Iowa Attorney General Tom Miller announced late this afternoon that he will not pursue any further legal action against Mette, who was convicted in a controversial assault case in Dubuque in October of 2005. Mette was arrested after he was attacked by a drunk college student. Mette punched the aggressor, but it was the off-duty Chicago cop who was convicted of assault and sentenced to five years in prison.
The Iowa attorney general's office, in a statement sent to the ABC7 I-Team, says that they disagree with the court of appeals. However, they will not pursue any further action against Mette. This is the full statement from Attorney General Miller:
"The Iowa Attorney General's Office has decided not to ask the Iowa Supreme Court to review the Court of Appeals decision in State v. Mette. While the Attorney General's Office disagrees with the Court of Appeals analysis, it accepts the outcome. This case hinges on the factual findings set out in the district court ruling and does not present the kind of clear legal issue which would be necessary for a successful application for further review to the Iowa Supreme Court."
The past few months, Chicago Mayor Richard Daley, Chicago Police Superintendent Jody Weis and Cook County State's Attorney Dick Devine all gave public support to Mette and each wrote a letter to the Iowa governor on Mette's behalf.
Last week the state court of appeals in Iowa ruled that Mette's conviction be thrown out, supporting the Chicagoan's contention that he was acting in self defense.
According to a spokesman for the attorney general, "The process toward Mr. Mette's release could move quickly (perhaps within a day or two), but a couple official steps must be taken, including the Supreme Court must issue an order closing the appeal (called procedendo), and there must be final processing and arrangements by the Dept. of Corrections."
Mette is being held at an Iowa prison in Rockwell City, northwest of Des Moines.