Jury weighs fate of man in 2009 Mokena battery case

A jury deliberated in the case against man charged with throwing the punch that permanently disabled a man outside of a Mokena bar in 2009.

About 1:15 p.m. Monday, the jury was released to decide whether Joseph Messina, 33, is guilty of battering Eric Bartels on July 25, 2009, outside 191 South bar in Mokena. Bartels’ head struck the pavement during the incident and he suffered a brain injury that left him paralyzed, blind and mute.

The jury broke about 8:30 p.m. and was scheduled to continue deliberating at 10:30 a.m. Tuesday.

A second trial was held for Messina after the appellate court overturned his previous conviction by Judge Sarah Jones. The Will County State’s Attorney’s Office agreed to not prosecute the case again to avoid the appearance of impropriety.

The trial began Nov. 16 and concluded with closing arguments on late Monday morning.

Special Prosecutor Charles Colburn told the jury that the state’s case was comprised of solid evidence and sober, impartial witnesses: Paddy Wagons employees Steven Kowalczyk, Jason Siegert, and the bar’s bouncer, Jody Sisco.

All three men were at the scene of the incident and identified the man an officer arrested – Messina – as the offender, Colburn said.

Colburn said the late Tony Minette, who died last year, testified at Messina’s first trial that he was with Bartels when Messina swung and he ducked following a verbal altercation. Minette said he heard a loud pop and saw Bartels on the ground.

Colburn said the “reasonable inference” from Minette’s testimony is that Messina struck Bartels.

“Only the defendant could have hit Eric,” he said.

Colburn said there was also DNA evidence showing Bartels’ blood on Messina’s shirt and pants.

Messina’s attorney, Jeff Tomczak, contended the state had not proven their case beyond a reasonable doubt and that evidence identifying Messina as the puncher is lacking.

“Is there anything clear about this case?” Tomczak said.

He argued other witnesses pointed to Mike Glielmi as the real puncher and the reason witnesses near Bartels didn’t see the punch was because it was a “sucker punch” and a “sneak attack.”

“That’s what Mike did to Eric that night,” Tomczak said.

Tomczak said Mokena police never eliminated Glielmi as a suspect and that he should have been investigated “completely and totally in this case.”

Glielmi has never been charged with the crime and he once again invoked his constitutional right against self-incrimination last Friday.

Tomczak said the DNA evidence does not say Messina was the puncher and Bartels’ DNA could have gotten on his clothes by other means.

Colburn said none of the defense’s witnesses indicating Glielmi as the offender gave the police a reason to investigate Glielmi.

“It’s not even worth considering,” Colburn said.

Colburn said Steve Raymond – who has twice accused Glielmi of punching Bartels – let years go by before coming up with another story to help Messina, a man Raymond said he considers a brother.

On Friday, Raymond testified once again that it was Glielmi who threw punch, not Messina. Raymond said he had advised Glielmi to obtain a lawyer and then come forward about the incident.

“I truly thought he would come forward,” Raymond said, claiming that was why he did not go to the police with this information.

Raymond admitted he lied to the police when he told them he didn’t see who hit Bartels.