Appeals court orders Chicago officer freed

DES MOINES, Iowa -- An appeals court Wednesday ordered a Chicago police officer freed from prison in an Iowa assault case that had top brass back home defending one of their own.

The Iowa Court of Appeals said Officer Michael Mette's trial judge had no testimony on which to base her ruling that he could have walked away from a fight with another man -- but didn't.

Mette had argued self-defense in the 2005 fight in Dubuque with Jake Gothard that left Gothard with a fractured nose, cheek and jaw. Mette's attorney said his client struck back only after Gothard followed him from a party and pushed him three times.

In November 2006, First Judicial District Judge Monica Ackley found Mette guilty of assault causing serious injury and sentenced him to five years. She said Mette was not the initial aggressor but could have retreated.

The case prompted an outcry in Chicago, where prominent officials, including Chicago Mayor Richard Daley, Cook County State's Attorney Richard Devine and Chicago Police Superintendent Jody Weis, had called for Mette's release.

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 appeals court ruled. "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."

The appeals court sent the case back to district court for a judgment of acquittal.

Jennifer Pomatto, Mette's sister, said the family is 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 said. "Until it's finalized we're all still a little cautious."

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.

Weis, the Chicago police superintendent, issued a written statement Wednesday calling the decision "a vindication for Officer Mette, who was confronted by a violent attacker and acted in self-defense."

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."