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WEST DES MOINES — No one disputes that Michael Mette punched Jake Gothard, fracturing his nose, cheek and jaw, during a drunken altercation in Dubuque two years ago.
But police and prosecutors in Illinois are outraged that Mette, a 31-year-old Chicago police officer, is now sitting in an Iowa prison cell serving a five-year sentence.
Supporters say Mette, in town to celebrate his brother's 25th birthday, tried to avoid a fight and only struck back after Gothard followed him from a party and pushed him three times. Both men had been drinking, but Mette's supporters say Gothard's blood-alcohol level was more than three times the legal limit to drive.
Cook County State's Attorney Richard Devine and Chicago Police Superintendent Jody Weis have asked Iowa Gov. Chet Culver to pardon Mette, who is on unpaid leave while serving his sentence at a state prison in Rockwell City.
"Once you are aware of the full record in this case, I am certain that you will agree that this young man should not be in prison," Weis told Culver in a letter sent earlier this month.
Culver's aides said the governor doesn't comment on ongoing legal proceedings but is aware of the situation. They acknowledged that Mette has asked for a commutation of his sentence. Mette also has appealed the case, and arguments before the Iowa Supreme Court are set for next month.
Despite the uproar, Dubuque County Attorney Ralph Potter defends the charge against Mette, saying his office offered to negotiate a plea, but Mette's family "made it very clear that he would not plead to an assault charge of any kind."
"We would have certainly negotiated something else if they would have been willing to admit some responsibility, but they never were," Potter said. "It would kind of be an insult to the system to not have at least an assault conviction out of this."
There was no telephone listing for Jake Gothard in the Dubuque area. A telephone message left at a number believed to be Gothard's parents in Bellevue, Iowa, wasn't returned.
As it stands now, Mette's career as a police officer is likely finished due to the assault conviction. Mette's family and supporters wonder if he got fair treatment from the courts and the police officers who responded to the fight.
"Mike was hit three times in the chest before he reacted. He left the scene of the party," said Mette's older sister Jennifer Pomatto of Plainfield, Ill. "I don't know what else Mike could have done to avoid the situation."
She wants to know why Gothard didn't even get a ticket for underage drinking. She added that one of the police officers knew the Gothard family and the other, a female officer, had had drinks with Gothard's roommate.
Mette argued self defense at his November 2006 trial. First Judicial District Judge Monica Ackley found him guilty of assault causing serious injury but said Mette was not the initial aggressor of 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."
For now, Mette is in prison awaiting a probation hearing and his appeal, said his father, Bob Mette. "He's frustrated and he's bored because he can't understand why he's there for defending himself," his father said.
© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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{"commentId":2450700,"authorDomain":"wakemenow"}
He's locked up where I'm living...didn't know about this.
It's self-defense when a police officer uses excessive force but do you really think that plea (with no willingness to admit any responsibility) would hold for us civilians? Not a chance. Five years does seem a bit much, but then again 7 year sentences for drug possession (without intent to sell) are awfully excessive as well. Maybe he should take up his grievances through the proper channels after his release, like the rest of society is required to do. OR accept the plea bargain the state offered.
I'm not feeling much sympathy for Officer Mette, sorry.
{"commentId":2450700,"threadId":"331644","contentId":"1747294","authorDomain":"wakemenow"}
#1 - Thu Aug 14, 2008 3:55 AM EDT{"commentId":2454380,"authorDomain":"ironhorse"}
There is no mystery here. The general public believes that if a cop gets caught up in some bull$#!t it's his own fault. They believe that if there is ever an altercation with a cop is involved, automatically, he started it. Cops are not allowed to defend themselves. I've worn a badge for 15 years and I've watched good cops get the shaft in the aftermath of "off-duty altercations." I went to a club with friends, saw someone in there that I had arrested and he decided he wanted to "get even" with ol' sarge for puttin' him in jail (the guy went down on parole violations for burglary and delivery of a controlled substance... a real pillar of society). He follows me outisde when I left, tries to jump me with a club! OK... I'm not a billy bob bad ass but I can hold my own... 5'10, 300 lbs... ex wrestler. I also happen to be an Aikido instructor. Yeah... you think they didn't try to have fun with that? I was on administrative leave for a week until all of this was "investigated" by IA. They said I shouldn't have been there. Like I have no business having a life away from the PD. See, cops never have a chance at a fair shake.
{"commentId":2454380,"threadId":"331644","contentId":"1747294","authorDomain":"ironhorse"}
- 3 votes
{"commentId":2454662,"authorDomain":"kurtdermensch"}
I believe you but of course they are going to hold you to a higher standard. I get the same nonsense to some degree being in the various fields that I'm in and it's intrinsic. What ayagonnado? I wear uniform and Badge also and a DPS license and I am accused of all of those same things.
