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Chmura charged Packers tight end faces sexual assault
Posted: Tuesday May 16, 2000 10:55 AM
WAUKESHA, Wis. (AP) -- Green Bay Packers tight end Mark Chmura was charged Monday with third-degree sexual assault for allegedly having sex with his 17-year-old baby sitter, who told police she was too intimidated by him to say no after a night of drinking at a post-prom party. "He is four times my size. What could I do," the girl said, according to a criminal complaint filed Monday. Robert Gessert, the party's host, also was charged with one count of third-degree sexual assault and one count of misdemeanor fourth-degree sexual assault for allegedly fondling an 18-year-old girl. He also was cited for supplying alcohol to minors, according to the complaint. Chmura also was charged with failing to prevent underage drinking, a misdemeanor.
Chmura, 31, and Gessert, 43, appeared in Waukesha County Circuit Court Monday where bond was continued for each defendant. Chmura later told reporters he was "sick" that any charges were filed against him. Gessert's lawyer, Martin Kohler, said his client denies any wrongdoing in the incident. The charges stem from a party held at Gessert's home in an upscale Hartland subdivision early April 9 after Waukesha Catholic Memoorial High School's prom. According to the criminal complaint, when police searched Chmura's home April 10, he spoke the girl's name aloud and said "How could you do this?" Chmura also said he was being targeted because of his status as a Packer, the complaint said.The 17-year-old girl told investigators Gessert and Chmura were "extremely intoxicated" when they arrived at Gessert's home about 3:30 a.m. April 9, the complaint said. Chmura signed autographs, had his picture taken and was "showing off" to boys at the party. He also made phone calls to other Packer players, she said. Chmura lives in the same subdivision as Gessert. The girl said she, the 18-year-old, Chmura and Gessert played a game called the "drinking Ping-Pong," for an hour. Anyone who hit a glass with a Ping-Pong ball could force their opponent to drink.
She said Chmura and Gessert drank straight whiskey. Other teens at the party also were drinking. The girl said Gessert kept filling her glass with vodka and Mountain Dew and she became drunk. After the game, Chmura, Gessert and several teens got into a hot tub outside Gessert's home, the complaint said. The 17-year-old girl told police she got out of the hot tub after a fuse blew and the water cooled. She said she dried off, changed clothes and began walking down a hallway when she saw Chmura standing by the doorway to a bathroom. She followed him after he motioned to her. She said he took her hand and gently pulled her into the bathroom. The girl told police Chmura locked the door, kissed her neck and took off her jeans and underwear. She said she was on the ground in a matter of seconds and Chmura inserted his erect penis inside her vagina. She told police she didn't do or say anything during the alleged assault because she was drunk and in a state of shock. She told police Chmura stopped when her friends pounded on the bathroom door, calling her name. She grabbed her clothes and ran out of the bathroom, she said. She later collapsed in an upstairs bedroom, crying uncontrollably, the complaint said.
The complaint said the girl had known Chmura only briefly because she baby-sat for his children. She said she did not think very highly of him. The complaint also details the 18-year-old woman's accusations against Gessert, whose daughter is friends with the alleged victims. The 18-year-old climbed into the tub in her bra and underwear, the complaint said. She got sick and vomited over the side of the tub. Gessert allegedly told others in the tub the girl would be OK and pulled her onto his lap. The girl told police Gessert inserted his finger in her vagina. He then slipped his hands beneath her bra and fondled her breasts, the complaint said. The girl mouthed "help me" to a friend, the complaint said. Gessert assured everyone the girl was fine and pulled her back down onto his lap. She said she "freaked out," physically separated herself from Gessert and ran inside. Wisconsin law defines third-degree sexual assault as sexual intercourse with someone without that person's consent. It carries a maximum penalty of 10 years in prison and a $10,000 fine. Fourth-degree sexual assault, a misdemeanor, involves nonconsensual sexual contact. It is punishable by up to nine months in prison and a $10,000 fine. In a brief statement at a press conference in Milwaukee Monday, Chmura said the last 30 days have been "hell." "Frankly, I'm sick that the DA's office has charged me in any way," he said. "I'm literally fighting for my life." Chmura said he wanted to continue playing football, but his attorney said the Packers have excused him from this week's camp. Earlier, a solemn Chmura walked into a courtroom jammed with spectators -- including a woman who wore a Packers jersey bearing Chmura's number, 89. His wife, Lynda, held his hand. Chmura simply answered "Yes sir," when a court commissioner asked if he understood the charges against him. Chmura and Gessert were ordered to have no contact with the alleged victims and witnesses named in the complaint. Waukesha County Assistant District Attorney Dennis Kreuger said witnesses have received what he called "intimidating statements." District Attorney Paul Bucher declined to elaborate, although he did say the statements did not come from Chmura or Gessert. Chmura's attorney, Gerald Boyle, said he would file a motion this week to dismiss the complaint or separate Chmura's case from Gessert's. Boyle said he would not negotiate any kind of plea bargain. He blasted Bucher for including "everything but the kitchen sink" in the complaint. He said he didn't know if there was anywhere in Wisconsin where Chmura could get a fair trial. "This case is almost like Dahmer," said Boyle, who defended Milwaukee serial killer Jeffery Dahmer. "Everyone knows about it." Bucher said he included everything in the complaint that was relevant to the accusations. "That's what complaints are supposed to have," he said. Asked if there would be an attempt to negotiate for a reduced charge, Boyle responded strongly. "I'm ruling out negotiations," Boyle said. A three-time Pro Bowler, Chmura missed most of last season with a neck injury. The Packers took tight end Bubba Franks in last month's draft. Boyle said the Packers have excused Chmura from this week's minicamp. Packers general manager Ron Wolf issued a statement Monday saying the team was aware of the charges and was concerned.
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