Update 2:35 p.m.:
In a statement to HuffPost posted to Twitter, the attorney for “John Doe” confirmed their client’s recent death. She noted that her office informed Spacey’s representatives of the death and their “intent to allow his family more time to get past their immediate, paralyzing grief and begin settling his affairs before we filed a death notice with the court — which is our prerogative as his counsel.”
The statement goes on to state that Spacey “ignored [their] request for compassion and filed the notice yesterday without [their] consent,” because doing so triggers a 90-day countdown at the end of which the court may dismiss the case if “John Doe’s” estate hasn’t yet been substituted in his place.
“Filing the notice yesterday was unnecessary and contemptible,” she continued. “I’m not surprised however, that Spacey prematurely filed the notice in an attempt to gan the advantage of a ticking clock. Mr. Doe’s family must now open his estate at the same time as planning a funeral and processing their grief.”
A massage therapist who anonymously accused actor Kevin Spacey of sexual assault has died, according to reports. His death comes just a month after parties came to a plan to proceed with the suit, The Hollywood Reporter said.
The man, who was suing under the moniker “John Doe,” filed a claim in September 2018 that the former House of Cards actor forced him to grab the actor’s genitals twice during a massage in October 2016. John Doe was hired to perform a massage at a private residence in Malibu. In May of this year, a federal judge in California allowed the case to move forward despite Spacey's objection to the anonymity of the complainant.
Both teams were expecting the case continue to an eventual seven-to-11-day trial until the plaintiff’s attorney informed Spacey’s team that the client “recently passed.” Spacey’s attorneys filed a notice in federal court on Tuesday stating they were notified on Sept. 11, according to Variety.
This now makes the second sexual assault case against Spacey that will likely be dismissed. Charges were recently dropped against him in a Nantucket, Mass. case in which a teenage busboy was the accuser. The prosecutor's case fell apart as the alleged evidence — texts and Snapchat video — came under greater scrutiny, and during questioning, the accuser invoked use of the Fifth Amendment, which Spacey’s defense attorney said compromised the entire case.
As such, the Malibu case represented “the most significant legal situation for Spacey,” said THR. They report that the lawsuit could continue by the heirs of “John Doe,” though his anonymity is still a complication as the heirs would most likely have to identify the deceased accuser.