ND expels alleged rapists
HELENA PAYNE
News Editor
Notre Dame expelled four former football players allegedly involved in a March 28 rape, University spokesman Dennis Moore confirmed Wednesday.
Senior Donald Dykes, sophomores Lorenzo Crawford and Abram Elam, and Justin Smith, who was taking graduate-level classes while finishing a fifth year of athletic eligibility, were all teammates at one point on the Notre Dame football team.
The University's latest decision is final and came one week after University President Father Edward Malloy reviewed the appeals submitted by the four students after Notre Dame initially expelled the men following an April 25 closed disciplinary hearing with Notre Dame's Office of Residence Life and Housing.
According to Smith's lawyer, Tony Zappia, the University reported the decision to his client Tuesday night.
"I confirmed with him last night that he did receive a telephone call from the University that his appeal has been denied," said Zappia Wednesday.
Smith, who already received a bachelor's degree from the University in 2001, said the decision will affect him the least because he had planned to leave Notre Dame at the end of the year.
"Notre Dame has to do what it has to do," Smith said, adding that he would "still support Notre Dame" and "encourage people to come to school here." Respond-ing to the rumor about offers made to his teammates from other schools, Smith said that the other three students still have options to attend other schools despite the expulsion from Notre Dame.
"They can go anywhere in the country. They have their choice," Smith said.
Still pending, however, is the county decision of whether or not to file charges in response to a 20-year-old female student's claim that the four students gang raped her March 28 at a house on Warrick Street. The case has been under investigation in the prosecutor's office since April 19.
Prosecutor Chris Toth is still interviewing people related to the case, which could delay his decision another week, said Toth's spokesman Randy DeCleene.
"Chris Toth is not going to make a decision on whether or not to charge the individuals until all his questions are answered," DeCleene said.
Crawford's attorney, Ken Cotter, said the evidence will show that his client is not guilty of raping the female student.
"We're hoping the prosecutor will recognize that and not charge in the first place," said Cotter.
Cotter said Crawford returned home immediately after he took his final exams, which will no longer count due to the expulsion. Cotter added that Crawford's mother received a phone call from the University notifying Crawford that his appeal was rejected.
Dykes, who would have graduated this weekend, had a prior incident with the police last summer when he was arrested last July for criminal trespassing. He pleaded guilty to a misdemeanor charge last August and was placed on probation for six months.
DeCleene maintained that the prosecutor's investigation was separate from the Notre Dame disciplinary process.
Dykes' and Elam's attorneys did not return phone calls made by The Observer.
All News Stories for Friday, May 17, 2002
