Ruling From Iowa Today?
Word coming in from Mike's family and a bunch of folks close to the case that something is expected today. Obviously, we're hoping for a total reversal, but as we understand it, the option of sending the case back to the lower courts for a misdemeanor trial is another scenario. In that case though, Mike would be eligible for bail. The prosecution can appeal within 20 days, but the Court's language during proceedings makes that seem like a long shot.
Hopefully, October is looking up for Mike.
In the mean time, WindyCitizen blog had an article up concerning Mike and their correspondence with him while he's been behind bars.
Hopefully, October is looking up for Mike.
In the mean time, WindyCitizen blog had an article up concerning Mike and their correspondence with him while he's been behind bars.
Labels: good news
posted by SCC at 12:04 AM
55 Comments:
Now THIS would be a good way to start the month. Thanks for the update, SCC.
Fox 32 did a piece on this too.
Good luck, Mike. Before you know it you'll be back on the job.
Hope all goes well for him and his family. Good Luck Mike.
HE IS FREE
HE IS FREE
HE IS FREE
HE IS FREE
HE IS FREE
HE IS FREE
HE IS FREE
Justice for once!!!!!!
Mike has been aquitted by the court of appeals. Unknown when Mike will be released. It is in this mornings trib.
Appeal from the Iowa District Court for Dubuque County, Monica L. Ackley, Judge. REVERSED AND REMANDED. Heard by Huitink, P.J., and Vogel and Eisenhauer, JJ. Opinion by Per Curiam (10 pages $5.00)
Michael Mette appeals from his conviction of assault causing bodily injury. He asserts that the district court erred in rejecting his self defense claim and in finding his victim suffered serious injury. OPINION HOLDS: The district court's finding that Mette had a duty to retreat is not supported by substantial evidence; thus, we conclude the district court erred in rejecting Mette's defense of justification. We need not consider Mette's serious injury argument. We therefore reverse and remand for entry of judgment of acquittal
The state now 20 days to review the decision.
Thanks,
Jen (Mike's sister)
Appleate court reveresed the conviction, check out CLTV
It was overturned:
http://www.chicagobreakingnews.com/2008/10/iowa-court-decision-on-mette-hed.html
Good news!
Congratulations Mike!!!
No. 07-1207. [8-329] STATE v. METTE
Appeal from the Iowa District Court for Dubuque County, Monica L. Ackley, Judge. REVERSED AND REMANDED. Heard by Huitink, P.J., and Vogel and Eisenhauer, JJ. Opinion by Per Curiam (10 pages $5.00)
Michael Mette appeals from his conviction of assault causing bodily injury. He asserts that the district court erred in rejecting his self defense claim and in finding his victim suffered serious injury. OPINION HOLDS: The district court's finding that Mette had a duty to retreat is not supported by substantial evidence; thus, we conclude the district court erred in rejecting Mette's defense of justification. We need not consider Mette's serious injury argument. We therefore reverse and remand for entry of judgment of acquittal.
Congratulations to Officer Mette. I hope there is a huge welcome home party being planned.
I pray for Mette to get released. I don't even know the man but he got the shaft.
Area 5 Det.
The Trib is reporting that the decision has been reversed!
Mette aquitted!
"BREAKING NEWS" ON WLS RADIO:
The Iowa court OVERTURNED Mike Mette's conviction!!!!!!!!!!!!!!
John Kass will be on in a few minutes.
Gotta love WLS and John Kass for caring!!!
METTE ACQUITTED!!!! Welcome back Mike
I just heard on the radio that Mike Mette was released by a court of appeals in Iowa.
Thank God.
Mike case was overturned. he is free
The Sun Times just reported that Officer Mette was freed. This is great news, this was a travesty of justice from the onset. People have the right to defend themselves.
The ordeal that Officer Mette was subjected to was horrific. I'm happy to read that he will be coming home and acquitted of wrongdoing.
Appeals court orders Chicago officer freed
From Associated Press
October 01, 2008 9:34 AM EDT
DES MOINES, Iowa - The Iowa Court of Appeals has ordered that a Chicago police officer jailed in the assault of Iowa man be freed from prison.
The appeals court ruled Wednesday that there wasn't enough evidence for a district court judge to find that Michael Mette could have retreated from a 2005 drunken altercation in Dubuque.
