Result Being Felt
The Mette case is making waves that are being felt over the border.
THOnline is covering the coverage - columns by John Kass are being reprinted in Iowa papers and the Iowa media is starting to print some really half baked responses. We still need a BIG national outlet to pick up on this story though.
Keep up the support. Somewhere, somehow, this has to break into the forefront. This isn't just an issue of a court and a district attorney going too far - this is a case of an American citizen's right to self defense being under attack.
THOnline is covering the coverage - columns by John Kass are being reprinted in Iowa papers and the Iowa media is starting to print some really half baked responses. We still need a BIG national outlet to pick up on this story though.
Keep up the support. Somewhere, somehow, this has to break into the forefront. This isn't just an issue of a court and a district attorney going too far - this is a case of an American citizen's right to self defense being under attack.
Labels: info for the police
posted by SCC at 12:03 AM
33 Comments:
What day does he start his jail sentence? Because he WILL.....
This strikes me as the time to turn the tables. Where is the ACLU?
Mike Mette is a US citizen and as such is fully entitled to his constitutional rights.
Off Topic:
Just read that the Chicago Reader was sold to a San Diego Media firm. It has been owned locally since its inception in 1971.
Posted By Bull820 on Tue., Jul. 24, 2007 at 1:20 PM Judge Ackley didn't become a judge because she was a D Student. Give her some credit for basing her judgment on the facts. Perhaps he really was guilty of what the charge was.
Well, if this is the kind of thinking that goes on in Iowa, and Mike Mette is up agaisnt, I for one, I am very worried for him.
"She didn't become a Judge because she was a D student".
Yep, with logic like that I for one would not want to be in his situation.
This also might be why a trail by a jury would not have been a better option....
Are these people out of the movie Deliverance?
If we could get this on the Drudge Report it would go national overnight. I am going to try and call Matt Drudge when he is on the air, he is broadcast from 2100-0100hrs on WLS AM 890 on Sunday evening.
What's been missing in all this media coverage is thoughtful, unbiased legal analysis under Iowa law of the judge's findings and decision. Dueling journalists doesn't cut it.
This battle will be won, or lost, in the Iowa Court of Appeals and/or Iowa Supreme Court based on Iowa law.
The trial judge's findings of fact must be accepted unless not supported by what's called "substantial evidence." In this case, that's not a particularly bad thing since these historical findings are largely favorable.
The troubling one is her conclusion that Mike could have done something else. This finding does not square with the other findings and appears to be speculation. Then she appears to misapply the Iowa self-defense law to this gratuitous finding. As a matter of law, misapplication of the law to the facts in a case is an abuse of discretion and may be grounds for reversal. Further, in determining whether the force used was reasonable, she appears to focus more on the results rather than the amount of force used without considering whether some of those injuries are the result of the fall as opposed to the single punch.
The only way the Iowa appellate courts can reverse this conviction is to find that her factual findings are clearly in error and not supported by substantial evidence and/or that she misapplied the law. Apart from that, appellate courts look to sustain trial courts, not reverse them. So the battle isn't one of emotions or dueling journalists but one of law. In this case, it's Iowa law and Mike needs the best experts on Iowa criminal law and procedure.
WHY IS THERE SILENCE FROM ALL THE WEAK KNEE EXEMPTS? HOW ABOUT THE ELECTED ASSHOLES? GUESS MASTER DALEY TELLS THEM WHAT TO DO! STRANGELY ALDERMAN BURKE WHO WANTS THE WATER PARKS FOR THE IDIOTS IS ALSO SILENT! DONOHUE LETS GO STEP UP AND CALL OUT YOUR FRIEND BURKE! AND THE REST OF THE UNDERBELLY OF ENDORSED OFFICILAS MARK MAKE YOUR BIG MOVE NOW!
I have yet to see the real issue in the Iowa papers addressed, why it's illegal for a citizen to defend themselves from an attack?
I would be outraged if I had to live under such draconian unconstitutional laws.
From the comments section of the paper: The main problem with the case is the fact that the prosecutor ignored obvious mitigating evidence. The basis of the complaint is that the alleged victim sustained a brain bleed and various other injuries. That is based on faulty diagnosis by the original doctor/paramedics because of the fact that the alleged victims breathing and heart rate were slow. The reason his heart rate and breathing were slow were because of his intoxication and later tests confirmed that diagnosis.
From the comments continued: Also, the law is based on an out of date law based in England. If you had someone attacking you, what would you do? Do you have a right to defend yourself from an aggressor? The law is unjust and if anyone says that he got what he deserved because he is another rogue Chicago cop, then don't get mad because you are judged as a stereotype. This is a wrongly prosecuted individual. The Bill of Rights are not negotiable. I would fear the power you afford this prosecutor.
