The police had 11 days to come up with a photo of the fist they say put a man in a coma.
They failed to find it, and now the attorneys representing the New Lenox man charged with throwing the tragic coma punch are going for a mistrial.
The purported picture shows the hand of Joseph Messina, the man standing trial for allegedly pummeling 29-year-old Eric Bartels of Joliet in July 2009 so severely that Bartels is still in a coma.
Messina, 23, allegedly knocked Bartels to the ground with one punch outside the Mokena bar 191 South. After Bartels fell, a witness testified, Messina straddled him, punched his face again, then "raised his arms above his head in victory."
Mokena police Detective Gregory Selin testified on June 28 that he photographed Messina's right hand after the New Lenox man was taken into custody following the July 2009 incident.
Neither prosecutors nor Messina's lawyers were aware of the picture and, in the words of Will County Judge Sarah Jones, the trial "just came to a screeching halt after that."
Jones gave the police until Monday to find the photo but apparently it is still missing, if it exists at all.
Prosecutor Chris Koch admitted to Judge Jones during a brief hearing Monday morning that the police have not come up with the picture.
"To my knowledge, there's no record of a photograph existing," said Koch, who later added, "I believe they've done a throrough job to see if it exists."
Dave Carlson, one of the two attorneys representing Messina, said he would have papers drawn up and filed by Friday in hopes of Jones declaring a mistrial.
A hearing was set for July 19 to determine whether Carlson's bid succeeds or if the trial will continue.
If the general public had any idea how often this happens, there would be riots in the streets. Do a quick google search for 'police missing video evidence'. http://www.komonews.com/news/local/130209878.html "The KOMO 4 Problem Solvers have discovered that tens of thousands of police dash-cam videos —potentially critical evidence— have vanished from the Seattle Police Department. " http://iamthewitness.com/Bollyn/Bollyn-Video-Evidence-Destroyed.html Williams shocked the court during the first session with Judge Fecarotta when he said that the police videotape evidence of the assault and TASERing had been "recycled." http://www.joshuapondlaw.com/missing-video-evidence
Riley Fox Drew Peterson Joseph Messina Large quantity of Heroin 'lost' at Sheriff's office. We need the feds to shine a light on these roaches.
Should we still elect him for DA if he 'helped' the police 'loose' the photo? Now that might show some real competency and fortitude.
There are other articles online that talk about this case, Mr. Messina was hiding in a white van after he attacked Mr. Bartels and had to be threatened by a taser twice by a police officer because he knew he got caught doing something wrong and wouldn't listen to the officer. Why can't that be evidence enough along with the witnesses? We have a bad justice system.
1. I love America, this kid is innocent until proven guilty and the system works. He said he didn't do it, and it's word of mouth against word of mouth. That's not going to work in court. 2. Even if this kid did do it, it was a fight. I'm sure he never intended to put Eric in a coma for life, that is if he did do it. America is getting so wimpy. People fight and stuff happens. I would bet good money that both parties had a lot to do with the fight. 3. Are you a victim if you provoke a fight , then lose? Like if a kid gets bullied and then fights back, should the kid who got bullied get punished for fighting?? I know I would tell my kids to fight back if they did.
Read the other articles online that give quotes on what happened from witnesses that were not affiliated with either party and from the police. Then you can say innocent until proven guilty. I'm sure he didn't mean to punch him, oh wait, he did twice and while on top of mr Bartels he raised his hands in victory. Oh yeah, he didn't mean to cause harm. Causing harm is something you have to be punished for. Did anyone else have mr Bartels DNA on them? Yep, he's innocent alright. Justice needs to be served for hurting another person, especially the way he did. He sounds unstable and there is no proof he won't do this again.
I love apple pie and chevrolet, as well, but don't you think the kid in the coma (nobody knows HIS name) should at least get a shot at justice? He was trying to prevent a fight between the big-mouth footballer and another guy. Men need to show more physical restraint than women, and a HUGE guy needs to show even more restraint. Kind of like a Karate expert, when you are that strong- you need control. Getting loaded at a bar is a good way to loose control, coupled with a steroid rage, and you have a recipe for disaster. I understand that Messina didn't mean to do it- he's sorry (now), and should he get away with this, I doubt he'll do it again for at least six months. He's really learned his lesson, so you say. Winner-takes-all in the fight? Me GRONK. Me shake fist! Me mad ! There is NO good in any of this. 191 S is a pit. And to think they were worried about Tilted Kilt.
Also who started this fight? From people around that night, they say Joe did not instigate this fight. What if Eric threw a punch inside? Can you protect yourself. Oh and alcohol is a bad reason, I'm sure both parties were loaded as well.
So if someone was defending himself and hit the person once and then again and threw his hands up in victory does that make it okay because he was "defending"himself? They did state there were other witnesses, witnesses who didn't know either party. Hope those people that say mr Messina didn't instigate the fight gave their statements to the police.
This is the foundation of what our legal system represents. Think about the alternative, REALLY think about it. What happens when you are the innocent person locked up with no evidence?
I am all for both parties attorneys presenting their evidence (evidence they can find) and letting a group of 12 locals decide what exactly happened. I don't think the jock deserves special treatment because he is popular or can handle a pigskin. >> Mokena police Detective Gregory Selin << I REALLY do not want this case decided by keystone-cop antics such as 'lost photo' . Let me have a look at that memory card- I'll pull that photo off. People should be absolutely OUTRAGED that the police bumbled this slam-dunk case. Heads should roll for gross incompetence and dereliction of duty. Not 'desk-duty' or midnight shift- canned without pension- like in the business world. Stop making excuses for losers.
All I wish for is a fair trial.
Witnesses who didn't know either party.