Smith case will go to trial

Wisconsin tailback and another man are charged with second-degree sexual assault stemming from a Feb. 22 incident.

MADISON, Wis.—Wisconsin running back Dwayne Smith will face trial on charges he raped a 19-year-old woman, a circuit court judge ruled Friday morning.

Following a preliminary hearing to determine probable cause, Dane County Circuit Court judge John C. Albert bound over Smith's case to trial judge James L. Martin.  

Smith, 19, is charged with second-degree sexual assault.

Albert also ruled that the case of Anwar Jones, who is charged with being party to the crime of second-degree sexual assault in the case, will proceed to trial. Motions preceding trial are due by April 15.

Smith appeared in court Friday with his defense attorney, Charles W. Giesen, and sat silently throughout the proceedings. Jones, who is not a football player, also sat in court with his defense attorney, Dennis E. Burke.

Smith's and Jones' accuser took the stand for approximately 90 minutes Friday and was cross-examined by each defense attorney. The accuser was the only witness called to the stand Friday. Included in her testimony:

She initially met Jones, who identified himself to her as "A.J.", at a party in a downtown apartment the night of Feb. 20. She attended another party at the same apartment early on the morning of Feb. 22 where she again encountered Jones. He told her he wanted her to meet someone, but did not say whom, at which point she went to a nearby apartment at 630 N. Francis Street, where she and Jones engaged in consensual kissing in a bedroom.

After 5 to 10 minutes, Smith entered the room and the woman asked him to leave. Instead, Smith sat beside her and said, "this will be the best night of your life." She had not previously met Smith and did not know his name. She responded, "I have no intentions of doing this tonight." For about five minutes, Smith talked about having sexual contact with her, saying, "Come on." She responded, "No, I don't want to do this." Smith forced her to lie down, removed her clothes and raped her while she covered her eyes with her hands and wept, repeatedly asking him to stop. Three or four times Smith said, "just let me finish."

During the assault, Jones stood by the door and watched and at one point said, "let him do it."

At one point two other men, whom the accuser did not recognize, entered the room and cheered on Smith. Jones and Smith told them to leave.

After approximately 20 minutes in the apartment, the woman freed herself and gathered her clothes. Smith and Jones did not attempt to keep her from doing so. Outside the bedroom she asked Jones what Smith's name was and Jones replied, "Mike." The woman returned to the party and told a friend she had been raped.

Following the woman's testimony, Albert cited Jones' alleged misrepresentation of Smith's name as primary to his finding that the charges against Jones could proceed to trial.

Albert also denied a motion Giesen made Friday requesting that Smith's bail orders be amended to permit unintentional contact with the accuser at the Regent Apartments, 1402 Regent Street, where Smith lives. Giesen stated that twice since the alleged assault the woman had visited the Regent Apartments. The prosecutor, Jac G. Heitz, stated that the woman had friends who lived in the building and was unaware that Smith resided there. She had since been informed and had told the prosecution that she understood she should no longer visit the building. Smith is barred by court order from having any direct or indirect contact with his accuser.

Prior to Friday's hearing, Albert reaffirmed a ruling made Tuesday to disallow photo or television images of the accuser. A television cameraman made a request, prior to official proceedings, that such images be allowed if the woman's face was filmed sufficiently out of focus. Audio recordings of her testimony were permitted.

Smith is expected to take part in Wisconsin's spring football practice for the first time Friday afternoon. He was suspended for the first five practices of the spring.

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