Work in Sports
Making his Mark
Chmura asks judge to throw out sexual assualt charges
Posted: Tuesday May 23, 2000 11:00 AM
WAUKESHA, Wis. (AP) -- An attorney for Mark Chmura asked a judge Friday to throw out a charge accusing the Green Bay Packers tight end of sexually assaulting a 17-year-old girl at a post-prom party.
The charge should be dismissed because the complaint is flawed with too many details, violating Chmura's right to due process, according to the motion filed in Waukesha County Circuit Court by attorney Bridget Boyle.
Chmura, 31, is accused of third-degree sexual assault for allegedly having sex with his 17-year-old baby sitter at the party at his neighbor's home in Hartland. The neighbor, Robert Gessert, 43, is charged with third-degree and fourth-degree sexual assault for allegedly fondling an 18-year-old woman in a hot tub at the party April 9.
In a separate motion Friday, Chmura asked that his case be prosecuted separately from Gessert's.
On Thursday, Gessert's attorney, Martin Kohler, filed documents seeking dismissal of the charges against Gessert.
The 21-page motion compared the criminal complaint to a tabloid story, calling it a "bucket of chum" created to feed the media.
"A criminal complaint was never meant to be a dumping ground for all details surrounding the charged incident," the motion said.
Kohler asked the court to "consider the gravity of a party using our state's criminal process for vendetta and celebrity-slaying."
District Attorney Paul Bucher said the facts are laid out in the criminal complaint.
"Whether you like them or not, you can't change them. We'll be in court defending this case from now until whenever it takes," he told the Milwaukee Journal Sentinel.
Meanwhile, retailers around the state are struggling to move Chmura merchandise.
Sammy Walker, a former Packer defensive back who played with Chmura and is now a manager at Jersey's Plus in Green Bay, said he has discounted Chmura's No. 89 jersey by 45 percent since his arrest.
"If he gets cleared, they'll go back up," Walker said.
He said four or five people have bought jerseys as practical jokes for friends.
Dan Stasierowski, owner of All Pro Sports, a Racine card shop, said sales of Chmura cards have slowed.
"It's just like O.J.," Stasierowski said. "He's worthless now, even though he's in the Hall of Fame. ... It's the same with Chmura."