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Brady Smith charged with rape

By Alexi Chi

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Published: Sunday, April 27, 2008

Updated: Saturday, November 14, 2009

Brady Smith, A&S '10, a junior defensive end for the Boston College men's football team often hailed for his "exceptional athletic ability," had high hopes of playing professional football. But during the early hours of April 19, he allegedly broke into a modular apartment on campus and allegedly raped a fellow student.

In a written statement given to the BC Police, the alleged victim, a senior at BC, reported being awoken in her Mod to Smith standing above her; when she awoke, she realized his hand was down her pants.

"I was awakened to someone standing over my bed touching me in inappropriate ways," she wrote. "Once I realized what was happening, I told him to get the f - out."

As reported by The Boston Globe, Assistant Suffolk District Attorney Megan O'Rourke said, "There was premeditation involved." O'Rourke said Smith made unwanted advances toward the victim earlier in the night at The Kells. Smith proceeded to follow the victim to her home.

O'Rourke said Smith entered the modular apartment through an unlocked rear sliding door. He first entered the bedroom of his former girlfriend - the victim's suitemate - but left upon finding his ex-girlfriend's brother in the room. He then entered the victim's room, where he allegedly raped her.

According to a report filed by the BC Police Department (BCPD), the rape was reported around 4 a.m. on Saturday morning. The suspect, identified as Smith, was contacted by cell phone. He agreed to come to the front door of his location, Vanderslice Hall, after speaking with a police officer.

BCPD officers questioned Smith, in blue jeans and a white T-shirt and with a "strong odor of an alcoholic beverage about him," regarding his whereabouts earlier in the evening. He said that he had been off campus for the majority of the evening, then went to the Mods.

Smith was placed under arrest and was processed at BCPD headquarters; during a search of his person, a Massachusetts driver's license in the name of Austin Giles, BC '09, was found in his wallet. When questioned about the license, Smith said that he took it from Giles. Smith was charged with breaking and entering in the nighttime and rape.

Following his arraignment on Tuesday at the Brighton District Court, Smith was held on $50,000 cash bail.

Philip A. Tracy, Smith's lawyer, argued for a lower bail, citing Smith's lack of a criminal record. The request was rejected, and Smith was ordered to stay away from BC and the accuser. The Smith family declined to comment.

An official statement issued by football coach Jeff Jagodzinski announced that Smith has been permanently dismissed from the team.

Given the seriousness of the incident, the University has issued a summary suspension pending the outcome of the hearing.

"Essentially, the standard operating procedure in situations like this is if we make a determination that the student poses a threat to the community, the student is summarily suspended, pending a final court decision down the road," said Interim Dean for Student Development Paul Chebator. "The case is resolved under the University's jurisdiction once there is a resolution in the court process."

Smith is the fourth member of the BC football team to face criminal charges. Offensive lineman Gosder Cherilus, defensive back DeJuan Tribble, and running back A.J. Brooks preceded Smith in facing charges. Despite these previous incidents - all bar-related altercations - Smith's alleged offense came as a shock.

"This is an unfortunate incident that is uncharacteristic of BC student-athletes," said University Spokesman Jack Dunn. "The University and the football coach have taken swift action in addressing this issue and the University is reaching out to the alleged victim to make sure that she gets the help and support that she needs."

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