Sunday, March 2, 2008

WAUKESHA DA CHALLENGES CHMURA
BOTH SAY THEY'RE EAGER FOR TRIAL
By
The war of words between Waukesha County district attorney and aformer Green Bay Packer accused of sexual assault intensified Sunday, as theprosecutor called on the alleged felon, Mark Chmura, to go to trial as soon aspossible.
The district attorney's challenge followed Chmura's first extended publicinterview since he was charged with sexually assaulting a 17-year-old girl ata post-prom party on April 9. In the interview Saturday, Chmura claimed hewanted to go to trial as soon as possible.``All we ever wanted was a trial date,'' District Attorney Paul Bucher saidSunday. ``If this is what you want, I call your bluff. Let's go to trial.Let's go to trial tomorrow.''
A trial date has not been set. The case has been mired for months inpre-trial motions, many filed by Chmura's attorney. The former Packer haspleaded not guilty to felony charges of third-degree sexual assault and childenticement, which could land him in prison for a maximum of 40 years.
Also in response to Chmura's interview, the family of the young woman whohas accused him of sexual assault criticized the interview, through aspokesman Sunday, as a public relations ploy.
``Mr. Chmura's interview was an obvious attempt to claim his innocence and,in a not too subtle way, influence future jurors,'' family attorney RobertHabush said Sunday.
Chmura's accuser, who is now 18, has not made any public statements anddeclined to respond personally to his interview.
Chmura granted a 90-minute interview to the Milwaukee Journal-SentinelSaturday, in which he talked about the pain these allegations have caused hisfamily, their unwavering support for him and his ultimate desire to return tofootball.
He said people are wrong to make assumptions about why he was at thepost-prom party. Chmura said he had planned to play golf with the party'shost, Robert Gessert, in Chicago early the next morning. The trial forGessert, who has been charged with second-degree sexual assault andmisdemeanor fourth-degree sexual assault involving another young woman, hasbeen separated from Chmura's.
He said as a teenager, he would have been delighted to see a football starat a party.
``My friend Bob and his daughter thought it would be nice if I showed up.Some of those kids were football players,'' he said.
``It was a celebration. I was excited that I had just gotten done withmini-camp, my neck was feeling great, I was going to return to something Iloved doing -- that is, playing football for the Green Bay Packers.''
In the interview, Chmura said he was eager to tell his story in court. ``Iknow what happened. I know everything,'' he said. ``Let's go to courttomorrow. Let's go. Set the trial for tomorrow, nine o'clock, and I'll bethere. OK? Let's go.''
Neither the district attorney nor Chmura's attorney, Gerald Boyle, hasasked Waukesha County Circuit Judge Mark Gempeler to set a trial date.
Chmura's attorney has filed numerous motions since the charges wereleveled. One under consideration requests dismissal of the charges. Anothermotion from Boyle asks the judge for separate trials on the two charges.
Chmura's attorney also has asked that any trial be held outside WaukeshaCounty, citing unfair publicity in the Milwaukee area.

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