Witness: Accuser Flirted With Chmura

W A U K E S H A, Wis., Feb. 1, 2001 -- The teen who accused Mark Chmura of sexualassault flirted with the former Green Bay Packers player at apost-prom party, a high school football player testified today.

Michael Kleber testified today that he watched Chmura'saccuser go willingly into a bathroom where the alleged assault tookplace.

"I said, 'what are you … doing,' or 'don't even think aboutit,'" Kleber said he told Chmura's accuser. "She walked up to thebathroom, turned around, smiled or grinned."

Kleber said she put her hand on the knob, opened the door andwalked in.

Chmura's accuser, a former baby sitter for Chmura's two sons,testified that Chmura pulled her into the bathroom and had sex withher without her consent during the party at the home of his friendRobert Gessert April 9.

Witness Changed Story Twice

Chmura, 31, has pleaded innocent to third-degree sexual assaultand child enticement charges, both felonies. He could face up to 40years in prison and $20,000 in fines.

Kleber, an All-State offensive lineman from Waukesha CatholicMemorial High School, said moments after he told the teenager notto go into the bathroom, he watched her collapse in the basementand asked her what happened.

"She said 'Nothing. I swear on my life. I swear on the HolyBible. I swear on my parents' life. Nothing,'" Kleber quoted theteen as saying.

Kleber told defense attorney Gerald Boyle that during a drinkinggame Chmura's accuser and another teen were flirting with Chmura.He said Chmura kept calling his accuser "Hilary" and she kepttelling him that wasn't her name.

"She was extremely nice," Kleber said.

Kleber also said he could remember everything that happened atthe party even though he had been drinking.

Kleber originally told authorities he saw Chmura's accuser gointo the bathroom with a smile. A month after the party, he changedhis statement and said he didn't see Chmura's accuser go into thebathroom and didn't remember specific conversations or observationsbecause he was drunk. He later said he would testify to the firststatement.

Boyle has said Waukesha District Attorney Paul Bucher pressuredKleber into changing his statement.

Nurse: Inconsistencies Are Rare

The defense opened its case Wednesday by calling Mary Gay, aVirginia nurse certified to interview and examine sex assaultvictims.

Based on her experience and hundreds ofinterviews, she thought it was strange the teen couldn't rememberif the lights were on in the bathroom or what Chmura was wearing.

"It's etched in your mind," Gay said. "The information I wasprivy to has a lot of inconsistencies for a rape case."

The teen has testified she doesn't remember if the lights wereoff or on in the bathroom. She first told police Chmura removedboxer underwear and a dark towel he was wearing before the assaultand kissed her on the mouth. She has since testified she doesn'tknow what he was wearing and he kissed her on the neck.

Gay testified that she was raped in 1984 and remembers everydetail. She said she now instructs nurses how to take narrativesfrom victims.

She said she was surprised Milwaukee nurse Debra Donavon, whoexamined the teen hours after the party, didn't include in herreport the duration of the assault, the time it occurred or adescription of the bathroom. She also said she didn't understandwhy the teen was reluctant to tell the nurse the name of the personwho assaulted her.

"I've never had anyone withhold a name," she said. "Theydon't want to protect the person who just hurt them."

During cross-examination, Bucher asked Gay if she was awarethousands of sexual assault victims react differently.

"You reacted in one fashion, ma'am," he said. "Some don'tknow how to react."

Chmura, a three-time Pro Bowl selection, joined the Packers in1992 out of Boston College. He appeared in two Super Bowls withGreen Bay, but missed most of the 1999 season with a neck injury.The team cut him in June after he was charged.

An 18-year-old woman has accused Gessert of fondling her in ahot tub at the party.

Gessert has pleaded innocent to second-degree sexual assault andfourth-degree sexual assault. His trial is scheduled for March. Ifconvicted he faces up to 30 years and nine months in prison and upto $20,000 in fines.