I catch all of the exhaust wake and abuse from you guys and don't get any of the respect or glory and I put my life on the line just the same so how do you think I feel?
Over 2/3 the casualty rate for security Officers who protect the Airports and Bridges, and government buildings, Public utilities and installations etc...from crime and terrorism compared to police officers. Many of us go through the academy and are highly trained. Tjhe academy is not the same or as intensive as yours probably. Most people don't know that or care. I know that. What you are saying Sarge but just as many SO have given us a bad name as Rent a cops, many bad cops have given you a bad rep as having a strong arm and a heavy badge.
{"commentId":2454662,"threadId":"331644","contentId":"1747294","authorDomain":"kurtdermensch"}
- 2 votes
{"commentId":2450762,"authorDomain":"ahornok"}
That is funny. I know a guy who was involved in a murder and became a cop. In fact, he said he and others killed somebody. I have felt threatened before and ever since. To answer your question, I was never involved, only assaulted, and abducted in a separate situation but the same people were involved. I was lucky, I got to run away. Others are still on the loose. Yes, they even pulled an investigation, but I guess my welfare and wellbeing 'simply put' was never important to deal with. It was strait ignored.
{"commentId":2450762,"threadId":"331644","contentId":"1747294","authorDomain":"ahornok"}
#2 - Thu Aug 14, 2008 4:21 AM EDT{"commentId":2450765,"authorDomain":"gormenghast4"}
Mette attempted to leave - did leave, was attacked three times before he defended himself, even Judge Judy would call this self defense! Accepting a plea ruinous to one's career doesn't seem like much of an option in a self-denfense case.
{"commentId":2450765,"threadId":"331644","contentId":"1747294","authorDomain":"gormenghast4"}
#3 - Thu Aug 14, 2008 4:21 AM EDT{"commentId":2450829,"authorDomain":"wakemenow"}
I agree that plea bargains are no fun, but this is the system we've created and this is how it works for ordinary civilian offenders. So why should Mette be above that just because he's a cop? Maybe this experience will inspire him to join up with a non-profit organization upon his release (since he won't likely be going back to work as a cop) to expose this unfortunate flaw in the system that basically renders people damned if you do and damned if you don't. We might actually get somewhere if we actually had law enforcement on the side of the people, upholding just and fair sentencing.
{"commentId":2450829,"threadId":"331644","contentId":"1747294","authorDomain":"wakemenow"}
{"commentId":2450796,"authorDomain":"kurtdermensch"}
Even Judge Judy? a low grade, bottom of the barrel, loud mouthed, man hating, disrespectful embarrassment of a sham of a travesty of a For-a-Buck adjudicator?.....
That would lend it a margin of credibility...
{"commentId":2450796,"threadId":"331644","contentId":"1747294","authorDomain":"kurtdermensch"}
- 2 votes
#4 - Thu Aug 14, 2008 4:38 AM EDT{"commentId":2454249,"authorDomain":"ironhorse"}
Sarge rolls on the floor laughing... tears rolling down his cheeks... he pounds on the floor... wait... wait... YES! he just squirted milk out of his nose!!!
{"commentId":2454249,"threadId":"331644","contentId":"1747294","authorDomain":"ironhorse"}
- 2 votes
{"commentId":2450980,"authorDomain":"mike-amata"}
America loves putting people in jail. Simple.
3 Million and counting.
Legislation crazy, money, twisting words, sounds much like the politics of Old England.
{"commentId":2450980,"threadId":"331644","contentId":"1747294","authorDomain":"mike-amata"}
- 2 votes
#5 - Thu Aug 14, 2008 6:37 AM EDT{"commentId":2454263,"authorDomain":"ironhorse"}
Hmmm... sounds like Michael has had his ass tossed in the can before...
{"commentId":2454263,"threadId":"331644","contentId":"1747294","authorDomain":"ironhorse"}
- 2 votes
{"commentId":2454458,"authorDomain":"kurtdermensch"}
Actually he is more than correct and I have never been in the hutch but had to advocate for many who should never have been there...Just like this cop who should not be there.
He had every right to defend himself and if I could advocate for him I would but I wouldn't qualify as it wouldn't be my particular area and he is covered apparently with lots of qualified people.
