Expert Witnesses Fill Chmura Defense Lineup

Doctor: Injuries Might Not Have Been From Sexual Assault

WAUKESHA, Wis. , 3:09 p.m. EST February 1, 2001 -- Injuries found on a teenager who accuses former Green Bay Packer Mark Chmura of sexually assaulting her at a party do not necessarily mean she was assaulted and could have been caused by something else, two defense witnesses testified Wednesday.

Chmura's defense attorney, Gerald Boyle, spent most of the defense's opening day questioning sexual assault experts about whether the teen's injuries indicated a sexual assault.

Boyle asked Dr. Joseph Zeccardi if he thought a sexual assault occurred, based on police records and a report from a nurse who examined Chmura's accuser hours after the party.

"I'm not sure I can give you a medically certain conclusion," Zeccardi said.

The teen, a former baby sitter for Chmura's two sons, said that Chmura pulled her into a bathroom, pulled down her pants and had sex with her without her consent during a post-prom party at his friend Robert Gessert's Hartland, Wis., home April 9.

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

Zeccardi said Wednesday that wet clothing or an ill-fitting swim suit also could have caused the redness and abrasion attributed to the alleged sexual assault. The teen testified earlier that she borrowed a swimming suit so she could go in a hot tub at the party.

Zeccardi is a New Jersey pediatric emergency physician who has worked with the FBI to develop procedures for sexual assault examinations.

He testified that he would expect to find a similar abrasion on Chmura, but an examination immediately after Chmura's arrest April 10 found none.

Debra Donovan, the nurse who examined the teen hours after the party, has testified that she found the teen's hymen was still intact.

Zeccardi said that he would expect the hymen to tear during a short and sudden assault such as Chmura's accuser has described.

Page Verlander, a supervisor of sexual assault nurse examiners at a Virginia hospital, also testified that she couldn't be sure whether a sexual assault occurred.

Verlander said that she would have expected Chmura's accuser to have more injuries.

Verlander also said that she would have done a more thorough exam of the teen, searching for saliva containing DNA and also applying dye to the injuries that would have highlighted tears or cuts.

Both Verlander and Zeccardi also testified that Donovan should not have written in her report that Chmura's accuser's injuries were consistent with sexual assault.

"I would counsel that individual that I didn't feel we should be drawing conclusions," Zeccardi said.

During cross-examination, Waukesha County District Attorney Paul Bucher asked Zeccardi if he was aware many nurses make judgments because they are obligated to tell police if they think an assault has occurred.

Zeccardi said he didn't believe that.

Chmura, a three-time Pro Bowl selection, joined the Packers in 1992 out of Boston College. 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.

An 18-year-old woman has accused Gessert of fondling her in a hot tub at the party.

Gessert has pleaded innocent to second-degree sexual assault and fourth-degree sexual assault. His trial is scheduled for March. If convicted, he faces up to 30 years and nine months in prison and up to $20,000 in fines.

Copyright 2001 by TheSanDiegoChannel.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.