Judge Bars Evidence on Accuser’s Cocaine Use in Smith Rape Trial

Adding to a recent string of defense defeats, the judge in the William Kennedy Smith rape trial ruled Wednesday she would not allow jurors to hear evidence about the alleged victim’s admitted cocaine use, or that she once was accused of breaking a car antenna to extract revenge.

In a flurry of terse pretrial rulings, Florida Circuit Court Judge Mary Lupo also barred defense lawyers from presenting evidence that prosecution witness Charles Desiderio was under investigation for drug dealing three years ago.

The rulings lengthen an already long list of evidence that Lupo has prohibited the defense from introducing. Together, the rulings will make it more difficult for the defense attorneys to attempt to show the alleged victim as a troubled, promiscuous woman who accused Smith to get revenge for frequent mistreatment by men.

Smith, 31, is accused of raping the 30-year-old Jupiter, Fla., woman at the Kennedy family’s Palm Beach estate in the early morning hours of March 30. Ten days of jury selection have now been concluded, and opening arguments are set to begin Dec. 2.

Under a state law that bars defense lawyers from delving into unrelated details of a sex-crime victim’s background, the judge previously had excluded evidence about the woman’s medical and psychiatric history, or the fact that her 2-year-old daughter was born out of wedlock or her past abortions.

The defense generally will be barred from introducing details of the woman’s sexual history.

The judge has not yet decided whether to admit evidence of abuse or sexual molestation the woman may have suffered as a child.

The prosecution earlier argued that since a blood test showed no evidence the woman had used drugs on the night of the alleged crime, “the only basis to bring up prior use of cocaine is to prejudice her in the eyes of the jury.” In arguing to exclude evidence of an antenna-breaking incident, prosecutor Moira K. Lasch noted that the woman was never charged with a crime.

The defense apparently hoped to use allegations of Desiderio’s drug dealing to impeach him as a witness by proving he had lied.