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Iowa appeals court orders Chicago officer freed
Chicago Officer Jai 5059013
This undated photo, supplied by the Iowa Department of Corrections, shows Chicago police officer Michael Mette, who is serving a five-year sentence in an Iowa prison cell after being convicted of assault causing serious injuries. The charges stem from a 2005 fight in which Mette punched Dubuque student Jake Gothard, who suffered a broken nose, cheek and jaw. The Iowa Court of Appeals on Wednesday, Oct. 1, 2008, ordered that Mette be freed from prison. In its ruling Wednesday the appeals court says there wasn't enough evidence for a Dubuque County district court judge to find that Mette could have retreated from the altercation on Oct. 9, 2005, in Dubuque. - photo by Associated Press

    DES MOINES, Iowa — An appeals court Wednesday ordered a Chicago police officer freed from prison in an Iowa assault case that has 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.
    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 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.
    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.

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