AG's decision means Chicago officer to go free


Iowa Attorney General Tom Miller decided today not to seek a review of a state appeals court ruling overturning the assault conviction of a Chicago police officer.

The officer, Michael Mette, could be quickly released from the Rockwell City state prison, perhaps within a day or two, state officials said.


The Iowa Court of Appeals threw our Mette’s conviction last week and ordered a Dubuque County District Court to acquit the officer.

Miller had 20 days to ask the Iowa Supreme Court to review the ruling, but he acted Tuesday by announcing that while he disagreed with the Court of Appeals analysis, he accepted the outcome.

“This case hinges on the factual findings set out in the District Court ruling and does not present the kind of clear legal issue which would be necessary for a successful application for further review to the Iowa Supreme Court,” according to a statement issued late this afternoon by Miller’s office.

Mette, 31, has been serving a five-year prison sentence that stemmed from an incident while he visited Dubuque on Oct. 9, 2005, to celebrate his brother’s 25th birthday. He went to a party at the home of Jake Gothard and quickly decided to leave, but Gothard became angry. Gothard and another man, Nicholas Boyd, followed Mette and his friends, yelling and threatening them with physical violence.

After some threats, pushing and shoving, Mette punched Gothard, breaking the man’s nose, cheek and jaw and knocking him unconscious, the court said. Gothard's blood-alcohol content was .27, more than triple the level at which an Iowa motorist is considered intoxicated, court records show.

When police officers arrived at the scene and questioned Mette and his brother, they both claimed Gothard had been drunk and fell down, according to court testimony.

An officer then noticed blood on Mette's hand and shirt and questioned him further. Mette then admitted punching Gothard, the court said. Mette claimed self-defense, but was convicted by Dubuque County Judge Monica Ackley. She ruled Mette had an obligation tor retreat from the situation.

Mette’s case gained widespread attention in Illinois, where the conviction was viewed as outrageous. Chicago Mayor Richard Daley wrote to Iowa Gov. Chet Culver, seeking a pardon for Mette. So did Cook County State’s Attorney Richard Devine and Chicago Police Superintendent Jody Weis.