By Rochelle Steinhaus
Court TV
The teenager who accused Mark Chmura of raping her at a prom party withstood a heated cross-examination Tuesday morning in a Waukesha, Wis., courthouse.
The 17-year-old, identified only as Allison, sounded defiant at times when answering questions posed by Gerald Boyle, the lawyer representing the former Green Bay Packer. Chmura faces 40 years in prison if convicted of the alleged April 9 attack.
The young woman, whose face was kept off camera, made no secret of her dislike for the 31-year-old former tight end, admitting she announced at the party before the alleged rape occurred that Chmura was a "sick f***" who fathered an illegitimate child by another former babysitter.
But when prodded by Boyle for specifics, Allison couldn't produce any evidence to substantiate that rumor prompting the defense lawyer to ask the Catholic high school graduate if promoting rumors was the "Christian thing to do."
The witness, however, made her share of stabs at the defendant's morals.
"I disapproved of the fact that he would just stick her with the kids and go out and come home separately. It was just a disgusting situation to me," she said.
Allison said that when she babysat for Chmura's children, the couple would return home only so that his wife, Lynda, could watch their two sons while he headed back out with the guys.
"So your observations about a relationship of two adults who are married and had two children was such that you felt you had a right to make judgments about the people in that marriage?" Boyle asked.
But any effort by the defense to render the teen's opinion insignificant was met with strong defiance.
"I have a right to my opinions, yes," she said.
"It was more than an opinion. It caused you to rise him to level of a sick f***," Boyle said.
"His rising to the level of a sick f*** is my opinion to which I am entitled to," Allison shot back, prompting the defense attorney to move on to another topic.
Boyle further probed her past dealings with Chmura and his wife as their babysitter, even implying that there was a reason that the couple stopped asking her to watch their young sons long before the incident. Allison, however, said the reason was that the Chmuras moved at least 15 minutes away from her and it wasn't worth the drive.
But what hadn't prompted her to stop babysitting, Boyle contended, were comments she claims Chmura made to her, including calling her "jailbait" and asking her if her legs got longer since the last time he'd seen her.
"So it wasn't so offensive to you that you said I don't want to back there because I don't want this guy saying stupid things to me?" Boyle countered. Allison admitted that she did return to Chmura's house again to babysit, when Chmura gave her an extra $20 "just for being cute."
"I just thought it was kind of disgusting that a married man that old would be trying to hit on me, 17 at the time, with his wife there. I thought that was disgusting," she said.
"Is that more disgusting than calling a grown man a sick f***?" Boyle later challenged her.
"No," the girl replied. "I would say it's more disgusting to have a married man hitting on a 17-year-old. That's a little more disgusting."
Allison also admitted that she watched portions of the trial on Court TV and read newspaper reports before testifying which are forbidden, Boyle said, by court order. But the witness said that while she was told not to come to court, she was told nothing about media reports.
The issue was raised out of the presence of the jury by Boyle, who said he was "aghast" that prosecution witnesses had violated the sequestration order, marking the latest battle of words between Boyle and District Attorney Paul Bucher. Boyle cited past cases that were declared mistrials when witnesses admitted to watching Court TV before taking the stand, but said he would not request a mistrial on Chmura's part.
Bucher said the defense's allegations were "once again, a stretch Mr. Boyle and Mr. Chmura," saying that since the court order never specifically mentioned media reports or Court TV, the witnesses violated nothing.
But Judge Mark Gempeler said that it is implicit that witnesses not use other means to listen to trial "any more than they would bug the courtroom," since its purpose is to prevent future witnesses from being influenced by other witnesses' testimony.
Although Gempeler said he would not be inclined to grant a mistrial anyway, Boyle continued to hammer away at the district attorney, calling Bucher's argument "bunk" before Gempeler said the matter was concluded.
Allison's cross-examination is slated to continue Tuesday afternoon, when the defense will use a life-sized model of the bathroom where the girl claims Chmura raped her to recreate the alleged assault.
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