More Bad News:
More indictments for cop accused of attacking teen
A Chicago police officer accused of breaking the jaw of a 15-year-old boy was indicted Tuesday on additional charges of official misconduct and unlawful restraint.
http://www.chicagotribune.com/news/local/chi-gallegosjul25,1,4088810,full.story?ctrack=1&cset=true
The F.O.P. gould take this national in minutes. Lodge 7 has to be the 2nd or 3rd largest lodge in the country. F.O.P. could contact Chuck Canterbury and asks him for assistance with making this a national news story. it's that easy.
Im an "OPEN LETTER TO THE CITIZENS OF DUBUQUE COUNTY and THE CITY OF CHICAGO" dated last Friday, July 20, Dubuque County Attorney Ralph R. Potter issued the following:
www.DubuqueCounty.org/offices/countyattorney/
Response_To_Mette_Trial.pdf
If brains were dynamite, that Iowa judge couldn't blow her nose...
All the blabbering about why exempts,Mayor,Governor& Pope arent getting involved revolves around one thing.
MIKE METTE IS NOT CONNECTED & HAS ZERO CLOUT!!
For that misfortune he is left to the warped machinations of The Iowa Court system. This should be a wake up call for those not in The Chicago Political Department. You're on your own especially if it's some off duty incident. So before you play Cop on your block, THINK 1ST!
DONOHUE LETS GO STEP UP AND CALL OUT YOUR FRIEND BURKE! AND THE REST OF THE UNDERBELLY OF ENDORSED OFFICILAS MARK MAKE YOUR BIG MOVE NOW!
DON-O-HO SHOULD LEAVE THE BIG MOVES FOR THE BOLD PLAYERS - HINT - HE AIN'T IT
Nobody likes Chicago Cops! History has shown how they are crooks!
Mike Mette DEFENDED HIMSELF, wether he be white ,black, hispanic, etc. It could happen to anyone trying to protect themselves from an assailant. Maybe what really should have happened, judging from this unjust law, Mike should have run from a unjust system. Since the unjust lawyers and judges (WHICH IS REALLY WHO THE POLICIANS ARE)are making the laws to protect themselves, with such things as partial immunity and full immunity granted unto them. Either grant this luxury to the police and everyone else or we must find a way to take back our justice system from them by locking the up as well for every little petty thing. Take away their freedom for ridiculous reasons and you will see a chnge in the laws!!
well I wrote Mr. Cooper and told him it isnt the sentencing we are upset about, it is the conviction itself since the judge did such a 180 in her own words.
After reading all the facts as presented from both sides of this issue, as printed in various media outlets..it is clear that the case is not unique in any way from cases we are involved in everyday in the Cook County Court system.
Nothing but a bunch of 1/2 truths, lies, and outright distortions from BOTH sides.
In addition, the case laws are fraught with ambiguity making it practically a "coin toss" by the Judge to render a verdict.
If it went one way, the D/A or State would bitch about injustice,or a "fix" etc. If it went the other way, the defense would bitch about collusion or a "railroad job or frame-up" by the State.
It's not clear at all!
I do think 5 years is a harsh sentence for what is essentially a campus fight (they occure 1000/times a school year) usually with only injuries being "bruised egos." I have been on both sides as a victim, and a VICTOR (ooo-rah!)in my college days.
I still support the officer in question, and plan to sent a contribution. However, I am glad I am several decades above college age now and that the "novelty" of partying has worn off!
Alcohol consumption always impairs judgement and as in this case caused a mountain from a molehill for ALL involved parties. And brought on a BIG "shitstorm" for the officer involved.
I read the newspaper columns, the documents that SCC posted from the judge. I think I have it figured out and formulate an opinion about it..but then I read the Prosecuting attorney's response on the City of Dubuque website and it all becomes "MURKY" again.
So without actually having sat in the courtroom and witnessed the proceedings, I will never know the truth of what actually happened that night.
BUT, still knowing about media bias, anti-police bias, blah, blah, blah,etc..from first hand experience as a COP..I'LL ALWAYS GIVE THE OFFICER THE BENEFIT-OF-DOUBT IN ALL MATTERS!
I don't care what you call it..THE THIN BLUE LINE SURVIVES!
Anonymous said...
What day does he start his jail sentence? Because he WILL.....
7/25/2007 12:14:00 AM
swallow your pistol assbag!!
What about contacting Roe Conn? Roe Conn is always bragging about his Chicago cop friends that are bosses. The Roe Conn Show has a huge following and is broadcast to a huge geographical area.
