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'I was totally shocked' Alleged victim testifies she gave no consent for sex
Posted: Tuesday May 30, 2000 11:23 PM
WAUKESHA, Wis. (AP) -- Mark Chmura was ordered to stand trial on sexual assault charges Tuesday after his 17-year old baby sitter testified the Green Bay Packers' tight end summoned her to a bathroom and had sex with her without her consent after a night of drinking at a post-prom party. The 17-year-old girl testified at the star player's preliminary hearing that she was shocked and didn't protest because "It's a small room and he's a big guy. The door was locked." Chmura, 31, is charged with third-degree sexual assault in the case. Chmura's friend Robert Gessert was the party's host and is Chmura's neighbor. He also was ordered to stand trial on charges of third- and -fourth degree sexual assault for allegedly fondling an 18-year-old woman in a hot tub at the same party April 9.
Chmura bowed his head and put his chin in his hands when the ruling was read after about two hours of testimony from the 17-year-old and 18-year-old. "I believe that a felony was probably committed and it was probably committed by Mr. Chmura," Court Commissioner Gerald Janis said. Chmura denied the charges. "I am here today to tell you I am not guilty," he told reporters. "I look forward to the day when the public hears the rest of the story." The 17-year-old was mostly composed on the witness stand. She kept her eyes locked on Waukesha County District Attorney Paul Bucher throughout most of her testimony. She looked in Chmura's direction only when she was cross-examined by his attorneys. The girl testified under questioning from prosecutors that she played a drinking game on a Ping Pong table for about an hour with Chmura and Gessert. She said she drank vodka mixed with Mountain Dew and whiskey mixed with cola during the game and became drunk. The girl said she, Chmura and others spent some time in a hot tub outside Gessert's home in a posh Hartland subdivision. Later she encountered Chmura outside a bathroom. She testified he called her name and said "come here." "I went over there because he was asking me to come over there," the girl testified. Chmura, wearing a towel, took her arm and led her into the bathroom, she said. "I didn't know what he wanted," she testified. When they got to the bathroom, the girl said Chmura shut and locked the door. He began kissing her neck and fondling her, she said. "I was totally shocked," she said.
Chmura pulled her down on the bathroom floor and had sex with her, she testified. The girl said she did not struggle or say anything during the alleged assault. Friends pounded on the door and the assault ended, she said. The encounter lasted about a minute, she said. She and the 18-year-old found a friend and told her they needed to leave, she said. The girl said when she left the bathroom she was "totally flustered" and "not really knowing what was happening." The 18-year-old testified Tuesday she was outside the bathroom door. "I heard rustling of clothes. The door opened," she said. The 17-year-old "stood there and her eyes filled up with tears." Both left the party and later went to a hospital to be examined. Bridget Boyle, one of Chmura's attorneys, said during cross-examination the 17-year-old's hymen is still intact. The hymen is the thin mucous membrane that closes part or sometimes all of the opening of the vagina.
Bucher immediately stood and objected. He said the condition of the girl's hymen does not indicate whether intercourse happened. The girl, still on the stand, put her face in her hands. Janis continued with testimony. Chmura and Gessert could each face 10 years in prison and $10,000 fines if convicted. Gessert also could get up to nine months in jail and a $10,000 fine if he is convicted of fourth-degree sexual assault. Chmura's wife, Lynda, accompanied him to the hearing, held in a standing-room-only court room. One woman wore a jersey with Chmura's number 89. Another man wore a Packers T-shirt. Gerald Boyle, Chmura's lead attorney, and Martin Kohler, Gessert's attorney, asked Janis to dismiss the charges. They said the criminal complaint charging the men is so filled with lewd details that neither can get a fair trial in Wisconsin. Janis denied the requests. He also denied Boyle's motion to separate the cases. An arraignment for both men was set for June 23. The 6-foot-5 Chmura, nicknamed "Chewy," joined the Packers in 1992 but missed most of last season because of a neck injury. Boyle said Chmura may make an announcement about his future with Green Bay this week. A Packers spokesman did not immediately return a telephone message The Associated Press left Tuesday seeking comment.
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