动议阶段，他们每一步都处于不利地位。

But I found very early on that I had most success for my clients in trial, because the odds are stacked against them every step of the way at sentencing through pretrial motions.

但唯一能给当事人最好机会的，就是在公正的陪审团面前。

But the one opportunity you can get the best shot for a client is in front of an impartial jury.

所以，如果你能走到这一步，能挺过审前动议并站在陪审团面前，只要你做得对、准备充分，你就获得了最大的胜诉机会。

So if you can get there, if you can make your way through the pretrial motions and get in front of a jury, chances are if you do it right and you prepare properly, you have your best chance for success.

他们的庭审策略必须滴水不漏，团队为此展开了详尽的审前准备工作。

Their trial strategy had to be airtight and the team embarked on extensive pretrial preparation.

韦普提出了民事诉讼，要求赔偿4000万美元。

Wrap had brought forward a civil case seeking $40,000,000 in damages.

尽管 alleged 的袭击事件发生在三十多年前，但拉普仍能对斯佩西提起民事诉讼，因为纽约曾有一段时间取消了儿童性侵案件的诉讼时效限制。

Even though the alleged assault happened over thirty years previously, Rapp was able to bring his civil case against Spacey because for a period of time, New York lifted the statute of limitations for childhood sexual abuse cases.

2019年2月，前州长安德鲁·库默签署了一项‘回顾窗口’法律，该法于8月生效。

In February 2019, former governor Andrew Cuomo signed a look back window law beginning in August.

受害者在2019年8月至2021年8月的24个月窗口期内，无论虐待发生多久以前，都可以提起诉讼。

Victims had a twenty four month window between August 2019 and August 2021 to file claims no matter how long ago the abuse occurred.

我认为回顾性法律是一件糟糕的事。

I think the look back statutes are a terrible thing.

我认为它们损害了被指控者的正当程序权利。

I think they undermine due process for someone who's accused.

因为如果你被指控某件事，而所谓的行为发生在几十年前，这会让你陷入几乎不可能自证清白的境地。

Because if you are accused of something, conduct that allegedly occurred decades ago, it puts you in an almost impossible situation.

因为记忆会消退，证人会去世，几乎不可能获取到能够证明无罪的证据。

Because memories fade, witnesses die, and it's almost impossible to be able to access exonerating exculpatory evidence.

而陪审团只能选择相信指控者。

And the jury is just left believing the accuser.

尤其是在当前这种氛围下，这非常危险，因为每个人都被教导要无条件相信指控者。

And particularly in this climate, it's very dangerous, where everyone is taught to just believe the accusers without question.

我只是觉得这导致了大量不公。

I just think it's leading to a lot of injustice.

它引发了大量虚假指控。

It's leading to a lot of false claims.

当人们知道，只要声称三十五年前在十分钟内发生过什么事，就能获得四千万美元赔偿时，你就会看到大量虚假指控。

When people know that they can say something happened in a ten minute span, thirty five years ago, and get $40,000,000 for it, you're gonna have a lot of false claims.

而且名人成了目标。

And it it celebrities are targets.

我曾经代理过几位名人，有些案件根本没被提起，但他们觉得别无选择，只能向明显的骗子支付赔偿，因为只要指控被提出，他们的职业生涯就会毁掉。

I've I've represented a couple of celebrities, cases that did not get filed, who felt they had no choice but to pay off obvious liars, because if the allegation was even made, they would lose their careers.

由于此案是民事案件而非刑事案件，因此不会涉及监禁。

Since the case was civil and not criminal, no jail time was on the table.

但若被判定承担责任，对斯佩西来说，后果几乎同样毁灭性。

But certainly the consequences for being found liable would have been almost as devastating for Spacey.

一旦背负这样的污名，就再也无法翻身。

There would be no coming back from that kind of scarlet letter.

然而，民事法庭与刑事法庭之间存在明显差异，风险和回报也各不相同。

However, there are distinct differences between civil court and criminal court, with different risks and rewards.

