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To: Melas
Forget the columnist. I read the judge’s ruling. I don’t recall any mention of a severe beating. Just a single punch, provoked by physical assault on Mette, after which Mette’s assailant hit the ground and hit his head. There was no testimony (according to the ruling) contradicting that (although, having said that, I'll go back to the ruling and check my facts).

I also read in the ruling that:

a) IL law requires that someone in Mette's situation is required by law to either flee or stand there and take a beating, and...

b) He (Mette) decided against a jury trial.

Mette's only mistake was waiving his right to a jury. He might have benefited from the jurors' innate sense of justice (id est jury nullification).
17 posted on 10/30/2007 6:50:31 AM PDT by LIConFem (Thompson 2008. Lifetime ACU Rating: 86 -- Hunter 2008 (VP) Lifetime ACU Rating: 92)
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To: LIConFem
Even if you read the judges report, which does not detail the medical evidence, you’ll have to dig deeper for that, you’ll see that Gotthard was airlifted from a level two to a level one trauma center because he had multiple hemorrhages in his brain. If you can’t see the significance there, let me know and I’ll explain it more detail.
18 posted on 10/30/2007 6:55:03 AM PDT by Melas (Offending stupid people since 1963)
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To: LIConFem; Melas

Yep, checked my facts. No “severe beating”, just a single punch after being pushed three times (assaulted). Mette’s attacker deserved what he got. The fact that he cracked his melon on the pavement is unfortunate, but no one’s fault but his own.


19 posted on 10/30/2007 6:56:35 AM PDT by LIConFem (Thompson 2008. Lifetime ACU Rating: 86 -- Hunter 2008 (VP) Lifetime ACU Rating: 92)
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To: LIConFem
"IL law requires that someone in Mette's situation is required by law to either flee or stand there and take a beating,"

That's right, but this is IA, which requires the same thing. MN and WI do also.

"He might have benefited from the jurors' innate sense of justice"

No, this happened in Dubuque, IA. htere would have been libs on the jury and both the prosecutor and judge are libs.

32 posted on 10/30/2007 8:06:44 AM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: LIConFem
"Just a single punch"

The judge said, "Mike planted a fist into Jake's face ...". Which was enough to find that an assault took place.

The judge left unsaid whether it was limited to that one punch. It was irrelevant.

The defendant claimed there was only one punch. You believe him. But he lied to the police when they showed up, claiming Jake was drunk and fell.

39 posted on 10/30/2007 8:46:33 AM PDT by robertpaulsen
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