Alleged Victim’s Lawyer Is to Attend Smith Case Proceedings

Attorneys for the woman who alleges she was raped by William Kennedy Smith won the right Monday to be present during all legal proceedings leading up to the trial, scheduled to begin on Aug. 5.

The ruling by Judge Mary Lupo followed arguments by the woman’s attorney, David Roth, that “our client has gone through a substantial amount of pain and torment, more than the normal sexual battery victim goes through.” Prosecutor Moira K. Lasch supported the motion.

Smith, 30, the nephew of Sen. Edward M. Kennedy, (D-Mass.), has pleaded not guilty to the charge of raping the 29-year-old woman after she accompanied him to the Kennedy compound after a night of drinking in Palm Beach on Easter weekend.

Lupo set a July 18 date to decide how much of the alleged victim’s sexual history would be disclosed under provisions of Florida’s rape shield law. Also Monday, Lupo ordered that Smith provide another blood sample for an AIDS test. An earlier sample given by Smith was no longer usable, Roth said. The woman also has been tested for AIDS.

The hourlong hearing was the first appearance in the case of Miami attorney Roy Black, who was named last week to head Smith’s defense team, and it was punctuated by several sharp exchanges between Black and Lasch.

Minutes into the hearing, Lasch made a reference to “the fees Mr. Black charges,” prompting Black to jump to this feet. “Judge, I’m not going to sit here and be insulted by this woman,” he said.

Both the prosecution and Lupo expressed concern that Black would not be ready for trial by Aug. 5. Black said there were up to 100 potential witnesses to interview, and that he had not yet started. While he has not indicated he would try to have the trial moved because of publicity, Black did hint at it.

“Based on my analysis of the publicity, I don’t think it’s possible to pick a jury in this county,” he said.