Man found guilty again of throwing life-altering punch in 2009

A New Lenox man was once again found guilty of delivering the punch that permanently disabled a man outside a Mokena bar 12 years ago.

About 2:15 p.m. Tuesday, the foreman of the jury announced they found Joseph Messina, 33, guilty of committing the aggravated battery of Eric Bartels 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 deliberated from early Monday afternoon until the evening and resumed deliberations again late Tuesday morning. Judge Vincent Cornelius, who presided over the trial, said on Tuesday he had received a note from the jury at one point explaining they were deadlocked 10-2, with 10 jurors favoring a guilty verdict.

Messina looked down when the jury returned the guilty verdict and at one point slowly shook his head.

Judge Sarah Jones found Messina guilty of battering Bartels on Jan. 3, 2013, following a bench trial that began the previous year.

An appellate court overturned Messina’s conviction and ordered a new trial in 2015.

Messina had already completed his probation, according to his attorney, Jeff Tomczak. Messina has already paid $39,900 in restitution as well. Tomczak motioned for the return of that money after Messina’s successful appeal but a judge never ruled on it.

Messina’s sentencing was scheduled for March. Special Prosecutor Charles Colburn said research will need to be done to determine whether Messina may face a new sentence.

Bartels’ family declined to comment after the jury delivered the verdict.

Colburn thanked the civilian and medical witnesses for their cooperation. He also thanked the Mokena Police Department for still keeping evidence in the case.

“It took a lot to put together a 12-year-old case,” Colburn said.

Colburn had prosecuted the case with Special Prosecutor Brooke Shupe.

Special prosecutors were assigned to the case after the Will County State’s Attorney’s Office agreed to step aside to avoid the appearance of impropriety in the wake of the 2015 appellate ruling.

Tomczak told Cornelius that he planned to file a motion for a new trial, which is expected in January.

Tomczak said he disagreed with the jury’s verdict. He said he thought there was enough evidence pointing to Mike Glielmi as the real offender to raise enough reasonable doubt in the case.

“Apparently, the jury disagreed,” Tomczak said.

Glielmi was identified by Messina’s friend Steve Raymond as the man who punched Bartels but Raymond did not make that claim until the 2012 trial.

The 3rd Appellate Court had reversed Messina’s conviction after determining 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.