The lawyer for UW-Madison football running back Dwayne Smith filed a motion Monday asking disclosure of evidence he claims would reveal that the 19-year-old Madison woman who accused Smith of rape performed consensual oral sex on him and Anwar Jones the night of the alleged incident.
Smith, 19, a sophomore, made a brief court appearance Monday. He is scheduled to reappear in court Thursday, though Charles Giesen, his attorney, filed a second motion Monday seeking to postpone the hearing until after the information the defense seeks is released.
Smith and Madison resident Jones, 22, were charged with party-to-a-crime second-degree sexual assault. This follows a criminal complaint that claims Smith raped the woman while Jones watched. Smith was released on signature bond.
According to Giesen, the state is withholding evidence from the defense and he claims the information would be favorable to Smith.
In addition to asking for police and witness reports relating to the claim of consensual oral sex, the motion seeks evidence showing that the woman had sexual intercourse with someone else the day prior to her contact with Smith and Jones.
Giesen would not say why he believes the state has such information, saying, \I can't get into that sort of privileged communications.""
Smith had initially denied sexual contact with the woman but later admitted contact, saying it was consensual. He has been suspended from the football team, but Giesen told WISC-TV3 he believes Smith will be reinstated this week.
