Gessert makes deal in sex assault case

Chmura's friend won't serve jail time

By LISA SINK

of the Journal Sentinel staff

Last Updated: March 12, 2001

Eleven months after the former Packer and Gessert were hit with felony charges in a case that made headlines across the nation, prosecutors were left with far less than they had hoped for: a full acquittal for Chmura; and 80 hours of community service and $5,849 in fines and court costs for Gessert.

While Gessert's plea and sentencing bring the criminal cases to a close, the public is left to guess at some of what happened April 9 during the post-prom party at Gessert's Hartland home, where the two men drank and hot-tubbed with teens.

Chmura, 32, never testified during his trial, which ended Feb. 3 with his acquittal on charges of third-degree sexual assault and child enticement. Gessert, whose trial was to begin today, did not address the sexual assault accusations against him during Monday's sentencing. Neither did the prosecutor, who agreed to reduce the charges in exchange for a no-contest plea.

In court Monday, Gessert apologized for allowing teens to drink at his home in Hartland's Bristlecone Pines subdivision. He apologized to all of the teens, including his accuser, for the "environment in general" at the party.

His accuser, 18 at the time, had said Gessert molested her in a hot tub during the party. She said she was drunk at the time.

"I did not supervise the drinking aspect of this so well," Gessert said.

He also apologized for "making the decision to get into the hot tub at five o'clock in the morning with these kids."

Facts disputed

But Gessert's attorney, Martin Kohler, said Monday that Gessert never sexually assaulted the woman.

Her lawyer, James Gutglass, insisted, however, that Gessert did molest her and that she agreed to back the plea deal only to end the case.

Gessert, 43, pleaded no contest to disorderly conduct and contributing to the delinquency of a minor, both misdemeanors, as well as a non-criminal ticket for failing to prevent underage drinking.

He faced a maximum penalty of one year in jail and $11,000 in fines. But he will serve no jail time or probation under Circuit Judge Mark Gempeler's sentence.

Had Gessert been convicted of second- and fourth-degree sexual assault, as he initially had been charged, Gessert would have faced a maximum sentence of 30 years and nine months in prison.

The count of fourth-degree sexual assault was read in, meaning Gempeler could consider it during sentencing.

A reluctance by the accuser's friends to testify in a second trial, coupled with concerns about medical evidence, prompted prosecutors to drop the sexual assault charges, said District Attorney Paul Bucher and Assistant District Attorney Dennis Krueger.

Among those reluctant witnesses was the teen who had accused Chmura of sexually assaulting her in a bathroom at the Gessert home during the same party after the Catholic Memorial High School prom. That teen had baby-sat for Chmura's two children.

Kohler said the sexual assault charges "should never have been brought in the first place" and that "we always said that Bob Gessert was not guilty of a sexual assault charge."

Bucher defended the initial charges, saying, "We didn't overcharge." He said that he "wouldn't change anything" if he had to do it over again.

"We got something out of this, and he got something out of this," Bucher said, explaining the plea deal. He said that "of course" he still believed Gessert sexually assaulted the woman.

As to the outcome of both criminal cases, Bucher said, "The damage is done.

"I'm just more concerned that our two victims and the witnesses can put this behind them and move on," he said. "It's a painful process for all involved."

Prosecutors agreed to make no sentencing recommendation. Defense attorneys asked for no jail or probation because Gessert needs to travel for his business, The Gessert Group, a health care communications company.

Gessert's accuser urged leniency.

In a statement the judge later called "very eloquent and magnanimous," she said she didn't want Gessert to go to jail because of the pain it would cause his daughter Jamie.

"I've been through a lot," she said. "I can also imagine that it's also been difficult for Jamie. I therefore urge the court to not impose any jail.

"I've lost my friendship with Jamie Gessert," she said.

Kohler said that Gessert, too, had lost friends and "a couple" of business associates after national publicity in publications such as Sports Illustrated made him a "household name."

"He has been hurt financially, emotionally, all his own doing," Kohler said.

Krueger, the prosecutor, told Gempeler that he would have had difficulty convicting Gessert of sexual assault. Krueger said there was conflicting medical evidence from the nurse who examined Gessert's accuser.

Nonetheless, Krueger said, Gessert used poor judgment the night of the party.

"Many, if not all, of the parents thought it would be monitored by a responsible adult," Krueger said of the party.

He said there was conflicting testimony at Chmura's trial about whether Gessert poured drinks for teens that night. But Krueger said, "At a minimum, he sent a message that underage drinking is OK. There should be no tolerance" for underage drinking.

"The defendant's conduct was shameful," Krueger said. "No question, it was criminal, as well."

Gessert had asked Chmura to attend the party. Chmura also faces a ticket alleging failure to prevent underage drinking. He is to appear in court March 29 on that matter.

Party becomes 'a calamity'

Gempeler said that the party attended by high school seniors just weeks from graduation should have been a "jubilant" time but instead "turned into a calamity."

"Mr. Gessert's obligation as the owner of the house was to provide oversight and guidance . . . not to aid in their party or join in," Gempeler said. "It's a shame."

But Kohler said of the Gesserts: "This isn't a house that tolerates the drinking. This is just so out of character, this one night. It's just shocking to anyone that this could have happened, but it did."

Kohler said the case "has taught a lot of families lessons, and there's a serious problem among a lot of high school students and drinking."

After the sentencing, Bucher said that parents should "call ahead, check the atmosphere where these kids are going."

"If this occurs again in Waukesha County, we'll have the same result," he warned.

Bucher said he hadn't decided whether to charge Gessert's son Justin, 20, who police say sent a threatening e-mail to his father's accuser.

The e-mail said a jury would soon label her a liar like her friend, Chmura's accuser, and that she would never see any money from the Gesserts.