By Adam Pitluk Court TV
WAUKESHA, Wis. The gloves came off. During a day of heated closing arguments in the Mark
Chmura sexual assault trial, both the district attorney and the defense lawyer came out swinging,
denouncing each other to the jury and lofting personal accusations at one another in the middle of
the Waukesha County Courthouse.
District Attorney Paul Bucher landed the first punch by urging the
jury not to be swayed by the hype surrounding this high-profile case. He was slow coming into the
ring, taking a half hour to thank the jury for their time and patience, for putting their lives on
hold and trekking an hour and a half from neighboring Rock County to listen and scrutinize over 12
days of testimony. Then he supplied a Power Point presentation, outlining the central themes and
issues surrounding the case.
"I'm going to be brief," Bucher told the jurors, who were sitting
ramrod straight and blankfaced. "I'm not going to insult you by going over all the evidence.
There's only one person responsible for us being here today, and that's Mark Chmura."
Chmura is
charged with third-degree sexual assault and enticement of a minor for the events that allegedly occurred at an after-prom party April 9, 2000. He faces up to 40 years in
prison if convicted. His case seemed to strengthen significantly over the past few days since the
defense began its presentation on Wednesday. But on Saturday, as the jury was poised to begin
deliberating, he listened to Bucher tell a packed house that Chmura is a sex offender who preys on
young girls.
"They [Chmura and the alleged victim, 18-year-old Allison] weren't collecting prayer
cards in that bathroom," Bucher screeched, raising the tenor of his voice and making wild facial
expressions. "The witnesses' statements were all consistent on one thing: there is an out-of-control teenage drinking party that the defendant and his cohort Mr. [Robert] Gessert allowed to
occur and contributed to it. The evidence in this case is here for you to consider."
As Bucher sat
down, defense lawyer Gerald Boyle approached the lectern in front of the jury and launched into a
decidedly different closing argument. He didn't thank the jurors for their time, nor did he present
them a set of instructions on how they are to decide the case, as Bucher had. He tossed allegations
and personal attacks at Bucher. And he did one thing he had been reluctant to do since the
beginning of the trial: he called Allison a liar.
Regarding Bucher and this case, he said: "What
kind of baloney was this? And I'm going to go on the attack. I think [Bucher's] conduct with
Michael Kleber was absolutely reprehensible."
It didn't stop there. Boyle worked himself into a frenzy with a stern lecture to the jury on the
facts of the case. Boyle presented three posterboard displays explaining why the ex-Green Bay
Packer should be acquitted on both charges. He first presented a timeline of events, showing
inconsistencies regarding the timing of Allison's account.
Next came an explanation of his
cross-examination of Allison. When questioned by Bucher, Allison broke into tears, recounting the alleged events in the bathroom that night.
"She was faking those tears,"
Boyle said. "She never cried when I asked her those tough questions. She got mad at me."
"It is my
belief," Boyle told the jury, "that she didn't hate him at all. It is my belief that she
was a lot like Michael Kleber, that she wanted to hang with Mark Chmura." Kleber, the defense's
star witness, had been teased by his friends for idolizing Chmura and shadowing the football player during the party.
"She's a fraud," Boyle said matter-of-factly. "And I hate to have to say that."
Boyle's final
presentation was a laundry list of inconsistencies he had found in Allison's testimony. His parting
words to the jurors were, "I hope none of you are mad at me."
Earlier in the day, before the
closings began, Assistant District Attorney Dennis Krueger was rigorously cross-examined by Boyle
about violating a court order instructing him not to watch trial coverage or talk to witnesses
because he was listed as a witness himself by both the state and the defense. He was reported to
have been hanging around in the courthouse media room, watching live Court TV coverage on the
monitor there. He admitted to doing so. And when his testimony was over, he was back in the media
room watching testimony for the remainder of the afternoon.
Finally, at about 7 p.m. Saturday, Judge Mark Gempeler read the jury a long list of instructions, selected two alternates,
and then sent the remaining 12 to the jury room to begin deliberations.
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