By Rochelle Steinhaus
Court TV
The nurse who determined a teen's condition was "consistent" with her claim that she was sexually assaulted had no place drawing that conclusion, according to a doctor who testified for Mark Chmura's defense.
"It's not your job as a medical professional to come to a conclusion about that part of the exam," said Dr. Joseph Zeccardi, an expert in pediatric emergency medicine, who took the stand as defense lawyer Gerald Boyle began calling witnesses in a Waukesha, Wis., courthouse Wednesday.
Zeccardi's testimony called into question the exam conducted by nurse Deborah Donovan hours after Chmura's former babysitter, a 17-year-old named Allison, was allegedly raped by the former Green Bay Packer at an after-prom party.
Donovan, who testified for the prosecution Monday, said that Allison suffered redness and abrasions in a part of her vaginal area, leading her to conclude that the injuries were consistent with Allison's claim that she had been sexually assaulted.
"I believe she was assaulted," Donovan had testified Monday.
But Zeccardi challenged Donovan's right to draw a conclusion, charging that the purpose of the examiner is to collect information, not evaluate it.
He also said that redness and abrasions in that area are not necessarily indicative of an assault. Contrary to Donovan's testimony, Zeccardi said that clothing could cause such effects.
"How about a wet, ill-fitting bathing suit that is on the woman for a period of time?" Boyle asked him, prompting a confirmation by the witness.
During her testimony, Allison said that before the alleged assault occurred in the bathroom, she went in a hot tub twice wearing a friend's bathing suit.
Zeccardi also said that had the redness or abrasions been caused by forced intercourse, the male would also have experienced injuries to his genitals.
"Both parties would experience pain. Both areas are about equally sensitive," said the bow-tied witness.
But based on a physical exam conducted the day after the alleged April 9, 2000, incident, Chmura showed no signs of any abrasions on his genitals, Zeccardi noted.
Zeccardi also questioned what he saw as a lack of organization by Sinai Samaritan Medical Center's sexual assault treatment center. He said he didn't understand why the center doesn't photograph victims for legal purposes even though it is technologically equipped to do so. He also criticized the report prepared by Donovan as being "a little bit less detailed" than reports he's seen from other centers and said that more swab samples should have been taken.
District Attorney Paul Bucher managed to score a few points on cross-examination by getting Zeccardi to admit that he hasn't conducted such an examination on a child in years. Zeccardi also seemed unaware that his medical license in California was delinquent.
He also said he had never heard of Dr. Carolyn Levitt, a prosecution expert who testified that Allison's condition was consistent with that of a sexual assault victim.
When asked by Bucher if he had ever read any of Levitt's hundreds of articles since she is a nationally known expert in the field, Zeccardi said he might have but he had never heard of her.
"There are people who make a living dealing with things like this. I am not one of them," he said.
Bucher also challenged him on his assessment that an examiner has no right to draw conclusions, but Zeccardi didn't yield.
"Their job is to gather evidence. They are not the judge or the jury. That is not, in this society, how this exam is done," he said.
Taking the stand before Zeccardi was Daniel Maciejewski, a carpenter who built a model of the bathroom where the assault allegedly happened. The defense used the model to attempt to show that the bathroom was too small to hold the 6-foot-5-inch football player and the teenager. Although Allison testified Tuesday that the model seemed much smaller than the actual bathroom, Maciejewski said that, except for the doorway, the model was built to scale.
|