By Sam Handlin
Court TV
WAUKESHA, Wis. The girl accusing Mark Chmura of rape wasn’t the only teen he made unwanted advances toward during a post-prom party, testified a friend of the alleged victim. During her testimony Saturday, 19-year-old Molly Lese told the jury that the former Green Bay Packer touched her suggestively while in a hot tub.
"Mr. Chmura put his hand on my inner thigh," said the woman, who later added, "as soon as that happened I crossed my legs and moved away from him." And that wasn’t the first time Chmura had touched her in a way that made her feel uncomfortable, the teen later revealed.
The courtroom crowd, many of them wearing Packers apparel in a show of support for the defendant, witnessed a strong morning of testimony for the prosecution. Unlike the friends who preceded her on the stand, Lese was sober during the party and gave a detailed account of the night’s events.
But in a possible preview of the defense's case next week, defense lawyer Gerald Boyle struck back skillfully during cross-examination, using aspects of Lese's testimony to hint that Allison Chmura’s accuser, who was 17 at the time of the party had been flirting with him all night, and that she might have had ulterior motives for doing so.
Chmura is accused of luring the teen into a bathroom, undressing her, and then raping her. The alleged assault took place at the residence of Robert Gessert, 43, a friend of Chmura’s who brought the former tight end home to make an appearance at a party his teenage daughter was throwing. Gessert himself is accused of sexually assaulting another girl, named Kim, but will be tried separately from Chmura.
Kim's emotional display on the stand Thursday provided more of a spectacle than the calm and collected Lese. But the latter’s testimony may prove more damaging simply because she wasn’t recalling the night’s events through a drunken fog. Lese downed her only drink of the night soon after she arrived at the party, which at that point was a docile affair of teens hanging out in the basement.
The mood changed, however, when Gessert returned home with friend Chmura. Rumors that the former Packer might show up had circulated among the partygoers, Lese said, and when the Milwaukee sports hero arrived, many headed excitedly upstairs to take pictures with him. Especially enamored with Chmura was Michael Kleber, expected to be the defense’s most important witness.
"He was star-struck. He was following him around, talking about him all the time," said Lese of the high school football player.
But this wasn’t just a photo-op, as Lese said she expected. Instead of leaving the bash, Chmura became the life of the party. He came downstairs and initiated a ping-pong drinking game, joking with the teens while guzzling booze. But the teen testified that Chmura’s affection crossed the line.
|
|
Mark Chmura and Molly Lese at the party
|
"He tickled me as I walked by," recalled Lese, adding that Chmura did so two or three times and that he touched her sides, arms and underarms. "It made me uncomfortable."
Lese said this queeziness turned into fright and revulsion after a group of teens, including Allison, Kim and herself, joined the two men in an outdoor hot tub. Gessert later put his hand on her leg, she said, causing her to move away and toward Chmura. After the former Packer also touched her thigh, Lese said she wanted out. But in the meantime, Gessert had moved the heavily inebriated Kim onto his lap.
"I didn’t feel comfortable leaving Kim alone," Lese said. "I kept asking Kim to get out of the hot tub."
Kim did so, allegedly after Gessert had sexually assaulted her. When she saw her friend jump out of the water and head toward the house, Lese followed her, fearing the worst, she testified.
That’s where things got a little complicated for the prosecution. Lese testified that she, Kim and Allison all went into the house, but while she and Kim went straight upstairs to Jamie Gessert’s room, Allison disappeared. Meanwhile, Chmura made for a bathroom on the ground floor.
A few minutes later, Allison came upstairs to change. Although Lese says Kim was “very upset” at the time, Chmura’s alleged victim put on her clothes and went back downstairs without asking any questions. Lese stayed to comfort Kim, but was soon interrupted.
"There was a knock on the bedroom door, and it was Mike Kleber," the teen said. "He said ‘Ally’s in the bathroom with Mark Chmura.’" But Lese didn’t believe Kleber, and said she spent "a minute or two" arguing with him until going downstairs with him and Kim to find out.
|
|
Michael Kleber with a friend at the party
|
"Kim knocked on the door and when there was no response I went downstairs (to the basement) to look for Allie, because I still didn’t believe," Lese said.
By the time she came back upstairs, the bathroom was empty and Allison was upstairs in Jamie’s room. "She was kind of moving around quickly, she wasn’t talkative, her state was different than she normally is," Lese said. "She wasn’t crying, but you could see that her eyes were sort of filling."
Allison later cried tears during a 45-minute car ride home, Lese testified. Lese said that during the drive Allison told her that Chmura lured her into the bathroom by saying, "’Allie come here, there’s something I want to show you.’" According to Lese, Allison also claimed that "it wasn’t consensual, that she didn’t say no but she didn’t say yes."
It seems increasingly likely that Chmura’s defense will revolve around the issue of consent. In a possible preview of next week’s defense case, defense lawyer Boyle never really disputed that the incident occurred during his cross-examination of Lese. Instead, the lawyer seemed determined to get Lese to give reasons why the sex might have been consensual.
Boyle asked Lese a host of questions concerning interactions between Chmura and Allison earlier in the night. The teen acknowledged that when the former Packer first arrived, it was her friend Allison who led the movement to take pictures with him.
Though Lese claimed that a picture was taken of Allison and Chmura, Boyle showed that no such picture was included in the batch of photos taken at the party introduced into evidence by the prosecution. Boyle let the matter rest, with the implication that the picture had been removed because it showed the two having a good time together.
Boyle further implied this by getting Lese to admit that Allison and Chmura were on the same team in the ping pong drinking game later in the night.
"She was talking to Chmura" in a "friendly" manner, she said of her friend. Boyle tried to go further, asking who had set up the teams and how Allison and Chmura had come to be partners, but Lese said she didn’t remember.
The attorney also began to hint at what might be another important element of his client’s defense that Allison did not flirt with, and eventually have sex with, Chmura innocently, but as part of a scheme to extort money from him.
Lese had acknowledged that on several occasions Allison, who used to babysit for Chmura, had expressed an intense dislike for the former Packer.
"He would make comments about her age, ask if she was 18 yet, refer to her as jailbait," Lese had testified.
On cross, Boyle tried to point out how incongruous those sentiments were with her amiable behavior toward him during the party. This seemed intended to support one of the first concessions that Boyle extracted from Lese, that Allison had "talked about suing" Chmura since the incident. Though the teen denied her friend had mentioned "getting rich" from a civil settlement, Lese said Allison had declared "there was a possibility" of a suit.
When Judge Mark Gempeler adjourned court at midday, "possibilities" seemed to linger all around. Soon, however, the case should come into focus: Allison is expected to take the stand Monday, while the defense should open its case the day afterward.
|