Indianapolis Recorder, Indianapolis, Marion County, 18 January 1992 — Page 2

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THE MOtANAPOUS WgCOWDER

SATUBOAY, JANUARY It. 19M

SPECIAL REPORT

The State of Indiana vs. Michael Tyson

CREDIBIliy NAY DETERMINE TRIAL'S OUTCOME

“She knows what happened in that room, / know what happened in that room and / know I'm innocent." — Mike Tyson

CONSENT MAY BE AT THE CRUX OF TYSON DEFENSE

Rotto Jones, left, a former Mss Black America, filed a multi-million dollar auK against Tyson following the allegations he raped a Mas Black America contestant. Jones claims Tyson fondled her. (Recorder Photos OEdmund Powell)

By KIM L. HOOPER Staff Writer Indianapolis attorneys agree the Mike Tyson rape trial will be largely decided on the credibility of the alleged victim’s testimony, as well as Tyson’s, when the Jan. 27 scheduled trial begins. Who is more credible, Tyson or the victim? An 18-year-old Miss Black America pageant contestant claims Tyson raped her in his room at the Canterbury Hotel July 19. Tyson, 23, the fomter heavyweight boxing champion, contends that the sex was consensual. A special Marion County grand jury believed there was enough evidence to suggest otherwise and returned a four-count indictment against Tyson Sept. 25. " " Tyson was charged with rapejwo counts of deviate conduct and criminal confinement. If convicted of all charges, he faces a possible 63 years in prison. He has maintained his innocence. “Basically, the situation which occurred was totally ridiculous. I mean, I love women. My mother was a woman. I respect them as well. “But every time I trust one, and get involved with one in a certain way like this, something happens, so I’m confused.” Tyson said last September after entering a plea of not guilty before Marion Superior Court Judge Patricia J. Gifford, Criminal Division, Room 4. Love and respect for women Although Tyson said he has “love and respect" for women, the allegation thathe sexually assaulted a pageant contestant may prove to be his downfall, some attorneys say. A gag order issued by Gifford prevents anyone associated with the case from speaking publicly about the trial. The order was issued in part, so the general public

is not prejudiced through media coverage when jury selection begins. Still, some experts have openly speculated about Tyson’s chances of escaping a prison term. "He’s going to be convicted,” speculated a former deputy prosecutor, not associated with the case, but who asked not to be identified because of the gag order. “The state has the harden of proving Mike Tyson had sex with this young lady, without her consent and with force. I believe that will be proven." “The state has the burden of proving Mike Tyson had sex with this young lady, without her consent and with force. I believe that will be proven,” he said. Henry C. Karlson, law professor at Indiana University-Purdue University at Indianapolis, said the jury will have to determine if the sex act was one of force or consensual. “It has to be proven what took place between 1:30a.m. and 2 a.m. in Mr. Tyson’s room. But the basic issue is who’s more credible? Tyson has one bad thing going for him, he looks guilty.” Credibility wasakey issue raised during the recent William Kennedy Smith rape trial and will likely resurface during the Tyson hearings. Marion County Prosecutor Jeffrey

Modisett has said the celebrity status of both Tyson and Smith is the primary parallel between the two cases. Karlson noted that not much has been revealed about the 18-year-old victim, a resident of Coventry, R. I., by the media, which he said was a plus for the state’s arguments against Tyson. Media coverage cautious In fact, media coverage of the proceedings thus far has been labeled "cautious" by one journalism professor. "The press is trying very hard to be careful not to do or say anything that will prejudice the trial, particularly newspapers,” said Shirley Quate, professor of journalism at IUPUI. The fomter deputy prosecutor agreed. “The disadvantage to Tyson is her age. How much dirt can you find on someone who has only lived 18 years?” The three-member prosecution team includes David Dreyer, Modisett's chief counsel, Deputy Prosecutor Barb Trathen and private attorney J. Gregory Garrison. Dreyer, 37, was named chief counsel of the prosecutor’s office in January 1991. He worited for six years for Legal Services and five years in private practice. Trathen, 43, has more than 14 years experience in criminal jury trials and has been a deputy prosecutor since 1977. Garrison,44, is a fomterMarion County deputy prosecutor who prosecuted capital punishment cases. Currently he provides counsel to 17 Indiana counties in the prosecution of civil forfeiture cases arising out of RICO ordrug cases. Indianapolis attorney Larry Whitney, who worked withGarrison while he was at the prosecutor’s office, says bethinks Garrison will argue his case passionately. See GAG, Page A16

By AUDREY GADZEKPO

Managing Editor

“In the matter of the state of Indiana versus Michael Tyson, we the jury find the defendant...”—

which will it be?

Your guess is as good as any.

alleged victim to the Canterbury Hotel where Tyson was staying could be crucial. The defense would also

have to establish a believable motive.

