Civil Rights & Due Process Violations of Michael A. Mette sign now



The Civil Rights and Right to Due Process of Michael Anthony Mette have been violated and his right to life, liberty, happiness granted him by Amendment V and Amendment XIV of the Constitution to the United States have been denied.

We respectfully ask the FBI for an official investigation and Governor Culver for a pardon as well as enter a final order of discharge for Michael A. Mette from prison.

On October 9, 2005 Michael Mette went to Iowa to visit and take his little brother Marc out to celebrate his birthday. Later that night, they had a friend of Marc Mette offer them a ride home. As they headed home, one of them mentioned a party they had heard about and they decided to make one last stop. Jacob Gothard wanted to charge them $5.00 per each person however they decided not to stay as there was nobody else at the party. As they headed outside, Gothard started yelling derogatory comments at the group. The group ignored the comments and continued to Marc's house. Jacob Gothard started going after Michael Mette and as Mike walked away from his belligerent comments, punched Michael in the chest. Michael stated he didnt want to fight and walked away however Gothard came after him again and struck him two more times in the chest. Michael Mette
defended himself against further harm by punching Gothard once.

Judge Monica L. Ackley of the District Court found Michael Mette guilty of the offense of assault causing serious injury in violation of Iowa Code sec. 708.2(4), a Class "D" felony.

708.2(4) A person who commits an assault, as defined in section 708.1, and who causes serious injury, is guilty of a class "D" felony.

708.1 ASSAULT DEFINED.

An assault as defined in this section is a general intent crime. A person commits an assault when, without justification, the person does any of the following:
Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act.
Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.
Intentionally points any firearm toward another, or displays in a threatening manner any dangerous weapon toward another.
Provided, that where the person doing any of the above enumerated acts, and such other person, are voluntary participants in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace, the act shall not be an assault. Provided, that where the person doing any of the above enumerated acts is employed by a school district or accredited nonpublic school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle, or other disruptive situation, that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds, or at an official school function regardless of the location, the act shall not be an assault, whether the fight or physical struggle or other disruptive situation is between students or other individuals, if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled.

Here are the facts to prove that Michael Anthony Mettes Civil Rights and Right to Due Process were violated:

1) Michael A. Mette was held for a short time at the scene of the incident then transported to the police station. Four hours later, he was given the Miranda and charged.

2) Jacob Gothard, 20 years old and a minor in the state if Iowa, was publicly intoxicated and also had alcohol illegally at his place of residence. His initial Bac level at Finley Hospital was .270 and later climbed to .310 at Iowa City Hospital where he was later transported. He was in violation of Iowa Code Chapter 123.47 Possession of Alcoholic Beverages Under Age 21. The legal BAC level in Iowa is .08.

3) Jacob Gothard was not arrested in violation of Iowa Code 123.46 (Public Intoxication) or assault and battery. Gothard had to be restrained by an officer. When placed in the ambulance by personnel, he attempted to remove tubes and tried to leave the ambulance several times. He had to be restrained again by ambulance personnel.

4) All the individuals from the state of Illinois were charged with public intoxication (including Michaels brother, Marc).

5) Nobody told the responding Officers Salmonson and Basten at the scene that Jacob Gothard was touched by anyone after Mike hit him once.

6) Ben Roth, Mike Mettes first lawyer, should have excused himself from representing him as did other lawyers that were contacted by the Mette family due to conflict of interest. Ben Roths father was on the judicial committee that selected Judge Monica L. Ackley for judgeship. This was found out much later after it was too late for Michael Mette. Ben Roth told Michael Mette he should not ask for a jury trial since he was from Illinois and this was Iowa and besides the case was assigned to Judge Nigg.

7) According to DAs Potter and Gallagher, they said Mike was offered a "deal" where he wouldnt have to go to jail. Michael Mette knew nothing about this deal from his lawyer, Ben Roth or anyone else.

8) Judge Nigg who assigned to the case however was replaced by Judge Monica L. Ackley last minute.

9) Judge Monica L. Ackley should have recused herself from the case since Ben Roths father served on the committee that selected her for judgeship in 2003. In addition, the law firm that Judge Ackley had worked at had a partner whose wife was a loan officer at Dubuque Bank that approved many of Curtis Gothards business loans. Curtis Gothard is the Director of Truck Company owned by Robert McCoy. Robert McCoy is on the board of directors at Dubuque Bank.

10) Jacob Gothard only came to court one day when he testified.

11) Judge Monica L. Ackley found Michael Mette guilty of the offense of assault causing serious injury. No doctors stated that Jacob Gothard had any serious injury.

12) Jacob Gothard was released from Iowa City Hospital after a Neurologist treated Jacob Gothard. In fact, Jacob Gothard participated in a major golf tournament for school. He had the best score on the team and then he was arrested for a DUI and leaving the scene of a bar fight.

Its with these facts that Michael Anthony Mette was denied due process and his civil rights. Its in this matter as you can see from the above facts that Mr. Mettes were completely violated. In addition to this petition, complaints have been filed with the Iowa Bar Association and ACLU.

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Theresa DoyleBy:
Transport and infrastructureIn:
Petition target:
State of Iowa Governor Chet Culver and the Federal Bureau of Investigation

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