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| Tuesday, February 6 Associated Press | |||
| WAUKESHA, Wis. -- The foreman of the jury that acquitted
Mark Chmura of sexually assaulting a 17-year-old girl said the
football star is guilty of one thing: bad judgment.
"He put himself in a bad situation by being drunk with kids and
in a hot tub in his underwear," foreman Brad Breidenstein, a
38-year-old bar manager from Janesville, said Sunday.
But the jury disagreed with District Attorney Paul Bucher's
contention that Chmura went from frolicking around in wet boxers
with drunken teen-agers to luring the girl into a bathroom and
sexually assaulting her last April 9.
Chmura was acquitted Saturday night of charges of child
enticement and sexual assault that carried up to 40 years in
prison.
"None of us believed nothing happened. We all believed
something happened in there," said a 59-year-old female juror who
asked that her name not be used. "But we had no evidence to prove
it."
Breidenstein said without any DNA evidence, it was hard to prove
anything.
"We all agreed that they were in that bathroom together. But we
don't really know what took place," Breidenstein said. "It was
like (defense lawyer) Gerald Boyle said: `She got caught in the
bathroom with a married man and now she's got to get out of this
little predicament.' "
Bucher insisted Chmura was exposed as a man who had
inappropriate sexual contact with a minor.
"The evidence clearly indicates there was sexual contact," the
prosecutor said. "The real issue became if it was consensual or
not. That was an issue for the jury to decide. The jury found we
were not able to prove that beyond a reasonable doubt, probably for
a variety of reasons."
At a news conference Sunday in which Boyle didn't allow his
client to discuss what happened at the party because of the threat
of a civil lawsuit, Chmura broke down crying and apologized for
disappointing his fans.
"I know as a Green Bay Packer and as a professional athlete,
I've disappointed many, many people. And for that I am truly
sorry," Chmura said. "I promise you nothing like this will ever
happen again."
After he composed himself, Chmura said he would celebrate by
going to Disney World -- no kidding -- and that he plans to resume
his pro football career.
"I'm ready to get back to work," he said. "I plan on suiting
up for someone next year."
Chmura's agent, Eric Metz, said several teams have inquired
about Chmura, who was cut by the Packers after he was charged and
replaced by first-round draft pick Bubba Franks.
"I'm a free agent right now and there's 30 teams out there. And
as far as I know, the Green Bay Packers are one of those 30
teams," Chmura said.
The Packers cited a salary cap crunch when they jettisoned
Chmura, 31, a three-time Pro Bowl tight end. After his acquittal,
the only response from the team was a terse statement from
president Bob Harlan that read: "We're just glad that it's over."
General manager Ron Wolf told the Milwaukee Journal Sentinel the
team could not afford a player of Chmura's caliber because of
salary cap restraints. He said he did not expect Chmura to play for
a minimum wage contract and thus the Packers cannot afford him.
Chmura said his neck injury that put his career in jeopardy in
1999 is no longer an issue and that two doctors have given him
medical clearance to play.
Boyle said Brett Favre and other former teammates wanted to
attend the trial but he advised against that because "I didn't
want any public perception that we needed those people to bring
justice."
Breidenstein said the accuser's inconsistent testimony and surly
demeanor on the stand also helped them acquit Chmura.
The deciding factor was the testimony of two teens, Michael
Kleber and Val Buscemi, Breidenstein and the 59-year-old juror
said.
Kleber testified that he warned the accuser not to enter the
bathroom and that she turned to him, smiled and went in anyway.
Buscemi said Chmura's accuser told her she been inappropriately
touched by Chmura in a hot tub before the alleged sexual assault in
the bathroom.
Chmura's accuser denied both accounts by the star defense
witnesses.
Breidenstein said that when the jury got the case, a secret
straw poll found there were five guilty votes on sexual assault,
which carries 10 years in prison. After debate and two more polls,
the vote to acquit was unanimous.
After a few bites of pizza, the jury quickly took up count No.
2, child enticement, which none of the jurors realized was by far
the more serious of the two charges, carrying 30 years in prison,
Breidenstein said.
Two jurors who voted guilty on the first straw poll for that
charge changed their votes on the second poll, he said.
Both of the alternate jurors also would have voted to acquit
Chmura on both counts, according to one of them, a 51-year-old
mechanic from Janesville.
After the verdicts, jurors spent one last night at the hotel
where they were sequestered during the 10-day trial.
"We went to the bar and had a couple of drinks," Breidenstein
said. "And we all agreed we did the right thing."
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