In yet another twist of events in the case surrounding University of Wisconsin football player Dwayne Smith, Charles Giesen, Smith’s lawyer, filed a motion suggesting the woman who Smith allegedly raped had consensual oral sex with Smith and Anwar Jones, the man who allegedly watched the rape.
Smith appeared in court Monday, where Court Commissioner Todd Meurer told Smith he could not have any contact with the woman while the case is still open. He granted Smith allowance to travel to Chicago, his hometown, while the case is pending, however only if he notified the court beforehand, according to the Capital Times.
Giesen filed a motion asking for all information involving the case, including police reports and interviews with witnesses, which he believes will establish the fact the woman performed oral sex with both Smith and Jones the night of the alleged rape, according to the Capital Times.
The motion also asked for reports or witness statements stating the woman engaged in intercourse with another man the day before the alleged rape. However, such evidence may not even exist.
According to Lt. Sue Williams, lead investigator of the case, the woman said she had been to a party hosted by UW football players when Jones, 22, lured her back to the apartment of his cousin, UW wide receiver Trevann Hayes, where she was raped by Smith, 19, while Jones looked on.
Both Smith and Jones were arrested the night of Feb. 22 and charged with second-degree sexual assault, which could be penalized with a maximum 40-year prison sentence.
Smith originally said he was at the apartment when the woman was there but told Detective Marion Morgan he went to the bedroom to get his coat and only saw her naked in the bed with Jones.
He later admitted to touching the woman, whose name he said he did not know, and then finally told the police he asked Jones for a condom which Jones got for him.
Giesen originally stated his client, “denies guilt of anything.” However, he has been unavailable for comment since the criminal complaint was released last week.
Smith will appear in court for a preliminary trial scheduled for Thursday.
