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Chmura's defense and his version of what happened on April 9 is studded with silences. When a reporter with the Milwaukee Journal Sentinel broached rumors of his previous womanizing in an interview last September, the football player pointed to his wife and their three-year-old son, saying, "O.K.? End of story." At the same interview, when asked whether he had been drinking prior to arriving at the home of his friend Robert Gessert, Chmura turned to his personal lawyer John Drana to ask if he should answer. Drana said no.
Chmura said he had expected to see his wife at Gessert's house that night in April, but she had already left for their home a few blocks away. Chmura and the Gesserts had had dinner earlier that evening. Nevertheless, he said he thought it would be "nice" to show up at the party for the sake of the kids, who included several young football players as well as Gessert's daughter. Chmura reportedly impressed the kids by phoning his teammates, including Winters, leaving funny messages on their answering machines. Chmura also knew at least one person among the partyers: the alleged victim had baby-sat at his home. His attorney points out that no DNA evidence has been discovered implicating Chmura and that a clinic exam showed that the accuser's hymen was intact. But that exam, according to court papers, also indicated evidence "consistent with some object being forcibly inserted" in her genital area.
In the complaint, the 5-ft. 7-in., 120-lb. girl said she did not resist the assault because she was "in a state of shock" that it was occurring and felt overwhelmed. Chmura stands 6 ft. 5 in. and weighs more than 200 lbs. At the party, after drinking repeated glasses of Mountain Dew and vodka allegedly refilled by Robert Gessert--she could not recall how many--the girl realized she was very drunk. All the while, she said, Chmura was downing straight whisky. At about 4:30 a.m., Gessert announced that it was "hot-tub time." When several of the girls said they had no swimsuits, he allegedly told them, "No problem," underwear was fine. The accuser removed her clothing but donned a swimsuit borrowed from Gessert's daughter. Chmura allegedly stripped down to his briefs and joined the group in the tub. After some time, one of the teens began vomiting, the tub cleared out, and Chmura and the girl returned to the house, where she pulled on her clothes.
According to the girl, Chmura, wearing a bath towel, spotted her and beckoned her into the bathroom, where the encounter allegedly occurred. Another student, a high school football player named Mike Kleber, later told SPORTS ILLUSTRATED that he warned the girl not to join Chmura. When a friend realized that she had disappeared into the bathroom, she became worried and began pounding on the door. The friend told police that she heard clothes rustling before the door swung open and the alleged victim bolted from the bathroom "with her eyes very big and a look of panic on her face." As she gathered her things to flee the party, the friend said, she broke into tears. When police arrested Chmura, one of his first remarks was directed at the girl: "How could you do this?"