Chmura Accuser Breaks Down in Tears

Tuesday, January 30th 2001, 12:00 am
By: News On 6

WAUKESHA, Wis. (AP) — The teen-ager accusing Mark Chmura of sexually assaulting her broke down in tears while testifying Monday that the former Green Bay Packers star raped her on a bathroom floor at a drunken post-prom party last April.

The teen-ager, now 18, said Chmura called to her from the bathroom, saying, ``Come here.'' She said she went to the bathroom door because she didn't know what he wanted.

She testified Chmura then pulled her into the bathroom, pushed her against the back of the door, kissed her on the neck and fondled her through her shirt without her consent.

``I didn't know what to do. I was in total shock. I couldn't fight him off,'' the woman said, her voice shaking.

The teen-ager said Chmura then pulled down her pants, pushed her to the floor and raped her.

``It hurt,'' she said, sobbing. ``It was like a dream, almost. I didn't know what to do. I didn't know what to do — it was like it wasn't happening to me.''

The teen, who was 17 at the time, testified she was ``very'' drunk at the time.

The teen-ager, who had baby-sat for Chmura's children, has accused Chmura of having sex with her without her consent during the April 9 party at his friend Robert Gessert's home.

Chmura, 31, has pleaded innocent to third-degree sexual assault and child enticement, both felonies. He could face up to 40 years in prison and $20,000 in fines.

During the teen-ager's testimony, Chmura looked at the witness, his face impassive. Two of his brothers, Matthew and Marshall, also were in court Monday, the fourth day of testimony in the case.

As the teen-ager broke down in tears talking about the assault, the nine men and five women on the jury listened intently.

She did not look at Chmura during her testimony. She will face cross examination Tuesday.

Asked by Waukesha County District Attorney Paul Bucher if she had ever had consensual sex with Chmura, the teen-ager replied, ``Never at any time.''

Chmura's accuser also said earlier Monday she disliked Chmura because his comments about her made her uncomfortable.

``He would refer to me as jailbait. He asked me if my legs had gotten any longer since he'd seen me last,'' the teen said. ``I took offense to that.''

She said she disliked Chmura but did not hate him. Defense attorney Gerald Boyle has said Chmura's accuser was lying about what happened and that she hated Chmura.

``I don't hate anyone but he is about as close to hating someone as I will ever get,'' the teen-ager said.

She also testified she did not know the football star would attend the party, but said she stayed because she had been drinking and had no where else to go.

A nurse who examined the teen-ager also testified Monday she believed the woman was sexually assaulted.

Debra Donovan, a registered nurse at Sinai Samaritan Medical Center in Milwaukee, talked to and examined Chmura's accuser within hours after the party.

``The findings are consistent with what she reported,'' Donovan said she concluded after a 1 1/2 -hour examination. ``I believe she was sexually assaulted.''

Asked by Boyle whether she had ever written an examination report that did not support a sexual assault, Donovan responded, ``No.''

The teen-ager had no major injuries, which is not uncommon in sexual assault cases, Donovan said.

Donovan said the teen-ager told her Chmura had oral sex with her, something Boyle said is not in subsequent police reports.

``I believe there was a miscommunication,'' Donovan said, referring to her records that show there was oral sex.

Bucher has said expects to finish the state's case by Tuesday. Boyle said he expects his case to last until Friday.

Chmura remained impassive throughout Donovan's testimony. Two of his brothers, Matthew and Marshall, also were in court Monday, the fourth day of testimony in the case.

Chmura, a three-time Pro Bowl selection, joined the Packers in 1992. He appeared in two Super Bowls with Green Bay, but missed most of the 1999 season with a neck injury. The team cut him in June after he was charged.