Chmura and Neighbor Get Separate Trials

W A U K E S H A, Wis., Sept. 8 -- Former Green Bay Packer Mark Chmura andhis neighbor will be tried separately on sexual assault chargesstemming from a post-prom party at the neighbor’s home last spring, a judge ruled today.

Chmura and his neighbor, Robert Gessert, should be triedseparately because Gessert would be “swept in the undercurrent”of media attention, Waukesha County Circuit Judge Mark Gempelersaid.

“Clearly, there is an unequal distribution of public attentionand media attention as to defendant Chmura and defendant Gessert,”he said.

Chmura, 31, has pleaded innocent to charges of child enticementand third-degree sexual assault after his children’s 17-year-oldbaby sitter accused him of having sex with her without her consentat a post-prom party April 9.

Fair Trial at Issue

Gessert, 43, also has pleaded innocent to second-degree sexualassault and one count of misdemeanor fourth-degree sexual assaultfor allegedly fondling an 18-year-old woman in a hot tub at theparty.

Chmura’s attorney, Gerald Boyle, requested that the cases besplit.

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“There’s no possible way these two men can get a fair trial ifthey are tried together,” Boyle said today.

Chmura and Gessert, who live less than a mile from each other ina Hartland subdivision, both appeared at today’s hearing and shookhands. They were arrested the day after the party, held in theearly morning hours of April 9 after the Waukesha Catholic MemorialHigh School prom.

The 17-year-old girl, who had cared for Chmura’s two youngchildren, said before the assault that she, the 18-year-old woman, Chmura andGessert played drinking games for an hour.

Chmura faces up to 10 years in prison if convicted of the sexualassault charge and up to 30 years if convicted on the enticementcharge. Both counts each also carry a maximum $10,000 fine.

Chmura joined the Packers in 1992 and became one of the NFL’sbest tight ends. He became a starter in 1995 and made the Pro Bowlin 1995, 1997 and 1998. But he missed all but the first two gamesof last season with a neck injury, and the Packers released himJune 5.