By Adam Pitluk
Court TV
WAUKESHA, Wis. The mother of the 18-year-old girl who says
NFL star Mark Chmura sexually assaulted her has been banned from the
courtroom, even before testimony in the trial begins.
The decision, made by Circuit Judge Mark Gempeler, may be based in part
on statements she made to the Milwaukee Journal Sentinel. In a
recent interview, she was quoted as saying: "I wouldn't speak to him
[Chmura] or Lynda [Chmura's wife] if they were to drop dead at my feet
having a heart attack. I'd step right over them instead of save them ...
I wanted to shoot him. And we do have a gun in our house. I wanted to
kill him."
Gempeler made the decision during jury selection in the opening day of
the sexual assault trial of the 31-year-old former tight end for the Green Bay
Packers. Chmura is accused of third-degree sexual assault and child
enticement for allegedly luring his children's former babysitter, then
17, into a residential bathroom at a party in April 2000 and then having
sex with her.
The center of the action Tuesday was the Rock County courthouse in
Janesville, Wis., a small town about an hour and a half southwest of
Milwaukee, where jury selection is taking place.
The judge said he wants to have a qualified panel of 26 jurors before
peremptory challenges are exercised. Each lawyer has six peremptory
challenges in this case. The goal is to have 12 jurors and two
alternates by lunchtime Wednesday.
Defense lawyer Gerald Boyle initially requested a change of venue for
the trial, citing Chmura's celebrity football status and the
conservative nature of the community as grounds for jury bias. Instead,
Gempeler decided that the inhabitants of this small town 90 miles from
the scene of the crime are far enough away from the media circus in
Waukesha to be a fair and impartial jury. The jury will be transported
to Waukesha and sequestered throughout the duration of the trial.
Lawyers for both sides have been at each other's throats since the
preliminary hearings. And opening day was no exception. Boyle asked the
judge to tell jurors that despite its seemingly lighter connotation,
child enticement is actually the more severe of the two crimes Chmura
was charged with.
District Attorney Paul Bucher got up in arms at the very suggestion,
saying that would all but telegraph the sentence to the jurors. His reaction is based on the fact that the job
of jurors is to decide the facts in the case. They're not supposed to be
swayed by the length of a potential sentence.
Boyle also asked the judge to tell potential jurors about inaccurate
media reports. Several media outlets, including the hometown newspaper
in Janesville, previously reported that Chmura refused to take a
polygraph. But Boyle says it was his decision, not his client's, not take the test.
Boyle, well known in Wisconsin legal circles for defending serial
murderer Jeffrey Dahmer, claimed that choosing this jury would be more
of a challenge than choosing Dahmer's.
Prior to jury selection, approximately 150 potential jurors filled out a
questionnaire designed to weed out those whom the prosecution and
defense deemed biased. Of those 150, approximately half were excused
before they had to appear in court.
Among the topics being probed by both the prosecution and defense were
three areas that could influence a juror's decision: whether Chmura
being a Packer would affect their decision, whether detailed testimony
of female anatomy and graphic sexual acts would make them squeamish, and
whether they have issues with underage alcohol consumption.
Ninety miles away at the county courthouse in Waukesha the scene
of the trial workers tried to go about their business despite the
plethora of cameras, reporters and satellite trucks. An employee in the
room where jurors filled out questionnaires tried to water a plant while
media personnel turned the place into Wisconsin vs. Chmura Ground Zero.
(The plant was knocked over an hour later). At the adjacent jail, a
squad of jail guards that had just punched out for the day gawked at the
curious (and copious) workhands transforming the dull brown brick
courthouse into a makeshift television studio.
Too much media and not enough news outside the Waukesha
County Courthouse led reporters to interview each other. Sheriff William
Kruziki poked his head around the grounds, meeting media personnel and
giving every reporter a resounding, "No comment."
Testimony will likely start in Waukesha on Thursday. If convicted,
Chmura could face up to 40 years in prison. Pivotal testimony will
likely come from one of the alleged victim's friends, high school
football player Michael Kleber, 17. In his original statement to police,
Kleber said the young girl was about to enter the bathroom Chmura was
changing in. He told her the football player was in there, and she gave
him a "smile" as she went in and shut the door behind her, according to
his original statement.
He later changed his statement, saying the DA's preliminary questioning
frightened him and he was afraid of getting in trouble for underage
drinking at the party.
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