W A U K E S H A, Wis., Jan. 30, 2001 -- The teenager accusing former Green Bay Packer Mark Chmura of sexually assaulting her at a drunken post-prom party said today she disliked him because of the way he treated his wife.
"I disapproved of the way he would just stick her with the kids and come home separately hours later, it was just very disgusting to me," the 18-year-old, who had baby-sat Chmura's children, told defense attorney Gerald Boyle.
The girl also told Boyle she has talked with her friends who have testified and has seen and heard newspaper, radio and television accounts of the trial.
Boyle told Judge Mark Gempeler he favored moving for a mistrial, but Chmura asked him not to make the request. Waukesha County District Attorney Paul Bucher said Gempeler didn't specifically order witnesses not to watch television.
"I believe it's just common sense in any exclusionary order they don't do that," Gempeler said.
Teen Says Chmura Made Flirtatious Comments
The teenager also testified she told others at the party Chmura was "sick."
Boyle asked her why she deemed Chmura worthy of that status. Boyle has contended the teenager did not like Chmura and was lying about the incident.
The teenager said she disliked Chmura because he made suggestive comments to her. She also testified she told another teen at the party she disliked Chmura because she heard he had a child with another baby-sitter.
Boyle asked the teenager if she felt bad about spreading a rumor about Chmura when she didn't know if it was true.
"This was a rumor about someone I strongly disliked and strongly disrespected, so I didn't care how the rumors spread," she replied.
Chmura's accuser says Chmura pulled her into a bathroom, pulled down her pants and had sex with her without her consent. Chmura, 31, has pleaded innocent to third-degree sexual assault and child enticement charges, both felonies. He could face up to 40 years in prison and $20,000 in fines.
The teenager said today the first time she baby-sat for Chmura's children, his wife paid her with a check.
"I was walking out of the house. Mr. Chmura asked who the check was made out to. 'Is it made out to jailbait?"' the teenager quoted Chmura as saying.
She said another time he asked if her legs were any longer since the last time he saw her and once gave a $20 tip because she was cute.
"I think it was disgusting that a married man that old was trying to hit on me with his wife there," Chmura's accuser said today.
Alleged Attack Described
Monday, she told the jury about the April 9 incident at Robert Gessert's home, when she said Chmura called her down the hall, pulled her inside a bathroom and locked the door.
"He started to kiss my neck," she said, sobbing. "It was hazy, it was like it was not happening to me."
She said Chmura groped her breast and pulled down her pants.
"He had his other hand on my back and he pulled me down onto the floor," she told jurors in a Waukesha County courtroom.
"What happened next?" District Attorney Paul Bucher asked.
"He raped me," the 18-year-old girl said.
The teenager, then 17, said she did not yell or try to fight off the 6-foot-5, 250-pound former football player.
"It was like a dream. I didn't know what was going on. I didn't know what to do," she said.
She testified she was only in the bathroom for 45 seconds or a minute, and she quickly put her pants on and opened the door when she heard her friend call her from the other side of the door.
Jurors heard that as the post-prom party at Robert Gessert's Hartland home wound down in the early morning hours of April 9, Chmura stood in the doorway of the bathroom, motioned to the teenager and said "Come here." His accuser said she went over to him because she didn't know what he wanted.
She said she had five or six drinks after she arrived at the party and Chmura showed up drunk with Gessert, his friend.
She said she had played drinking games with Chmura and sat in a hot tub with him and others earlier in the evening.
Defense, Nurse Dispute Exam’s Findings
A nurse who examined the teenager also testified Monday she conducted a 1½ hour examination of the accuser and concluded she was sexually assaulted.
Debra Donovan, a registered nurse at Sinai Samaritan Medical Center in Milwaukee, said she examined Chmura's crying accuser within hours after the party. She said the teenager told her she was concerned about confidentiality.
Asked by Boyle whether she had ever written an examination report that did not support a sexual assault, Donovan responded, "No."
Her report said the teenager told Donovan she was a virgin at the time of the assault.
The teenager had minor abrasions and redness but no major injuries, which is not uncommon in sexual assault cases, Donovan said.
Donovan said the teenager told her Chmura had oral sex with her, something that is not in subsequent police reports. The teenager said Monday that he did not have oral sex with her and she does not recall telling the nurse about that.
An exam showed the teenager's hymen was intact. The hymen is the thin mucous membrane that closes part or sometimes all of the opening of the vagina.
Boyle attempted to show that the hymen's condition suggested sexual assault was less likely, but Donovan disagreed.
Donovan, who said she has performed about 480 sexual assault exams over eight years, said something can penetrate the vagina without disrupting the hymen.
The state rested its case today.
Chmura, a three-time Pro Bowl selection, joined the Packers in 1992 out of Boston College. He appeared in two Super Bowls with Green Bay, but missed most of the 1999 season with a neck injury. The team cut him in June after he was charged.
Another 18-year-old woman at the party has accused Gessert of pulling her onto his lap and putting his hands in her swimsuit.
Gessert has pleaded innocent to one count of second-degree sexual assault and one count of fourth-degree sexual assault. His trial is scheduled for March. If convicted he faces up to 30 years and nine months in prison and up to $20,000 in fines.