Overview of the William Kennedy Smith Rape Trial

Abstract

Abstract This chapter provides a nontechnical overview of the William Kennedy Smith rape trial relevant to my detailed technical analysis of discursive practice in the ensuing chapters. I hope this will give readers a “feel” for the case and for its major participants, events, and legal strategies.1 Although the trial has been discussed in some detail ill’both print and broadcast media, much reporting of legal strategy of both the prosecution and defense was undeveloped or inaccurately portrayed (e.g.,New York Times April 5, 1991; April 6, 1991; April 17, 1991; December 12, 1991; Knappman 1993; Bly 1996; Andrews 1998). I draw on a lengthy, in-depth interview I conducted with Roy Black, Smith’s defense attorney, to explain legal and linguistic strategy in the case, especially Black’s impressions about critical points in the trial. Although I had hoped to interview prosecutor Moria Lasch as well, she refused my request. Still, although there are doubtless differences between prosecution and defense strategies in rape cases (and, of course, different impressions about the trial itself), I suspect that many of Black’s comments on effective verbal strategies in trial practice apply to both the prosecution and defense.