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Updated January 23, 2001, 9:35 p.m. ET
Chmura jury selected, off to Waukesha  
  
JANESVILLE, Wis. (Court TV) — With snow flurries lightly topping the Rock County Courthouse, a jury of Mark Chmura's peers was selected and put on a bus for Waukesha, where opening statements in the NFL star's sexual abuse trial will begin Thursday.

Circuit Judge Mark Gempeler instructed the panel of nine men and five women — all white — not to discuss any part of the former Green Bay Packer's case, neither when they went home to pack their bags nor while they were together on the bus. Jury selection took place in this town an hour and a half from Waukesha to ensure a less media-tainted jury pool.

The football player is charged with third-degree sexual assault and child enticement for allegedly luring his children's former 17-year-old babysitter into a residential bathroom at a party and then having sex with her. If convicted, he could face up to 40 years in prison.

After a day and a half of questioning, Chmura's defense lawyer Gerald Boyle and District Attorney Paul Bucher finally agreed on the 12 panelists and two alternates, though not without disputes. Bucher used all six of his preemptory strikes to remove white male candidates, causing Boyle to object to what he described as systematic removal of white males from the jury pool.

Bucher countered by noting that the defense removed the only black member of the jury pool. But Boyle asserted that the black woman in question was removed because of her personal objections to alcohol consumption and not because of her race. And besides, Boyle noted, the DA had excused the lone Latino in the jury pool.

When the two attorneys ceased their legal haranguing, the judge instructed the panel about their responsibilities. They are not allowed to read newspapers or watch the news regarding the trial, and if any reporters try to contact them, they must report the infraction to him immediately. The judge also lectured the press members in attendance, saying they are not to contact either lawyer outside the courtroom. After the preliminary hearing, Gempeler had placed Boyle and Bucher under a gag order.

In his chambers, the judge completed voir dire — asking all remaining jurors whether they still felt they could act in an unbiased manner and whether they had any predetermined opinions about Chmura. One juror said he may have formed subconscious opinions, but he would be able to suppress them.

The judge also announced that, before opening testimony Thursday, he would rule on whether to strike a second statement made to police by the accuser's friend, Michael Kleber. A key witness to the events surrounding the after-prom party last April, Kleber made an initial statement to police that the alleged victim (then 17) disregarded his advice not to go into a bathroom where Chmura was changing. The group of teens and two adults had been in a hot tub and Chmura was changing from his briefs back into street clothes. Kleber said the girl "smiled" and went in anyway.

Weeks later, however, Kleber changed his statement after being questioned by prosecutors. The high school boy reportedly was afraid that his comments would get him in trouble with the DA's office and that, as a result, he might be arrested for underage drinking. The prosecution denies any attempts of coercing the teen.

Opening statements are scheduled to begin Thursday morning.

 

 
 


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