Second trial begins in 2009 Mokena battery case

A man stood trial for a second time over charges alleging he caused great bodily harm to another man during a fight outside a Mokena bar about 12 years ago.

The second trial to determine the fate of Joseph Messina, 33, of New Lenox, began Tuesday. A jury will decide whether Messina 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.

During opening arguments, Special Prosecutor Brooke Shupe said several witnesses identified Messina as the man who punched Bartels and the state would introduce scientific evidence linking Messina to the crime.

“We don’t have the wrong guy,” Shupe said.

Messina’s attorney, Jeff Tomczak, said the case was “not a whodunit” but rather about whether the state could meet their burden of proof beyond a reasonable doubt. He said the state ignored crucial evidence that “points the finger” not at Messina but at someone else.

“None of the witnesses tell the same story,” Tomczak said.

Messina was previously tried in a bench trial presided by Judge Sarah Jones in 2012. Jones found Messina guilty of throwing the punch that permanently disabled Bartels and sentenced him to 30 months’ probation.

However, the 3rd District appellate court reversed Messina’s conviction.

The appellate court determined that Jones received a copy of a news release on her verdict from the Will County State’s Attorney’s Office and waited more than 60 days to notify the defense before she sentenced Messina. Jones said she did not read the release.

“Because the judge here did not disclose the communication to the parties ‘as soon as practicable,’ she did not avoid the appearance of impropriety,” Appellate Judge Mary O’Brien said.

After the case was sent back to Will County court, special prosecutor Charles Colburn was assigned to the case. He was in court Tuesday with Shupe.

The first witness called was 37-year-old Anna Giorgi, who’s last name was previously Minette, who had gone out to the bar with several other people, including Bartels.

Giorgi said Messina and Bartels got into an altercation and she heard a “loud crack” before seeing Bartels on the ground. She said she didn’t see who punched Bartels.

Giorgi said she identified Messina as the assailant to the police and she identified him in court as the man involved in the altercation.

Steven Kowalczyk, 38, was the next witness called. Kowalczyk said he was at the bar in his capacity as an employee for a company that provided transportation for people too intoxicated to drive home.

Kowalczyk said he saw a short, muscular man strike a tall, slim man outside the bar. He didn’t identify the two men by name. He said he then saw the shorter man deliver another blow to the man after he collapsed to the ground. Kowalczyk said he kept his eyes on the assailant and pointed out his location to police officers, who then arrested him.

Tomczak motioned to strike Kowalczyk’s testimony on the grounds that it had no connection to his client. Judge Vincent Cornelius dismissed the motion, saying Kowalczyk’s testimony was subject to cross examination.