Dwayne Smith, the University of Wisconsin running back accused of second degree sexual assault and use of force, will stand trial, the Dane County Circuit Court determined Friday.
Smith, 19, was originally scheduled to appear in court for his preliminary hearing March 4. His lawyer, Charles Giesen, requested a delay to have more time to speak with potential witnesses who attended the party where the alleged rape took place.
Friday’s hearing established there was probable cause for the trial, and an arraignment date will be set for Smith.
When asked Friday whether the delay helped his client’s case, Giesen said, “[It was] inadequate time to prepare for the hearing.”
Giesen said the nature of Friday’s hearing was not conducive to Smith’s defense.
“Because it was [a preliminary hearing] it means that you can’t cross-examine a witness regarding her credibility,” Giesen said.
The 19-year-old woman accusing Smith of rape testified for approximately 90 minutes Friday, though the defense was unable to question her. The alleged victim was the only witness called upon by the prosecuting lawyer, Assistant District Attorney Jac Heitz.
Heitz was unavailable for comment Friday.
The woman contended that on Feb. 20, Smith entered a bedroom she occupied with Anwar Jones, 22, whom she met at a party on N. Frances St. earlier that evening.
According to The Capital Times, the young woman alleged that she asked Smith to leave, but that he instead told her it would be, “the best night of your life.” At this point Jones got up and moved towards the door, while Smith began trying to convince her to have sex with him.
Despite her refusals, the woman said Smith took off her clothes and forced her to have intercourse with him.
“I tried stopping it, but I couldn’t,” the woman testified Friday.
The alleged victim claimed when Smith attempted to turn her over onto her stomach she managed to regain control, and quickly gathered her clothing. She said Smith did not try to stop her as she dressed. Once she returned to the party she informed a friend she had been raped.
Upon the conclusion of Friday’s hearing, Judge Albert determined that there was probable cause on the basis of the woman’s accusations and testimony. An arraignment date has yet to be scheduled for Smith.
Although he will stand trial, Smith’s lawyer said Friday, “Dwayne intends to plead not guilty. [He] is adamant about this.”
Smith was suspended from the UW football team Feb. 23, when the allegations against him first emerged. His suspension was later modified by the Appeals Committee of the UW Student-Athlete Discipline Policy to require that he miss the team’s first five spring practices, which began March 5.
Smith earned a varsity letter for football as a freshman in 2002. He is a member of the National Honor Society and was ranked first academically in his high school class.