Mette was arrested and sentenced to five years in prison after he punched Jake Gothard, fracturing his nose, cheek and jaw.
Mette's lawyer argued that he only struck back after Gothard pushed him three times.
Several prominent Illinois officials including Chicago Mayor Richard Daley and Chicago Police Superintendent Jody Weis had called for Mette's release.
The appeals court ruling sends the case back to district court for acquittal.
No. 07-1207.[8-329]STATE v.METTE
Appeal from the Iowa District Court for Dubuque County , Monica L. Ackley , Judge. REVERSED AND REMANDED. Heard by Huitink, P.J. , and Vogel and Eisenhauer, JJ. Opinion by Per Curiam
Michael Mette appeals from his conviction of assault causing bodily injury. He asserts that the district court erred in rejecting his self defense claim and in finding his victim suffered serious injury. OPINION HOLDS: The district court's finding that Mette had a duty to retreat is not supported by substantial evidence; thus, we conclude the district court erred in rejecting Mette's defense of justification. We need not consider Mette's serious injury argument. We therefore reverse and remand for entry of judgment of acquittal.
---------------------------
FINALLY, Mike can come home.
Our prayers have been answered.
the conviction is overturned. they are sending the case down for an aqquital.
The good guys finally won one!!!!!
His ruling was reversed! Justice for Mike, finally!
Just in. It's over, it's overturned, he's acquitted, he's free!
METTE ACQUITTED!!!!!!!
WELCOME BACK MIKE!!!!!
Mike has been freed from prison!!! Now lets see how fast Jody gives him back his job
Yessssssssss ^5
Congraulations, Mike we hope to see you soon, your friends in area two.
FOR SCC----Its been reversed! More to follow
He's been acquitted!!!! The Tribune has the article up right now!!! No word on when he'll be released, but should be soon!!!!
the windy city blog i just read said the conviction had been reversed. good news and i'm an asshat citizen.
Just read the Trib online. Looks like the appeals court in Iowa has more sense then the original trial court. MIKE'S conviction has been reversed. Mazel Tov!
hope to see you soon mike.
MIKE WINS!
MIKE WINS!
MIKE WINS!
Good job Mike. I hope you have a full compliment of attorneys with itchy trigger fingers pointed at Iowa.
I just heard the court overturned his conviction stating that he should never have been charged
just heard mike was acquitted of the charges and his conviction has been overturned. justice at last
Just heard,reversed and acquitted. Now hopefully comes the money train for Mike and his family, and his job back if he would even want it anymore.
Ruling overturned!
Sweet JUSTICE at last!!!!! Welcome home Mike Mette.
Thank GOD, Mike is Out. This however is not over. There should be actions taken to see that the original sentencing Judge and prosecuting States Attorney who sandbagged Mike never work again in a capacity that has the power to do something like this to an obviously INNOCENT person. 5 years in PRISON for a schoolyard fistfight with an obviously drunken and pursuing assailant? One punch to defend oneself from his attacker? The Judge and Prosecutor should be the ones put in prison, by the Feds, for Violation of Mike Mettes Civil Rights.
REVERSED!!!! www.mikemettedefensefund.com
Mette Acquitted
Court Ruled! Mike is free to go home Oct 1, 2008 10:50am.
The ruling came down....Aquittal...Mike will be freed. Now he hopefully can get his job back. Hope he sues the shit out of everyone involved in this tragedy.
Mike to go free! You heard it here first!
Pretty good for an insignificant blog. HAHAHAHA. WBBM radio reporting the appeals court has said the lower court was wrong in its ruling. SCC can Mette sue?
Mike was acquitted
Welcome back MIKE!!!!! WOW, Can't wait to shake your hand! Congrats on your win, I can't imagine what you have been going through!! Welcome back to the job!
Good news! An Iowa court has ruled that Mike shall be released from prison.
Link to article here.
Mr. President said;
Let that bitch whore of a judge serve the rest of his time.
Amen! At least there are some judges with common sense.
Anonymous said...
The ruling came down....Aquittal...Mike will be freed. Now he hopefully can get his job back. Hope he sues the shit out of everyone involved in this tragedy.
10/01/2008 11:07:00 AM
Jody promised him the job back, it was in print! Jody will not back down on this one watch!
Hey boss now with this how about some more help? Let Cozzi back on the job and drop the bullshit charges so we can get back to work! How about it sir?
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