ASSAULT CHARGE ON IACENDA DROPPED; JUDGE CITES KEY EVIDENCE WITHHELD BY PROSECUTORS; COMPLAINT COULD BE REFILED.

Byline: Scott Wolf Daily News Staff Writer

A Las Vegas judge dismissed a sexual assault charge against former Hart High School and current USC football player Ted Iacenda on Tuesday, claiming that key evidence had been withheld from a grand jury.

Iacenda, 20, faced one count of sexual assault alleging that he raped a teen-age girl in a Las Vegas hotel room in July, 1996. If convicted of having sexual intercourse with the 17-year-old former Hart student, Iacenda faced a prison sentence of 25 years to life, with the possibility of parole after 10 years.

But Clark County District Court Judge Donald Mosley ruled Tuesday that the district attorney should have informed a grand jury that Iacenda and the alleged victim had a long-term relationship prior to the incident.

Mosley dismissed the charge and canceled the trial, which was scheduled to begin Monday.

``The grand jury was not fully informed about the relationship between Ted and the young lady and I felt they should have been,'' said Stan Hunterton, Iacenda's attorney. ``It means that, for now, this is a great burden off of him.''

Clark County deputy district attorney Teresa Lowry said she had not decided whether she will re-filed charges against Iacenda and return to the grand jury for a possible indictment.

``It doesn't mean the case is over necessarily. It doesn't mean the case was decided on its merit,'' Lowry said. ``It means the state has to go back to square one. The defense felt the grand jury should have heard certain evidence. And the judge agreed with them.''

Mosley stated during Tuesday's hearing that several factors contributed to his decision: He said the grand jury should have known that Iacenda and the alleged victim repeatedly phoned each other before and during their stay in Las Vegas. He said that it also should have been made public that the alleged victim brought a cake to Iacenda's house right before the Las Vegas trip as an attempt to rekindle the relationship.

The judge's ruling was a victory for Iacenda, who started four games at fullback for the Trojans last season.

Iacenda was in Las Vegas on Tuesday and could not be reached for comment.

Iacenda's attorneys filed several other motions, including that two polygraph tests Iacenda passed be admitted as evidence. But the judge only ruled on the grand jury evidence and dismissed the case.

Iacenda, and his father, Andy, celebrated when the judge announced his decision, Lowry said.

``They seemed to be very happy and excited,'' she said. ``I don't think they realized it just meant this round was over, and it was not necessarily the end of the case.''

Iacenda became one of the area's most prolific running backs during his three-year career at Hart.

He led the Indians to the Division II title in 1995 and was a two-time Division II Player of the Year. Iacenda scored a Southern Section-record 99 touchdowns at Hart, and had 604 points in his career, second-most in state history.

He also rushed for more than 4,000 yards, and the Indians were 35-5 during his three years on the varsity.

``As good as he is an athlete, he's an even better citizen,'' Hart coach Mike Herrington said.

Iacenda, who will be a redshirt sophomore at USC next season, recently underwent arthroscopic surgery on both shoulders but is expected to be ready when the Trojans begin spring practice.

CAPTION(S):

Photo

Photo: TED IACENDA

Former Hart High standout is cleared of rape charges as trial is canceled.