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.
