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Chauffeur for Tyson Testifies : Trial: She describes boxer’s accuser as being dazed after leaving former champion’s hotel.

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TIMES STAFF WRITER

Prosecutors trying to persuade a jury that former heavyweight champion Mike Tyson is guilty of rape offered two witnesses Saturday who seemed to strengthen their case after they had lost a battle with the judge earlier in the day.

The limousine driver who drove Tyson’s accuser, an 18-year-old Rhode Island woman, back to her hotel after the alleged attack, said the woman entered her limousine and exclaimed: “I don’t believe him . . . who does he think he is?” The chauffeur, Virginia Foster, also said the woman “rushed out (of the hotel) looking frantic, like she was in a state of shock, or dazed. She seemed scared, or disoriented.”

She also said the woman’s hair, which she had remembered as being attractive when she picked her up at her hotel earlier, “was not as neat.”

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Thomas Richardson, the Methodist Hospital emergency room doctor who examined Tyson’s accuser at 2:45 a.m., 24 hours after her encounter with Tyson, said he found two small abrasions during a vaginal examination.

Richardson said such injuries are consistent with forced intercourse. He said he had seen such injuries as a result of consensual sex only twice, but that they occur in up to 30% of rape cases.

James Akin, an Indiana University Medical School gynecologist, also testified about the abrasions. “I have never seen those types of abrasions on a woman following consensual sex,” he said.

Akin, who said he works with women who have had difficulty becoming pregnant, said that he had examined thousands of women hours after they had had intercourse.

The prosecution lost an important but not unexpected ruling Saturday morning when Judge Patricia J. Gifford ruled that other Miss Black America pageant entrants could not be called to testify about Tyson’s sexual misbehavior before the alleged rape.

Chief prosecutor Greg Garrison, in an impassioned plea for permission to present such testimony, called Tyson’s reported behavior “a pattern of misbehavior relevant to this case.” The former champion had reportedly fondled the buttocks and breasts of several other contestants.

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“This man’s sexual conduct in Indianapolis is a fingerprint to this case,” Garrison told Gifford early Saturday, before the jury had been brought into the courtroom.

“Without (such testimony), it will isolate this violent act (the alleged rape) as an anomaly. This man’s sexual conduct never changed, it was seamless.”

For the defense, F. Lane Heard told Gifford that Indiana law was clear on the matter, citing a 1968 Indiana Supreme Court ruling prohibiting introduction of prior, uncharged sexual misbehavior in rape cases.

Retired Marion County Superior Court judge John Tranberg, who is covering the trial for an Indianapolis newspaper, said of Gifford’s ruling:

“It was expected, the law is clear on it, and I think Garrison knows that. Garrison made a good case for presenting it, but I don’t really think he expected the judge to admit it.”

Tyson is charged with four counts: rape, two counts of deviate sexual conduct and criminal confinement. If found guilty on all four counts, he could be sentenced to 63 years in prison. He claims the woman consented to have sex. Foster also described Tyson as “begging, pleading” when calling the Rhode Island woman at her hotel at 1:36 a.m. on the limousine telephone, asking her to come out. The call was made, she said, from the Omni Hotel parking lot.

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“He was pleading to someone, he was saying ‘Please, please . . . I just want to talk to you.’ ”

After the woman came out, Foster drove them and Tyson’s bodyguard, Dale Edwards, one block to Tyson’s hotel, the Canterbury. The woman testified Thursday and Friday that she never saw Edwards in the car.

Foster said she saw no physical contact between the two during the limousine ride, but the accuser said Tyson kissed her on the lips when she entered the vehicle. Foster said that Edwards told her shortly after arriving at the Canterbury that he and Tyson would be leaving Indianapolis soon and would soon need to go to the airport.

Foster said the woman “came rushing out” of the hotel between 3:10 a.m. and 3:15 a.m. on July 19.

After returning the woman to the Omni, she said, she drove Tyson and Edwards at 4:15 a.m. to a house on West 65th St. in Indianapolis, where a friend of Tyson, the singer B. Angie B., was believed to be staying with an aunt.

But the singer was not there, and when it was learned she was at the Holiday Inn, Foster said she told the two men that there was not enough time to go to the Holiday Inn and then get to the airport for a 5:30 a.m. flight.

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