{"commentId":2454458,"threadId":"331644","contentId":"1747294","authorDomain":"kurtdermensch"}
- 2 votes
{"commentId":2451011,"authorDomain":"carl-fordjr"}
i know this may be 'effed up, and i think the guy really should be released
But how many of our citizens are wrongfully locked up every year, because the judge is having a "bad day"
{"commentId":2451011,"threadId":"331644","contentId":"1747294","authorDomain":"carl-fordjr"}
- 1 vote
#6 - Thu Aug 14, 2008 6:55 AM EDT{"commentId":2451164,"authorDomain":"dannymcgee"}
I'm not usually a huge fan of law enforcement, but this is ridiculous. I would expect that if I'm at a bar, or a party, or anywhere else drinking might be involved, and I'm physically threatened by a drunken individual who follows me after I leave, that I would have the right to defend myself without fear of an assault charge and prison time. This guy should be released and the charges should be dropped.
{"commentId":2451164,"threadId":"331644","contentId":"1747294","authorDomain":"dannymcgee"}
- 2 votes
#7 - Thu Aug 14, 2008 7:44 AM EDT{"commentId":2454387,"authorDomain":"pokerking1313"}
This is what is going to destroy this country, 2 drunks in a fight 40 years ago would never have even made a written report, this government has gotten way out of control with prosecutions.
This is a clear example on how these social reform morons waste our tax dollars.
{"commentId":2454387,"threadId":"331644","contentId":"1747294","authorDomain":"pokerking1313"}
- 5 votes
#8 - Thu Aug 14, 2008 1:44 PM EDT{"commentId":2454635,"authorDomain":"LarryH"}
First Judicial District Judge Monica Ackley found him guilty of assault causing serious injury but said Mette was not the initial aggressor of 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."
A woman judge with a four-word title who doesn't acknowledge self-defense! She needs to be retired from authority over others. Perhaps he was punished for not accepting the plea bargain. Iowa Gov. Chet Culver should correct this travesty of justice.
{"commentId":2454635,"threadId":"331644","contentId":"1747294","authorDomain":"LarryH"}
- 2 votes
#9 - Thu Aug 14, 2008 2:06 PM EDT{"commentId":2457755,"authorDomain":"ironhorse"}
Hear! Hear!
{"commentId":2457755,"threadId":"331644","contentId":"1747294","authorDomain":"ironhorse"}
{"commentId":2457713,"authorDomain":"wakemenow"}
What strikes me is that I seriously doubt anyone would care about defending this man had he not been a police officer. It is screwed up that he was denied the right to self-defense, just as it's screwed up that many others are denied this right and judged harshly. Had he been just a regular joe bar patron, would this have even been deemed news-worthy? Highly doubtful.
{"commentId":2457713,"threadId":"331644","contentId":"1747294","authorDomain":"wakemenow"}
#10 - Thu Aug 14, 2008 7:00 PM EDT{"commentId":2458718,"authorDomain":"kurtdermensch"}
Absurd! and ludicrous except the newsworthiness part perhaps....but I assure you that the outrage and seething is being felt regardless of who the person is and the fact that this person was law enforcement just peaks the contempt that our system has for its own people which is probably
WHAT MAKES IT NEWSWORTHY!
If they will do it to him, they will do it you or me and trust me....they will, I've seen it personally!
{"commentId":2458718,"threadId":"331644","contentId":"1747294","authorDomain":"kurtdermensch"}
- 2 votes
{"commentId":2460118,"authorDomain":"wakemenow"}
Don't misunderstand me, Kurt. I'm not glad, per se, that this guy is in jail. In fact, I don't really care. My point is that they ALREADY do it to all of us and have been doing so for a long time now. The system does have contempt against its own, you are correct, but it already had growing contempt for all of us.
All I'm saying is just because he is a cop does not afford him the special privilege of being above the law. If civilians are to be treated one way, cops who are found guilty of breaking the law deserve equal treatment. Some feel that those who make and uphold the laws actually deserve stiffer punishment, which I feel is valid as it restores faith in the law and creates a disincentive for internal corruption.
The laws do need to be reassessed, absolutely. Some of us have been saying this for years. It didn't take a cop getting arrested for some of us to care about how intrusive and oppressive our criminal justice system has become. We already knew.
Lots of everyday folks out here are being busted on bogus charges, including our right to self-defense, and only in extreme cases are they deemed news-worthy. Even then, the defendant's claims are commonly dismissed by the general public as lies, with guilt automatically assumed. Why should Mette expect or receive more lenient sentencing? He shouldn't.
{"commentId":2460118,"threadId":"331644","contentId":"1747294","authorDomain":"wakemenow"}
{"commentId":2460409,"authorDomain":"kurtdermensch"}
I agree and I don't believe he or anyone else does. I really don't believe that's the case at all. I believe as I said that it's because he is Law enforcement that it peaks the contempt in the eyes of the public.
Whether accurately or not it is a matter of image or perception.
{"commentId":2460409,"threadId":"331644","contentId":"1747294","authorDomain":"kurtdermensch"}
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