Rape Case Eyewitness Heard No Screams : Crime: A guest said he briefly looked out a Kennedy mansion window and saw two people lying together. Police release 1,500 pages of interviews.

An eyewitness told investigators he heard no screams or other noise when he spotted two persons lying together near the swimming pool where a rape was alleged to have occurred at the Kennedy family mansion here.

The description, released Tuesday by Palm Beach Police with more than 1,500 pages of witness interviews, appears to conflict with the statement by a 29-year-old woman that she screamed as she tried to fight off William Kennedy Smith.

Smith, 30, a nephew of Sen. Edward M. Kennedy (D-Mass.), has been charged with rape and battery of the woman. The woman said the assault occured around 4 a.m. on March 30 after she drove Smith to the mansion from a nightclub where they met.

The eyewitness, Patrick H. Barry, 25, a guest at the mansion that night, told investigators he saw the two persons when he returned from the bathroom on the second floor of the mansion to his bedroom overlooking the pool and glanced out the window for about 10 seconds.

” . . . They just looked like two people either lying next to each other or, you know, one on top of the other,” Barry told Assistant State Atty. Moira Lasch, the prosecutor in the case. “I couldn’t tell, because it was pretty dark.”

Barry, a law student, is the son of William Barry, a former FBI agent and bodyguard for Sen. Robert F. Kennedy. The elder Barry was also at the oceanfront estate along with other Barry family members over the Easter weekend.

In another key interview, Patrick Kennedy, the senator’s 24-year-old son, told investigators that he saw his cousin William Smith crouching beside a car about 2 a.m. talking to the driver, presumably the woman, for about a minute. The car then drove off.

Kennedy said Smith then joined him and they walked back to the mansion. A minute or two after he and Smith returned to the house, Kennedy said the woman appeared, standing in a doorway, and Smith asked her: “Do you want to talk?” The two then entered the den and shut the door behind them.

“The only possible explanation is that she drove out, only to turn around and drive in and let her(self) in . . . ,” Kennedy said.

Kennedy said he thought the woman was a “Fatal Attraction” type, a reference to a recent movie about a crazed woman who stalks the married lover who spurned her. She was “really whacked out,” he claimed, noting that Smith said she had called him “Michael” and demanded to see his driver’s license, presumably to establish that he really was a Kennedy family member.

According to the woman’s version of the events, which police and prosecutors have accepted as truthful, she attempted to hide from Smith in the mansion after the rape took place and he led her into the den for a conversation in which he denied raping her. She also told police that she tried to drive away from the mansion, but had been unable to do so because she was shaking so badly.

The interview statements also contained information that would tend to support her version. For example, Judith Grubman, who lives across the street from the mansion, told of being awakened between 2 a.m. and 4 a.m. by the sound of a man and a woman yelling. Kennedy family members and friends inside the house have denied hearing anything during that time.

The witness interviews also disclosed that the alleged victim admitted to police that she has used cocaine, the most recent occasion at a party here last Dec. 29, three months before the alleged attack.

“She said that she has not been involved with illegal drugs since that time, as she feels a responsibility as a single parent for her daughter,” the Palm Beach Police incident report said.

The woman also told of using cocaine last August after discovering that she was pregnant again by the father of her 2-year-old daughter and electing to have an abortion after a doctor advised her that she faced a bedridden pregnancy.

Lawyers for Smith, who had objected to police releasing only part of the investigative files on grounds it would impair his right to a fair trial, contended their efforts had resulted in more of the files being made public, including some that challenged the alleged victim’s version of events.

The police report also included a statement from Peter N. Burley, an alleged drug pusher, who said the woman was a friend to whom he had sold cocaine on a number of occasions over the last few years.

“It should be noted that much of the information supplied by Burley since his arrest has been independently verified, with very little misinformation or untruths,” the police report said.