在刑事案件中，陪审团必须确信被告有罪且排除合理怀疑；而在民事案件中，陪审团只需相信证据占优势，即51%的确定性即可。

In a criminal case the jury needs to be convinced beyond a reasonable doubt as to the defendant's guilt, but in a civil trial the jury only needs to be convinced of the preponderance of evidence, a 51% level of certainty.

这对原告来说门槛低得多。

That is a much lower bar for complainants.

不过，在民事案件中，被告在证据获取和发现方面拥有更多权利。

However the defense has more rights to evidence and discovery in a civil case.

因此，凯勒和斯科尔尼克对这些权衡感到有信心。

So Keller and Skolnick were confident in the trade offs.

但他们如何证明三十多年前发生的指控中空间的清白呢？

But how could they prove Spacey's innocence for allegations that took place over thirty years ago?

正是在这一点上，空间成为了一个理想的客户。

This is where Spacey was a dream client.

要削弱拉普的可信度并推翻此案，证据必须藏在巴尔的摩南部一个储物柜里。

The evidence that was to undermine Rapp's credibility and upend the case must be found hidden in a storage locker in Southern Baltimore.

这就是凯文·斯佩西存放物品的地方。

This is where Kevin Spacey had a storage unit.

更准确地说，那是一个像酒店宴会厅一样大的仓储空间。

To be more accurate, it was a storage warehouse the size of a hotel ballroom.

我们见过内部的照片。

We've seen photos of the interior.

它非常庞大。

It's massive.

一个角落里是他多年来继承和收集的家具，而另一个角落则清楚地表明了为什么Spacey需要这整整11000平方英尺的空间。

In one corner is furniture he has inherited and collected over the years, but the other corner makes it apparent why Spacey needs all of its 11,000 square feet.

这里有成百上千个各种形状和大小的箱子，箱子里装的基本上是他一生的文件记录。

There are hundreds and hundreds of boxes of all shapes and sizes, and in those boxes is basically the paperwork that chronicles his life.

这里有信件、照片、剧目单、海报、账单、收据，以及Spacey人生每个十年的各类文件。

There are letters, photos, playbills, posters, bills, receipts, documents from every decade of Specy's life.

安东尼·拉普不可能知道，也 probably从未想过，凯文·斯佩西是个囤积狂。

What Anthony Rapp could not have known and probably never thought about is that Kevin Spacey is a pack rat.

他什么都不会扔。

He keeps everything.

事实上，他是极少数如果被指控三十多年前在某个地方做过某事，可能还能提出合理辩护的人之一。

In reality, he's one of the few people who could maybe mount a reasonable defense if accused of doing something in a particular place over thirty years ago.

这是对Spacey在法庭上描述自己从不丢弃任何东西的习惯的重现。

This is a reenactment of Spacey in court, describing his habit of not throwing anything out.

我保留了我生活中的一切东西。

I had everything from my life.

我保留了几乎所有东西。

I kept sort of everything.

我不是囤积者，但我喜欢保存东西。

I'm not a hoarder, but I save things.

所有东西都在2017年搬到了巴尔的摩。

Everything had been moved to Baltimore in the 2017.

当我从洛杉矶返回巴尔的摩时——抱歉，是三月从洛杉矶回到巴尔的摩后，我开始翻阅那些多年来一直存放在储藏室或我母亲家、从未打开过的箱子。

And when I got back to Los Angeles and sorry, back from Los Angeles in March to Baltimore, I began to go through boxes that had been in storage or been in my mother's house for years and years and years that I hadn't looked at.

但他真的能找到那个特定时期的相关文件吗？

But could he really find documents from that particular period of time?

那么，那些旧文件又如何能证明他无罪，针对的却是一次短暂的性侵指控呢？

And how would documents from then help prove his innocence over allegations of a fleeting sexual assault?

但事情恰恰就是这样发生了。

But that is exactly what happened.

以下是Spacey在法庭上的再次陈述。

Here again is Spacey in court.