I know he drinks with the boys at Duggans on Milwaukee Ave in 016 occassionally.
All of my neighbors on both sides of the river are aware of this case now(that its been in the Dubuque papers) and are pissed at at the judge-prosecuter.Most believe gothard had the punch coming. Like me, no one heard of the case till his conviction.What happened when he was charged or convicted? She s a known idiot on the bench,why did his lawyer permit
a bench trial?
Alot of my neighbors up here are scared to go see a Cub game now.Most of these people have a relative serving in combat,they are not your enemy. Keep the heat on that judge where it belongs!!!
While trying the case in the media can have some helpful impact, perhaps the best strategy is for find Mette a Iowa borne and bred former federal or state prosecutor who will handle his appeal, perhaps, even at a reduced fee (for the publicity). That's who I be looking to hire if I was in his shoes. The University of Iowa has a great law school and they are very provincial in that state. Also happy to ante up if there is any fundraising going on.
how come that the feds are not investigating the judge.??.if this was a black man ,jesse would be demanding a federal investigation. how come the president of lodge 7 you know our lodge isn't on tv hollering foul ,asking the feds to see want connection the alleged victims daddy had to do with this verdict.. we should do a bus trip to iowa ' s court house ,unarmed, and march in front of the building.... this will get national attention... i will surely take td and go.....
The heat needs to be turned up on Mike's behalf,November is around the corner.
Is it possible to have one of the celebrities that were involved in the Police Memorial assist Mike? That would bring much needed publicity to this INJUSTICE.
keep it going scc. it will eventually get the interest of somebody big enough to stir the pot and get something moving. a good man, a chicago policeman for that matter wrongfully arrested let alone convicted and then ridiculously sentence to boot. Mike , we are behind you.
singed: brother in blue........
Anonymous said...
More Bad News:
More indictments for cop accused of attacking teen
A Chicago police officer accused of breaking the jaw of a 15-year-old boy was indicted Tuesday on additional charges of official misconduct and unlawful restraint.
http://www.chicagotribune.com/news/local/chi-gallegosjul25,1,4088810,full.story?ctrack=1&cset=true
7/25/2007 05:42:00 AM
WHAT DOES THIS TELL US? THE LIBERALS ARE RUINING US AND THIS COUNTRY! OFF DUTY BE CAREFULL ON DUTY BE CAREFUL! IF YOUR A WORKING COPPER LOCKING EM ALL UP SLOW DOWN TAKE A BREATH ENJOY YOUR 2 PERSONALS,LUNCH,DON'T DRIVE SO FAST,READ A GOOD BOOK IN THE CAR! DO PAPERWORK THAT IS ALL! DON'T GET THROWN UNDER THE BUS LIKE THIS POOR SOUL! HE DID THE HONORABLE THING PROTECTING HIS FAMILY AND NOW THE ASSHOLES AT THE STATES ATTORNIES OFFICE ARE RAILROADING HIM, I HOPE THEY NEVER GET THE RAISE FROM STROGER FUCK ALL THE ASA AND DEVINE ALSO!
The County Attorney's media release makes things even more murky.
He tries to play off what's in the police reports, etc., but what really counts at this point as a matter of law is what the judge actually found. A lot of what she found is not what's in those reports and is favorable to Mike. The question is whether she correctly applied the law. That's where the appeal is won or lost. Surprisingly the county attorney missed that.
If this INJUSTICE occurred to Matt Cline or Patrick Daley would everyone be silent?
Too bad,Mike Mette is just a normal working stiff copper.
the soft-underbellied Irish leadership in Chicago will do nothing to help this guy. It's up to us fellow cops to help expose and correct this travesty of justice. Please post any ideas SCC readers think might help. And, oh, by the way, another month gone without a Contract. Keep up the hard work troops.
Here's a thought...... you are the police! You have the legal authority over life and death! You are supposedly in a "profession" as opposed to a "job"! Why the fuck are you going to "party" with a bunch of college kids where only bad things can happen? Does anyone remember D. L.? A cop in 007 about 10 years ago.... he went up to NIU to party for the weekend with some college kids..... ended up drunk and firing his gun into the air....unfortunately, a couple of rounds hit an occupied dorm and the next thing you know, it's an aggravated discharge case.... felony charges and loss of job! The bottom line is, all you young mother whipper snappers with your 60 hours of college credit.....once you get on the job....dont go partying with the real college students....go drink at the jefferson tap and beat up business men!
MIKE METTE DEFENSE FUND RESPONDS TO DUBUQUE COUNTY ATTORNEY'S OPEN LETTER TO CITY OF CHICAGO!
http://www.mikemettedefensefund.com/docs/Mr.Potter.doc
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