Smith Attorneys Don’t Want Judge to Disqualify Herself in Rape Case

William Kennedy Smith’s attorneys said Monday that the current judge should remain on the rape case, rejecting prosecutors’ demands that she disqualify herself.

Defense attorneys, contending that the state is “judge-shopping,” criticized a motion filed last Tuesday by lead prosecutor Moira Lasch asking that Palm Beach County Circuit Judge Mary Lupo leave the case.

Prosecutors accused Lupo of a lack of candor about her family’s friendships with attorneys in the case and alleged that she showed bias against the prosecution with her rulings and facial expressions. Lasch accused Lupo of bias for postponing the trial until Jan. 13.

The state motion was supported by an affidavit by the 30-year-old woman who says Smith, a 30-year-old nephew of Sen. Edward M. Kennedy (D-Mass.), raped her on March 30 at his family’s Palm Beach estate.

Lupo has not responded.

Prosecutors had warned that Smith’s attorneys could use the conflicts for a later appeal. Smith’s attorneys said Monday that they had in effect waived an appeal by failing to act on the information months ago.