European Stars and Stripes (Newspaper) - December 12, 1991, Darmstadt, Hesse                                Page 4 b the stars and stripes thursday december 12,1991 William Kennedy Smith arrives wednesday for another Day in his rape trial at West Palm Beach Fla., accompanied by his Mother Jean Smith his sister Kym and Charles of Byrne a Jesuit seminarian who is a Friend of the family a. Surprise witness takes stand As Smith rape trial nears close West Palm Beach Fla. A the William Kennedy Smith trial moved toward its finale wednesday As the prosecution ended its rebuttal with a Surprise witness whose information the judge called  the defense objected to the testimony of Charles Johnson a landscape Gardener who said he re sodded the Lawn at the Kennedy estate More than a month before Smiths defense expert examined it. Although defense attorney Mark Seiden had argued that the Surprise witness should not be allowed because a this testimony is critical a the judge disagreed. A the court finds the testimony of this witness is trivial a she said acknowledging however that the prosecutor violated discovery rules by failing to notify the defense that Johnson would testify. Johnson told jurors that in october in preparation for the Kennedy family a return to Florida he replaced dead Bermuda grass on the Kennedy Lawn with new Bermuda grass. The area he replaced was where a woman claims she was raped by Smith. Johnson said family members did not have any role in deciding on the replacement of grass and were not in town when it was done. The grass testimony was important because the prosecution maintained that bits of Bermuda grass found in the woman a underwear proved she was raped on the Lawn. The defense disputed it. The stage was set for closing arguments As Johnson left the stand. Earlier wednesday morning prosecutor Moira Lasch called a meteorologist a court administrator and a Telephone company employee in her Effort to rebut portions of Smiths defense. James Perhach the Telephone company employee identified records of Smiths Calls from his Home in Washington to the Kennedy estate in Early april. The meteorologist talked about the wet weather that occurred before the defense did tests on the Kennedy estate Moira Lasch turns from the Bench after being rebuffed by the judge tuesday. Lawn last summer. The rebuttal witnesses presented tuesday included the accusers Mother who testified she had gone to Saks fifth Avenue to buy for her daughter the Blue and Black Bra and Black panties that jurors were shown earlier in the trial. Smith was accompanied to the courthouse wednesday by a Jesuit seminarian Charles of Byrne. Of Byrne was identified As a Friend of Smiths brother and Cousin Timothy Shriver. In 4vi hours on the stand tuesday Smith gave a Calm step by step account that contradicted the woman s tearful testimony last week. Smith described his accuser As an aggressive but disoriented sexual partner. Smith said that after he had sex with the woman he told his Cousin Patrick Kennedy a this woman a a real  Smith painted his accuser As a sexually voracious woman who enticed him into sex twice within a half hour outside his family a Ocean front mansion then accused him of rape. His version prompted Sharp questions from Lasch. A what Are you saying that she raped you or. Smith a she snapped. A absolutely not a Smith said. The 30-year-old woman who lives in Jupiter testified for nearly 10 hours last week. She said Smith tackled her on the Lawn pinned her Down ignored her protests and brutally raped her. Smith 31-year-old Nephew of sen. Edward m. Kennedy d-mass., said that when he and the woman returned to the Kennedy estate after meeting at a bar the woman said a a strange things such As a a in be been Here  he said she also asked to see his identification and called him Michael. Smith said he and the woman went to the Beach and kissed briefly before the woman removed her underpants undid his pants rolled Over on top of him and fondled him until he ejaculated. Smith said he then took a Short swim. When he got out of the water Smith said the woman was on the Lawn where they had sex again. He said the woman a sort of snapped when he called her the name of a former girlfriends a she told me to get the hell off of her and she hit me with her hand a Smith said. Later he said she accused him of rape and told him she would Call the police. Lasch challenged Smiths version As ludicrous and sarcastically asked if his a animal magnetism spurred the woman. A what Are you some kind of sex machine Here a she asked. A defense objection blocked the answer. Smith is charged with sexual Battery and Battery. If convicted he could be sentenced to 4vi years in prison. Smith testified after the prosecutor and Lupo clashed Over limitations placed on Cross examination. The judge ruled out any questions even hinting at three other women a claims that Smith attacked them in the 1980s.gov. Hickel accused of ethics breach Juneau Alaska apr a special prosecutor charged gov. Walter Hickel with violating state ethics Law by promoting a natural Gas pipeline that would Benefit a company he holds Stock in according to papers released tuesday. Hickel dented the charges which could Lead to impeachment hearings in the state Senate. But the 72-year-old governor said he would donate his 12 percent interest in Yukon Pacific corp. To a foundation that will give any profits to Charity. A i have been accused of having a conflict of interest a Hickel . Interior Secretary under president Nixon said in a statement. A i have never in my heart Felt there was such a  he has 20 Days to file a response. Similar to an indictment the seven count formal accusation was filed dec. 2 with the state personnel Board which handles ethics complaints. It was made Public tuesday. If the Board upholds the charges it can Fine him $5,000 for each violation impose criminal penalties and recommend impeachment to the state Senate president. Special prosecutor Joyce e. Bamberger alleges that Hickels 39,507 shares of Yukon Pacific Stock represent a conflict of interest because As governor Hickel can influence actions that might affect the stocks value. The personnel Board hired Bamberger an Anchorage attorney in August to investigate an ethics complaint filed by environmental activist Chip Thoma. A i have instructed my attorneys to begin the process of transferring All of my Yukon Pacific Stock from the Blind Trust to a charitable foundation a Hickel said in the statement. The Stock is potentially Worth hundreds of millions of dollars if the $11 billion pipeline is built. Eric Rehmann the governors spokesman said donating the Stock should negate the ethics  chief defeats mayor in san Francisco san Francisco map former police chief Frank Jordan who tapped voter frustration Over issues ranging from dirty streets to a sagging Economy Defeated incumbent mayor Art Agnos in a Runoff election tuesday. With 93 percent of the vote counted Jordan had 94,681 votes or 52 percent to Agnos 85,393 votes or 47 percent. Measure a a ballot item that would raise the City a sales tax by one Quarter cent to restore programs dropped from Public schools was approved. With 93 percent of the vote counted the margin was 54 percent to 45 percent. About a third of All votes cast were by Absentee ballot said Greg Ridenour administrative manager for the registrar of voters. A other than the �?T88 presidential election its a record a he said after the polls closed. More than 61,500 Absentee ballots were returned and an additional 131,000 voters had been expected to cast votes at the polls the registrar of voters said. About 425,000 people Are registered to vote in the City. A a there a just enough concern Over this one to get people to make that Little extra Effort a Ridenour said. The Runoff Between the two democrats was set up when no candidate won a majority in a nov. 5 primary