NEWS
Smith set to enter plea of not guilty
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by Joanna Salmen
Thursday, February 26, 2004
University of Wisconsin football player Dwayne Smith, 19, was released from jail on signature bond Monday after being arrested and charged with second-degree sexual assault. Second-degree sexual assault is classified as with force or the threat of force, without a weapon. Smith plans to appeal his suspension from the team today, his lawyer said.
Smith’s lawyer, Charles Giesen said Wednesday that Smith will appeal the suspension, allowing him to possibly be eligible to begin the 15-practice spring season with the Badgers March 4.
While Smith was released from jail Monday on personal signature bond, Anwar L. Jones, 22, who was arrested on the same charges, remains in custody under cash bail set at $2,000.
Giesen attributes this to Jones’ lack of connection to the community.
“Jones doesn’t have the same strong ties,” Giesen said. He said because his client plays football and is a UW student, the judge was more sympathetic toward Smith.
However, a UW student, who wishes to remain anonymous, said Jones lives in downtown Madison and has many friends in the community.
Giesen also said his client will be entering a plea of not guilty to the court.
“He denies guilt of anything,” Giesen said.
Both Smith and Jones were arrested Sunday night after a 19-year-old Madison woman told police she was assaulted by the two at an apartment on the 600 block of North Frances Saturday night.
According to Lt. Sue Williams, the lead investigator of the case, the victim met one of the suspects at an underage drinking party last Saturday. Later that night, after leaving the party, the victim was assaulted at the apartment on North Frances Street. She was then treated and released from a Madison hospital.
Smith, a sophomore, is the leading rusher for the Badgers. He rushed for nine touchdowns and averaged 65.9 yards per game last season. Smith was valedictorian at his high school in Chicago, an academic all-state honoree and a member of the National Honor Society.
Smith’s arrest follows two other high-profile assaults involving UW athletes, including Smith’s teammate, wide receiver ErnestMason, who was charged with two misdemeanors in December on allegations of disorderly conduct and intimidating a victim. He was suspended for three days but was allowed to play in the Music City Bowl after he appealed.
More recently, basketball player Maurice “Boo” Wade was arrested Feb. 4 after allegedly choking a former girlfriend. He was charged with misdemeanor battery and had his suspension lifted after he appealed, forcing him to miss two games.
According to the UW Student-Athlete Discipline Policy, any athlete “convicted of, charged with or arrested for a violation of the law involving drugs, gambling or violence,” will be suspended from all games and practices.
