Cop claims court should reverse conviction

DES MOINES, Iowa -- Attorneys for a Chicago police officer serving a prison term in Iowa asked the state Court of Appeals on Thursday to reverse his conviction and dismiss the charge against him.

Officer Michael Mette was sentenced to five years in prison after being convicted of assault causing serious injuries. The charge was the result of an October 2005 fight in which Mette punched Dubuque student Jake Gothard, who suffered a broken nose, cheek and jaw.

The case prompted an outcry in Chicago, where Cook County State's Attorney Richard Devine and Chicago Police Superintendent Jody Weis and others wrote to Iowa Gov. Chet Culver, imploring him to pardon Mette. About 40 Chicago police officers rode a bus from Chicago to Des Moines for Thursday's hearing.

John Kupczyk, a police department commander, said it was the camaraderie of the department that brought the officers to Des Moines.

"We come as a band of brothers," Kupczyk said. "We're seeking justice."

Retired Officer Clyde Brandenburg said he traveled to Des Moines to support Mette, his family and the other officers who made the trip.

"That's only half of it," Brandenburg said. "This is wrong, totally wrong. Even if he did it, the sentence ... "

Another officer wore a black T-shirt that quoted Mette: "Just because I am a police officer doesn't mean I'm supposed to take a beating." The T-shirt also read "Injustice in Iowa."

The officer declined to comment following the hearing.

Mette's attorney Mark McCormick told the three-panel court that there is no argument that Mette hit Gothard. But McCormick argued that the evidence was insufficient to support Mette's conviction.

Mette was in Dubuque to celebrate his brother's 25th birthday when he encountered Gothard, who followed him from a party and pushed him three times before Mette punched him.

McCormick argued the assault was justified because Mette was acting in self-defense.

The district court judge who convicted Mette ruled that the officer had options other than hitting Gothard, including walking away, trying to talk to Gothard or calling the police.

"Is it logical to think in the heat of the moment that Mr. Mette should stop and talk to Mr. Gothard?" McCormick asked. "That is out of the realm of reality."

The attorney for the state, Linda Hines, argued that Mette could have avoided the fight but instead chose to hit Gothard.

"The court found he had other options," she said. "He was pushed. He hit back. He hit so hard that Mr. Gothard was knocked unconscious and fell backward.

"The defendant could have used alternative methods -- the state did disprove the argument of self defense," Hines said.

She said it was "unrealistic for the judge to find the defendant couldn't have used other alternatives."

Appeals court Justice Terry L Huitnick appeared skeptical about Hines' claim, asking her if she was suggesting that in the brief period in which the altercation occurred that Mette could have done something else.

"It's impossible to conceive under the circumstances," Huitnick said.

McCormick also argued that the injuries suffered by Gothard did not meet the threshold to be considered life-threatening.

Hines disagreed, arguing that an emergency room doctor in Dubuque was concerned that Gothard might have swelling of the brain and could have trouble breathing. The doctor had Gothard transferred to University Hospitals in Iowa City, where further evaluation showed his injuries weren't as serious as initially suspected, court records show.

But Hines said the charges were based on the Dubuque doctor's examination, which determined Gothard could be at risk.

McCormick argued that the injuries were not life-threatening and that Gothard recovered with little if any additional treatment.

Mette's mother Patricia attended Thursday's hearing. She said it was nice to see the show of support from her son's fellow officers.

"They believe in Michael and the only way they could show their support was to travel here today," she said.

Patricia Mette said her son calls her once a week and that she and her husband, who was a Chicago police officer for 32 years, travel to see their son once a month.

"There's nothing I can do, so I'm there for him when he needs me," she said. "We take it one day at a time and hope for the best."