Opening Statements Given in Chmura Trial
W A U K E S H A, Wis., Jan. 25, 2001 -- The teenager who accused Mark Chmura ofsexually assaulting her at a party hated the former Green BayPackers star, his defense lawyer said today in openingstatements.
Defense attorney Gerald Boyle said the girl, who baby-satChmura's children, lied about what happened and told differentversions to police, a friend and a nurse.
"Evidence will show [the girl] hated, hated Mr. Chmura," Boylesaid. "She wasn't a normal baby sitter. She told her friends aboutthis hatred."
Waukesha County District Attorney Paul Bucher told jurors theywould hear how Chmura pulled her into a bathroom and sexuallyassaulted her in a matter of seconds.
"She'll say that the defendant gently guided her in, pulled herin, and then after maybe just 30 seconds or a minute, he's kissingher and then she's on the floor," Bucher said.
DA: Chmura Was Extremely Drunk
The girl, now 18, has accused Chmura of leading her into thebathroom during a post-prom drinking party at his friend RobertGessert's home in April and having sex with her without herconsent.
Chmura, 31, has pleaded innocent to third-degree sexual assaultand child enticement, both felonies. He faces up to 40 years inprison and $20,000 in fines if convicted.
Bucher said police will testify that a stunned Chmura toldofficers when they came to his house to arrest him, "They are onlydoing this because of who I am."
He said the evidence will show that Chmura had been drinkingsince noon the day before and was extremely drunk when he arrivedat the party.
Judge Allows Revised Statement
Earlier today, Waukesha County Circuit Judge Mark Gempelerruled that a revised statement by a key witness could be allowedinto evidence during the trial.
Mike Kleber, a high school football player who was at the party,first told police he saw the girl go into the bathroom with a smileon her face. When she emerged, she told him nothing happened. Helater changed his story to say he was drinking and didn't remembermuch.
Boyle said Bucher intimidated Kleber into changing his story,but the judge disagreed.
"I was not of a mind he would be a person easily intimidated.Whatever motivated him to make that second statement, I'm convincedit was not the product of improper governmental conduct," Gempelersaid.
Chmura’s Friend Also Charged
Boyle, who defended serial killer Jeffrey Dahmer, has filednumerous requests to have the case thrown out, contending Chmuracan't get a fair trial anywhere in Wisconsin. Gempeler has deniedthem all.
Chmura joined the Packers in 1992 out of Boston College. He wasa three-time Pro Bowl selection and appeared in two Super Bowlswith Green Bay. He missed most of the 1999 season with a neckinjury and was trying to come back when he was arrested.
The Packers cut him in June after he was charged.
Gessert is accused of fondling another 18-year-old woman at theparty. He has pleaded innocent to one count of second-degree sexualassault and one count of fourth-degree sexual assault.
Gessert's trial is set to begin March 13. If convicted he facesup to 30 years and nine months in prison and up to $20,000 infines.