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Courtroom showdown
Advocates upset at sparring over physical evidence
Posted: Thursday June 01, 2000 10:30 PM
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Mark Chmura's lawyers introduced graphic testimony critical to the case during Tuesday's hearing. AP |
WAUKESHA, Wis. (AP) -- The defense strategy of Green Bay Packers tight end Mark Chmura has irked advocates for victims of sexual assault.
At a preliminary hearing Tuesday, Chmura's lawyers focused on a lack of physical evidence indicating their client sexually assaulted his 17-year-old baby-sitter at a post-prom party April 9, as the girl contends.
Part of the defense questioning involved the physical condition of her private parts.
She acknowledged under defense questioning that she still has an intact hymen, a thin membrane that covers part or all of the opening to the vagina.
Defense lawyers and other legal experts contacted by the Milwaukee Journal Sentinel said the information likely would be among evidence allowed at trial -- even though medical experts said it wouldn't prove or disprove whether a sexual assault occurred. | Lawmaker proposes banning convicted athletes from state facilities |
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MADISON, Wis. (AP) -- All professional athletes convicted of violent crimes would be banned from playing in Wisconsin sports facilities supported by taxpayer dollars under a bill a state lawmaker proposed Thursday.
Rep. Dave Travis, D-Madison, announced the measure in the midst of sexual assault allegations against Green Bay Packers tight end Mark Chmura. Travis said the bill would apply to all professional athletes and coaches, regardless of what team they play for or what sport they play.
"I think we have to raise the bar and not let these guys think they can get away with anything and have the taxpayers subsidize it. These are supposedly role models for children," Travis said.
Chmura has been charged with third-degree sexual assault for allegedly having sex with his 17-year-old baby-sitter without the girl's consent at a post-prom party April 9. He has said he is innocent.
"Chmura sure got me thinking," said Travis, who plans to introduce the bill when the state Legislature returns in January.
While the proposal currently would cover only professional players and coaches, Travis said he would consider including college athletes in the legislation as well.
The bill would apply to the Milwaukee Brewers Miller Park baseball stadium and potentially to Lambeau Field. The Green Bay Packers are seeking a sales tax increase in Brown County to help pay for renovating the stadium.
The proposal also would prevent convicted athletes from playing at University of Wisconsin System facilities and many minor league baseball stadiums, Travis said.
The Packers released a statement Thursday that did not address the proposal directly, but said the team considers player conduct a "top priority for our sport and for all sports."
The National Football League's newly enacted personal conduct code says players who are convicted of criminal activity can be fined, suspended or thrown out of the league.
The code says criminal and violent behavior "alienates the fans on whom the success of the league depends and has negative and sometimes tragic consequences for both the victim and the perpetrator."
The league did not immediately return a telephone call The Associated Press left Thursday seeking comment on Travis' proposal.
Tony Jewell, a spokesman for Gov. Tommy Thompson, said Travis was "trying to make a point, and it's a valid point."
"Certainly violent crimes among athletes is of great concern," he said.
Jewell said the governor had not decided whether to support the measure, but "if the Legislature wants to get involved in this, more power to them." | | | | |
Howard Eisenberg, dean of the Marquette University Law School, said the information should be considered the same as any other evidence.
"If they find evidence of abrasions or blood or semen, that's introduced to support a crime," he said.
But Erin Thornley, executive director of the Wisconsin Coalition Against Sexual Assault, said the graphic testimony was "completely inappropriate."
"That was a really nasty thing to do with the victim," she said Wednesday. "It's irrelevant. There often are cases where nobody doubts that a sexual assault occurred, but they don't have the evidence."
At the end of the hearing, Chmura, 31, and a friend, Robert Gessert, 43, were ordered to stand trial on third-degree sexual assault and other charges stemming from the party held at Gessert's Hartland home.
The girl said Chmura sexually assaulted her in a bathroom. An 18-year-old woman said Gessert sexually assaulted her while they were in a hot tub.
Lynne Ketchum, associate director for the Waukesha Women's Center Inc., said she was saddened to hear how the 17-year-old was questioned.
"Who would ever want to describe their last gynecological exam in open court?" she asked.
Thornley and Janine Arseneau, clinical social worker coordinator with a Milwaukee center that treats sexual assault victims, said they have received calls from sexual assault victims who said the Chmura case forced them to relive the assaults they suffered, some from as along as 20 years ago.
Chmura told reporters after Tuesday's hearing that he is innocent of the charges against him.
Copyright 2003 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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