In this case, Whitney says, the fact that the victim stands to gain a lot of money in a civil suit and the fact that as a beauty pageant contestant, she may well have aspirations of being an actress/enteitainer and there-

One thing is for sure: Indianapolis will be the f ore stands to gain from the publicity, albeit infastage of intense drama when the Tyson trial begins m ous, could help establish motive, on Jan. 27. The Tyson case has all the makings of a Factors working in Tyson's flavor television miniseries — sex, crime and a famous Whitney says there are a few factors that could name. work in Tyson’s favorbesideshis good defenseteam: But the case, which will be argued before Judge B The fact that the aUeged victim went to his hotel Patricia J. Gifford, is every bit real-life and the room at 2 a.m., when the rape is alleged to have allegations being leveled against the ex-heavyweight occurred, especially knowing that he had made sugchampion are as serious as in any other rape case, gestive and lecherous comments to her at their first

The stakes are high. If convicted, Tyson stands to meeting; and

lose more than the purse from his high-prized fight B The fact that she delayed reporting the case for a wi th heavyweight champion Evander Holy field. The day — there could be some inference made that boxer could, if convicted, spend up to 63 years in the reasonable people would report the crime to the penitentiary. His accuser could also file a civil suit police immediately, Whitney argues. And even if seeking monetary damages against Tyson, espe- there are some signs of struggle such as tom clothing, dally if the criminal case is decided in her favor. e tc., Whitney says such evidence is circumstantial—

Tyson has hired top-name lawyers to defend him, the clothing could have been intentionally ripped or including Washington-based attorney Vincent J. ripped prior to her encounter with Tyson. Fuller and prominent Indianapolis attorney James H. What the defense must do

Voyles Jr. A gag order issued by Gifford prevents B Tyson’s people, said Whitney, may want to be Tyson’s attorneys from publicly discussing the case, careful how they handle the aUeged victim. "The lady

The Indianapolis Recorder interviewed India- js young and probably well-schooled in her testi-

napolis attorney Larry Whitney bf the law firm mony,” he says. Unlike in the William Kennedy Coons and Saint to discuss the defense’s case. Smith case, where the accuser was a 30-year-old Whitney worked in the prosecutor’s office prior to divorced mother, Tyson’s accuser is a young and

going into private practice and for more than two pmay 18-year-old.

years was chief counsel to then-Marion County “Some may identify her as a child...the defense Prosecutor Stephen Goldsmith. should not try herdirectiy as in the Willie Smith trial,” Because of the gag order imposed against the says Whitney. He recommends the defense emphaattomeys in the case, however, Whitney’s state- sizethecircumstances—whatledhertocometohis ments or comments are not based on the complete mom late, especially since it is alleged he had made facts available to the actual defense, but only upon advancestowardherbeforeand whyshewaitedaday

media accounts of the case. to report the incident.

Based on this limited knowledge, Whitney said b The defense must show the alleged victim’s the main issue is consensual sex. If the 18-year-old statements to be inconsistent and also show her as less Miss Black America pageant contestant agreed to concerned with the sex act but upset that Tyson have sex with Tyson, no rape occurred, however, if abandoned her and returned to Geveland. she did not agree, then Tyson could be convicted of B The defense must cast doubt on the people she first

rape. Ultimately, Whitney says it boils down to who reported the incident to.

makes a more credible witness: Tyson or the beauty B The defense must not spend much time with the pageant contestant. alleged victim on the stand because the jury may start He said the defense will introduce other eyewit- to sympathize with her if there is a grueling crossness testimony or evidence of any kind that tends to examination. They must get her on, make their point support Tyson’s version of the encounter and pro- and move her quickly off the stand, vide a believable motive, or paints a picture why the B The defense must put Tyson on the stand to state alleged victim would concoct a false story. his case, but must keep a tight rein on his testimony. Following that line of argument, testimony, for He must be made to stick to the facts of the case and example, from the limousine driver who drove the resist making statements about rejecting women.

Such statements could allow the prosecution to question him on his past associations—with his ex-wife, actress Robin Givens, and her mother, and with other women who have brought suits against him for fon-

dling them.

B The defense must present Tyson as a human being who has suffered from these allegations, but must try not to paint him as the victim and her as an evil

perpetrator.

B The defense must present Tyson as a young man who thought the alleged victim wanted to have a sexual encounter with a heavyweight champion of

the world.

B The defense will also have to have a good reason for Tyson leaving town early the next morning following the alleged rape, despite prior commitments to Indiana Black Expo President Charles Williams to visit inmates in the Marion County Jail. And they must also stifle the impact of Tyson’s statement, picked up by a television microphone, saying he ought to have killed tire alleged victim. B The defense must also stress Tyson came forward to testify before the grand jury that of his own volition (he was not required to do to). Selecting a friendly jury This week, 100 regikered voters ova the age of 18 will be picked by computerized random selection as the initial jury pool in the Tyson trial. Tyson’s attorneys filed a motion in Marion Superior Court calling for changes in die process of selecting jurors.

T

Mm Black America contestants came from aH over the country to compete lor the crown during Indiana Black Expo ceiebratlone last July.

Sea TYSON Page Aid

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