Jury hears testimony from late witness in 2009 Mokena battery trial

A jury heard testimony about an altercation outside of a Mokena bar in 2009 from a witness who is longer alive.

On the second day of trial, prosecutors introduced the 2012 testimony of the late Anthony Minette III, who died at the age of 39 on Nov. 11, 2020.

Minette had previously testified when he was 30 in the first trial against Joseph Messina, 33, who’s charged with 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.

Messina is undergoing a second trial after the appellate court tossed out his conviction from the first trial presided over by Judge Sarah Jones. The case was handed over to special prosecutors after the Will County State’s Attorney’s Office stepped aside to avoid the appearance of impropriety.

Zack Strupeck, an attorney with the Will County Public Defender’s Office, took the witness stand and read Minette’s June 26, 2012 testimony.

Special Prosecutor Brooke Shupe read Will County Assistant State’s Attorney Mike Fitzgerald’s statements during Minette’s testimony. Messina’s attorney, Jeff Tomczak, read the part of his client’s previous attorney, Dave Carlson, who became a judge in 2013.

Judge Vincent Cornelius had granted Special Prosecutor Charles Colburn’s motion to present Minette’s former testimony under a hearsay exception clause in the Illinois rules of evidence.

Minette had testified that Bartels was his friend and the two were at 191 South with Minette’s sister Anna Giorgi and his cousin Kevin Dahlman.

Minette said he saw Messina at the bar and knew him as an acquaintance. He said when the two of them were outside the bar at one point, he pointed out Messina had a blood spot on his shirt. He said Giorgi and Bartels had also mentioned to Messina he had blood on his shirt.

Minette said he saw another man with Messina at the time of the incident and he believed the two were waiting for a ride.

Minette said Messina was “kind of mad” at Bartels for pointing out he had blood on his shirt again and he asked for Messina’s friend to grab a bouncer as he felt the situation was escalating.

Minette then testified that Messina had “swung and I ducked,” before he heard a “loud pop, then another one.” Minette said he heard his sister screaming and watched her tend to Bartels, who was on the ground. Bartels was initially standing behind, he said.

Minette had identified Messina in court as the man who swung at the direction of him and Bartels. He had also picked Messina out in a police photo lineup after the incident.

Under cross examination by Carlson, Minette admitted he didn’t see Messina hit Bartels.