Chmura, Gessert Face Accusers
WAUKESHA, Wis. (AP) _ The girl who accused Mark Chmura of sexually assaulting her testified Tuesday that the Green Bay Packers player summoned her to a bathroom, locked the door and had sex with her on the floor without her consent after a night of drinking at a prom party.
The 17-year-old, a baby sitter for Chmura’s children, testified at his preliminary hearing that she was shocked at what happened and didn’t protest because ``he’s a big guy. The door was locked.″
Chmura, 31, is charged with third-degree sexual assault for allegedly having sex with the girl at the April 9 party, held at the home of his friend and neighbor, Robert Gessert. Gessert, 43, also is charged with third- and fourth-degree sexual assault for allegedly fondling an 18-year-old woman in a hot tub at the same party.
A judge was expected to determine Tuesday whether Chmura and Gessert should be tried on the charges.
The girl testified under questioning from prosecutors that she played a drinking game for about an hour with Chmura and Gessert. She said she was intoxicated.
The girl said she, Chmura and others spent some time in a hot tub outside Gessert’s home in a posh Hartland subdivision.
Later, when she left the hot tub, 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 and began fondling her.
``I was totally shocked,″ she said.
Chmura pulled her down onto the floor and had sex with her, she testified. The girl said she did not say anything during the alleged assault.
Her friends began yelling her name, and the door opened, she said. She said she was flustered and didn’t know what was happening. She said she found a friend and told her they needed to leave.
The girl said when she left the bathroom she was ``totally flustered″ and ``not really knowing what was happening.″
She and the 18-year-old that Gessert is accused of assaulting left the party and later went to a hospital to be examined.
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.
Attorneys for Gessert and Chmura have asked that the charges be dismissed, saying the criminal complaint against both men was filed with irrelevant, salacious details about the party and that neither will get a fair trial anywhere in Wisconsin.
Chmura joined the Packers in 1992 but missed most of last season because of a neck injury.