Jury mulls ’09 bar fight
New Lenox man, 33, awaits fate in second trial for Mokena attack
Attorneys for a New Lenox man facing prosecution a second time for a 2009 attack outside a Mokena bar told jurors Monday that prosecutors did not provide enough evidence to convict.
Joseph Messina, 33, faces two counts of aggravated battery for the attack. Messina was convicted in 2012 on three charges of aggravated battery and given 30 months probation and 250 hours of community service. An appellate court overturned the conviction and sent the case back for a new trial in 2015, after finding the Will County state’s attorney’s office improperly sent the judge an email following the bench trial.
Messina was charged following a bar fight with Eric Bartels, of Tinley Park, outside 191 South, a former bar and restaurant in Mokena. Bartels, who was 26 at the time of the attack, suffered a traumatic brain injury that left him blind, paralyzed and unable to speak. Messina is accused of delivering the blow that caused Bartels to hit his head on the concrete.
A jury of seven men and five women heard Messina’s case this time in a trial that began Nov. 15. About 5 p.m. Monday, the jury foreman sent a note to Judge Vincent Cornelius saying that after nearly four hours of deliberations, the jury had not made any progress.
Jurors were still deliberating early Monday evening, and dinner had been ordered.
A special prosecutor was assigned to the case following the appellate court’s ruling in 2015. While Messina originally faced three counts of aggravated battery, one count was dropped after the case was remanded for a new trial.
During closing arguments, defense attorney Jeff Tomczak argued prosecutors had not presented enough evidence to render a guilty verdict beyond a reasonable doubt. He highlighted testimony in which some witnesses were unable to identify Messina as the one who punched Bartels. He also pointed to conflicting descriptions from witnesses who said the person they saw punch Bartels had on clothing different from what Messina was wearing that evening.
“Is there anything clear about
this case,” Tomczak asked, countering a claim by Charles Colburn, the special prosecutor, that witnesses provided clear and convincing evidence that Messina threw the punches.
“This evidence is just not enough,” Tomczak said.
During the first trial, prosecutors said the 2009 attack was unprovoked and that Messina threw his second punch after Bartels was already on the ground from the first one. Testimony presented in both trials suggested the punches were thrown after a remark was made about a bloodstain on Messina’s shirt.
Colburn reminded jurors of testimony from witnesses who saw Messina punch Bartels, and one witness who said Messina lifted his hand in a victory sign after
Bartels hit the ground.
“Five eyewitnesses identified the defendant as the attacker or as the one who was close enough to hit Eric,” Colburn told jurors.
Tomczak declined to comment on the case as jurors deliberated. However, he said Messina served the 30-months of
probation, completed 250 community service hours and paid thousands in restitution to Bartels’ mother, as originally ordered by Will County Judge Sarah Jones at his first trial.
Even if found guilty, Tomczak said Messina may not face any additional penalties.
“He’s done nothing but live a stellar life for the entire time, both on and off probation,” Tomczak said. “Legally there would be no reason to increase the penalties.”