Oct 1, 2008 5:51 pm US/Central
Chicago Cop's Conviction Reversed In Iowa Court
Michael Mette Was Jailed For Assaulting Man In Iowa, But Said It Was Self-Defense
DES MOINES, Iowa (CBS) ―
-
-
Mike Mette argued self-defense during his 2006 trial, maintaining that he struck back only after and Iowa man followed him from a party and pushed him three times.
CBS
The Iowa Court of Appeals on Wednesday ordered the release of a Chicago police officer imprisoned for assaulting an Iowa man, saying there wasn't enough evidence to show the officer could have walked away from the altercation.
Michael Mette was serving a five-year sentence for the Oct. 9, 2005 confrontation during which he punched Jake Gothard, fracturing his nose, cheek and jaw. Mette argued self-defense during his 2006 trial, maintaining that he struck back only after Gothard followed him from a party and pushed him three times.
In its ruling Wednesday, the appeals court found that there wasn't enough evidence for a Dubuque County district court judge to find that Mette could have retreated, and sent the case back to district court for a judgment of acquittal.
No one in Chicago could believe the original ruling by a rookie Iowa court judge, who sentenced the four-year Chicago cop to five years in prison. Mette's supporters included everyone from Mayor Richard M. Daley to Sen. Barack Obama to State's Attorney Devine to Police Supt Jody Weis.
"You read the testimony and it is so clear that Mike was just trying to defend himself and I am so glad that the appellate court found in favor of that and he can come back and be a Chicago Police Officer," Weis said.
The support from Chicago meant a lot. The head of the Fraternal Order of Police it may have had something to do with Wednesday's decision.
"The light of day was allowed to shine on the proceedings and in the end, reality finally sunk in," Mark Donahue said.
Jennifer Pomatto, Mette's sister, said the family was also excited about the ruling.
"We hope to have him home by the end of the month and hopefully this will be the end of it," she told The Associated Press by telephone.
However, she said the state has a few weeks to challenge the ruling.
"Until it's finalized we're all still a little cautious. The next 20 days are going to be a long 20 days," she said.
It was Mette's father, now chief investigator for the Cook County State's Attorney's sex crimes unit, who gave him the good news when his son called Wednesday morning.
"He said 'did anything happen?'" Bob Mette said. "I said 'yeah, they ruled.' Then I got a little choked up and he said, 'oh no, they ruled against me?' I said, 'no no, they overturned it.' And the only thing I heard was a big sigh coming over the phone."
Bob Mette, also a former Chicago police officer, says he never gave up.
"Mike's attitude is everything happens for a reason. He said I'm not sure what it is right now, but it'll come to me eventually," Bob Mette said.
State prosecutors haven't yet decided whether to ask the Iowa Supreme Court to review the ruling, said Bill Roach, a spokesman for the Iowa attorney general's office.
A telephone message seeking comment from Dubuque County Attorney Ralph Potter wasn't immediately returned.
In August, Potter defended the charge of assault causing serious injury filed against Mette, saying it fit the incident. He added that his office offered to negotiate a plea with Mette, but his family "made it very clear that he would not plead to an assault charge of any kind."
There was no telephone listing for Jake Gothard in the Dubuque area.
Although both men had been drinking, Mette's family and supporters pointed out that Gothard's blood alcohol level was more than three times the legal limit to drive. And they said Mette, in Dubuque to celebrate his brother's 25th birthday, tried to avoid a fight.
At Mette's trial in November 2006, First Judicial District Judge Monica Ackley found him guilty of assault causing serious injury but said Mette was not the initial aggressor in the incident.
"What the defendant failed to do, however, was to retreat from the house or walk away and call the police about the disturbance," she wrote. "Because of his failure to take these steps, the court cannot find that the self-defense justification is available to permit the striking of Jake."
In its ruling, the appeals court found that prosecutors did not meet the burden of proof, and that there was no testimony to support Ackley's findings.
"After being pushed and knocked backwards two or three times, there was nothing in the record to indicate Michael could have avoided Gothard's next blow, without his defensive punch," the ruling said. "While it may be possible to speculate on Michael's ability to retreat, the record is utterly void of any testimony to support that assumption."
Mette, who is on unpaid leave, has been serving his sentence at a state prison in Rockwell City. His father, Robert Mette, said he spoke with his son Wednesday morning by telephone and expects that officials will work quickly to release his son.
"He didn't sleep well last night. He's been quite nervous for the last couple of weeks," Robert Mette said. "He's now even more relieved than anybody."
CBS 2 Chief Correspondent Jay Levine and the Associated Press contributed to this report.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
Jewish Celebrities
Click to enlarge
Stumble It!
