Guilty Verdict Reversed in Mokena Bar Brawl Coma-Punch Case

An appellate judge questioned whether there was enough evidence to find a New Lenox man guilty of punching another man into a coma during an altercation outside a Mokena bar.

While appellate Judge Mary McDade found two factors that led her to believe a jury would find 27-year-old Joseph Messina not guilty if he was tried again, they had nothing to do with the New Lenox man getting his verdict reversed. Instead, the appellate court based its decision on the way a Will County judge handled an email she received from the state’s attorney’s office after she handed down her guilty verdict on Jan. 3, 2013.

The email sent to Will County Judge Sarah Jones bore the subject line, “Messina case,” and stated: “Judge Jones, (State’s Attorney) Jim (Glasgow) wanted you to see a copy of his statement that went out regarding the Joseph Messina case.”

Attached to the email, which was sent by an executive assistant from the state’s attorney’s office, was a press release. The release quoted Glasgow saying: “This was a senseless and unprovoked act of aggression on the part of Joseph Messina that literally destroyed Eric Bartels’ life. The defendant’s conduct — striking the victim while he lay helpless on the ground and then cheering victoriously over him — reflects the culture of violence woven into every aspect of our entertainment and media,” and, “Fortunately, Judge Jones found him guilty after weighing the totality of the evidence as well as the credibility of the defense witnesses. She wisely saw through the fraudulent statements made by a defense witness, who changed his story in order to blame someone else three years after the crime.”

Judge Jones immediately informed the state’s attorney’s office that sending the email was improper, the decision said, but did not let Messina’s attorneys know about it for more than two months.

“She further advised the parties that she had not read the attached press release,” the decision said.

Judge Jones refused to grant Messina a new trial or to recuse herself prior to sentencing.

Appellate Judge Robert Carter disagreed with the decision to reverse the verdict, saying, “In this case, the mere receipt of the unsolicited and unread communication does not demonstrate a reasonable likelihood or appearance that it prejudiced or actually biased the court. In fact, I would respectfully suggest that under the majority’s analysis, the easiest way to obtain a substitution or change of judge would be to send an ex parte communication to the trial judge, which would, according to the majority, result in a presumption of prejudice and the need for disqualification.”

Charles B. Pelkie, the spokesman for the state’s attorney’s office, said prosecutors will petition the appellate court for another hearing on the issue. If they don’t get it, they will try to take the case to the Illinois Supreme Court.

“This was a courtesy copy of a statement that had already been published,” Pelkie said. “The judge stated she never read it. We strongly agree with Justice Carter’s dissent of the issue.”

Messina was found guilty of punching 32-year-old Eric Bartels outside the Mokena bar 191 South in July 2009.

Messina and five friends had gone to 191 South to celebrate his 21st birthday and a fight erupted outside the bar.

During the fight, Messina allegedly punched Bartels, knocking him to the ground. After Bartels fell, Messina straddled his limp body, punched him in the face again and then “raised his arms above his head in victory,” a witness testified during Messina’s trial.

Bartels suffered a fractured skull and brain damage. He was present for Messina’s sentencing hearing and sat in the courtroom aisle in a wheelchair.

Prosecutors played a 20-minute video in court to show Judge Jones what Bartels’ existence has been like since he was punched by Messina. A certified nursing assistant said during the video that Bartels cannot move, eat, drink or communicate and requires constant care.

Despite the one witness who said he saw Messina throw the punch and straddle Bartels, and another who identified Messina as the puncher, numerous other witnesses called to the scene, including those who had been standing around Bartels when he was struck, could not say who threw the punch.

Several other witnesses said the puncher was actually Messina’s friend Michael Glielmi. Glielmi, 27, showed up to the trial with an attorney of his own and refused to testify, invoking his right not to incriminate himself.

Messina was sentenced to two and a half years probation. He was also ordered to turn over $20,000 of his bail money to Bartels’ mother, to pay her $630 a month for the 30 months he is on probation, and to refrain from drinking and complete 250 hours of community service.

Even though the verdict was reversed, Messina has paid nearly all the money.

The two points Judge McDade raised when she said a jury would not find Messina guilty were that the Mokena police failed to produce photographs a detective said had been taken of Messina’s hands and Glielmi’s refusal to testify.

“There was a fair amount of testimony relating to Glielmi: he was present during the altercation; two witnesses testified that someone not Messina punched the victim; one witness testified that Glielmi was the person striking the victim in the manner described by other witnesses; when police went to his home, they were prevented from speaking with him or seeing him — any of him, including his hands; he was called as a witness at trial but invoked his 5th amendment right not to be compelled to testify against himself; his attorney represented, and the State agreed, that Glielmi could be prosecuted if he testified; the trial court found Glielmi was appropriately exercising his constitutional right against compelled self-incrimination,” Judge McDade said. “I would submit that a reasonable jury presented with this evidence would not find Messina guilty beyond a reasonable doubt.”