Sunday, March 2, 2008

DA CHALLENGES CHMURA'S LAWYER
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A prosecutor is challenging Mark Chmura's lawyer to back up claimsthat he has information that would change the public's view on the sexualassault case against the Green Bay Packers player.
``If they have relevant and material information, bring it on and I'll takea look at it,'' Waukesha County District Attorney Paul Bucher said Tuesday.Chmura's lawyer, Gerald Boyle, had said when charges were filed in the caseMonday that he ``would kill for the opportunity to tell'' the public aboutthings he said Bucher left out of the criminal complaint.
``I have no idea what he's referring to. All I know is he's in damagecontrol mode,'' Bucher said.
Boyle retorted Tuesday night that any damage control problem ``was causedby an overly verbose criminal complaint that has poisoned public opinion.''
While his client is presumed innocent unless proven guilty, Boyle said atleast one radio talk show poll had a majority of callers declaring Chmuraguilty. Getting a fair trial will be very difficult with that atmosphere, headded.
Chmura, 31, is charged with third-degree sexual assault for allegedlyhaving sex with a 17-year-old girl in a bathroom at the Hartland home ofneighbor and friend Robert Gessert during a post-prom party the morning ofApril 9. The girl had baby-sat for Chmura's two children.
Gessert, 43, is charged with third-degree sexual assault and fourth-degreesexual assault for allegedly groping an 18-year-old woman in a hot tub at thesame party.
Chmura also was cited for failing to prevent minors from consuming alcohol.Gessert was cited for supplying alcohol to minors.
Boyle has said he planned to file motions this week to dismiss the chargesor separate Chmura's case from that of Gessert.
Gessert's lawyer, Martin Kohler, said his client denies all theallegations.
The party at Gessert's home was for his daughter and other students who hadattended the Waukesha Catholic Memorial High School prom.
School officials said they have disciplined some of the students whoattended the party.
Catholic Memorial President Bryan Van Deun said there were 19 students atthe party, and some of them were drinking alcohol. The penalty for drinking issuspension from extracurricular activities, according to the school's conductcode.
Van Deun declined to say how many students were disciplined.
``Not everyone was drinking,'' he said Tuesday. ``The appropriate sanctionshave been levied.''
Chmura was excused from a four-day Packers minicamp that began Tuesday. Hisfuture with the team was uncertain even before the incident because of a neckinjury that caused him to miss all but two games last season.
Coach Mike Sherman declined comment Tuesday on the charges, saying, ``I'mnot going to make any comment on Mark until I have all the facts available tome.''
In other developments:
*The registered nurse mother of one of the girls at the party spoke of howshe drove the 17-year-old and 18-year-old to the hospital, then helped themtell their parents.
``I think they are doing as well as can be expected,'' Jeanne Flannery toldthe Milwaukee Journal Sentinel.
Flannery, a nurse who does not currently practice, said she drove them toSinai Samaritan Medical Center in Milwaukee, where sexual assault treatmentexams were done on both.
She said her reaction when the teens told her they had been assaulted ``wasone of shock and compassion for what they were experiencing and what Ianticipated they would have to experience in the future.''
*Bucher said he would do everything in his power to protect the victims andwitnesses from being hurt by the court process and media crush.
``I will not allow the victims of this case to be put on trial,'' Buchersaid. ``That bothers me the most. I won't let that happen. All of these aregood kids, including the victims. They were trying to have a good time. Thesekids did nothing wrong. They have no reason to hang their heads.''

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