Message Boards
Backgroud
The Law
The Law
Documents
 
Updated January 25, 2001, 6:30 p.m. ET
Opening statements tell two different stories of prom party  
photo
Prosecutor Paul Bucher (left) and defense lawyer Gerald Boyle (right) faced off with their opening statements

WAUSHEKA, Wis. — Former Green Bay Packer Mark Chmura had been drinking for hours before assaulting a teenager in the bathroom of a post-prom party, prosecutor Paul Bucher claimed in his opening statement to the jury Thursday morning.

In his powerful speech, Bucher claimed that the 31-year-old defendant had also supplied the alleged victim with alcohol at the party. In a Power Point presentation, Bucher chronicled the events of that evening, constantly reiterating that the accuser was too shocked to scream out for help while she was being assaulted.

He greeted the jury with candor: "Thanks for smiling," he said to the panel of five women and nine men, "because from here on out, you might not be smiling." As Bucher told the panel that they would hear testimony of how Chmura, wearing only a towel, guided his unassuming victim into a bathroom and locked the door behind them, defense lawyer Gerald Boyle buried his face in his hands and rubbed his temples in disgust. Bucher, lowering the pitch of his voice, told the jurors that the 30 to 45 seconds Allison spent in the bathroom with the defendant were, "the longest period of her life."

Boyle quickly made up ground, making several points that cast doubt on Bucher's allegations. Boyle said that the group of six to 10 teens had already been drinking at the party, held in the Hartland home of Chmura's friend Robert Gessert, before Chmura showed up and that he didn't give the kids "one drop."

He also harped on the point that Allison, who had previously babysat for Chmura's two kids, loathed the ex-Packer.

Describing the scene at the Gessert home when Robert Gessert's wife Lynda Gessert announced the arrival of Chmura, Allison allegedly said, "I hate that f***er." When a friend of hers asked her why she hated him, Boyle said Allison's response was that, "he had a baby with a babysitter."

Chmura, who is a hulking 6-foot-5-inch presence in the courtroom, sat expressionless throughout. He faces third-degree sexual assault and child enticement charges for allegedly luring Allison into a residential bathroom at a party and then having sex with her. If convicted, he could face up to 40 years in prison.

As expected, much of the discussion centered on the statements of high school football player Michael Kleber. What Kleber saw, or didn't see, is central in the case. In his initial statement to police, Kleber said he had seen the alleged victim go willingly into the bathroom with a "smile" after he had told her Chmura was changing in the room. He later changed his story, omitting mention of the alleged victim's entrance into the bathroom.

Before opening statements, Circuit Judge Mark Gempeler ruled on a defense motion to suppress Kleber's second statement. The judge said he would allow the second statement because he determined that the teen made statements on his own accord and that because of his large physique could not have been physically intimidated by Bucher, who is of smaller stature.

"If you stack Bucher and Boyle on top of each other, they might weigh in a couple of pounds less then him," Judge Gempeler stated in open court. The defense had alleged the district attorney bullied the boy into changing his statement.

As its first witness this afternoon, the prosecution called an 18-year-old woman named Kim, who says she was sexually assaulted by Robert Gessert, at the same party. The witness is expected to testify that she pounded on the bathroom door (where the alleged victim and Chmura were) and that when she left the room, the alleged victim had a look of "pure panic" on her face.

 

 
Comprehensive case coverage




 
Watch the prosecution's opening statement
Video








 
Watch the defense's opening statement
Video




 
Read the criminal complaint
Hot
Document

 


advertisement
©2001 Courtroom Television Network LLC. All Rights Reserved.
Terms & Privacy Guidelines

Small Court TV Logo