Grand Jury May Decide On Prosecution of Smith

WEST PALM BEACH, Fla--A prosecutor said yesterday he may let a grand jury decide whether to charge William Kennedy Smith in an alleged rape on his family's Palm Beach, Fla., estate.

"It's a possibility," said Palm Beach County State Attorney David Bludworth. He would not say why he might take the rape case to the panel, an uncommon move in such a case.

Police have said it may be weeks before they're ready to present their investigation to the prosecutor.

Waiting for Evidence

Bludworth said yesterday he will not decide how to proceed until he has heard all the evidence. He said it could be three more weeks before a decision is made on the allegation by the 29-year-old woman, who lives in nearby Jupiter.

Police have identified Smith, a nephew of Massachusetts Sen. Edward M. Kennedy '54-'56, as the prime suspect.

Grand jury testimony is secret, and turning the case over to the panel of community members could lessen charges of politically motivated handling. Bludworth has denied such charges.

State law only requires that grand juries hear first-degree murder cases; in other investigations, prosecutors decide whether to make charges directly, dismiss cases or go to a grand jury.

Court records indicate that, among unsealed indictments on record, only two sexual battery cases were taken to Palm Beach County grand juries in the last five years.

Bludworth last week asked a judge for a ruling on whether he can prosecute news organizations who have identified the woman.

He said yesterday he may cite public interest against identifying rape victims when he argues before a judge on his petition.

"It might be interesting to say that the citizens of Florida have a paramount concern," Bludworth said.

He said all polls he's seen in the past week indicate high majorities against identifying rape victims. Rape is a crime on the increase, Bludworth said, and he believes identifying victims would deter them from reporting the assault against them.

The name of the woman allegedly attacked at the Kennedy estate was published in The Globe, a supermarket tabloid, and then was reported by NBC News, The New York Times, the Reuters news agency and some other news organizations of varying ethical standards.

The Associated Press has not identified the woman, and does not identify rape victims, except in extraordinary cases.

Bludworth said his own research indicates no past court opinions have shown clearly whether the Florida statute unconstitutionally restricts First Amendment rights.

He predicted arguments in the case will reach the U.S. Supreme Court.