The Iowa Court of Appeals said Officer Michael Mette's trial judge had no testimony on which to base her ruling that he could have walked away from a fight with another man — but didn't.

Mette had argued self-defense in the 2005 fight in Dubuque with Jake Gothard that left Gothard with a fractured nose, cheek and jaw.

In November 2006, 1st Judicial District Judge Monica Ackley found Mette guilty of assault causing serious injury and sentenced him to five years. She said Mette was not the initial aggressor but could have retreated.

The case prompted an outcry in Chicago, where prominent officials — including Chicago Mayor Richard Daley, Cook County State's Attorney Richard Devine and Chicago Police Superintendent Jody Weis — had called for Mette's release.

In its ruling, the appeals court found that there was no testimony to support Ackley's findings.

The unusual request, from Louisiana and the Bush administration, was based on the failure of anyone involved in the case to take into account a federal law from 2006 that authorizes the death penalty for members of the military who are convicted of child rape.

The state argued that the case should be reopened because Justice Anthony Kennedy relied in part on what he called a "national consensus" against executing convicted rapists. The court split 5-4 in the June 25 ruling.

The justices, by a 7-2 vote, issued an amended opinion Wednesday that adds a footnote concerning military law, but otherwise leaves the essence of the decision untouched.

The provision of military law setting out punishments for rapists "does not draw into question our conclusions that there is a consensus against the death penalty for the crime in the civilian context and that the penalty here is unconstitutional," Kennedy wrote, joined by the four liberal justices who formed the majority in June.

Reopening the case would have taken five votes, including that of at least one justice who voted to ban the death penalty for rapists.

Justices Samuel Alito and Clarence Thomas voted to hear the case again.

Chief Justice John Roberts and Justice Antonin Scalia dissented from the original opinion, but voted against reopening the case.

Defense lawyers maintain that Simpson was just trying to retrieve personal belongings, family photos and heirlooms that had been stolen from him years ago.

On Wednesday, the jury that heard the prosecution's case against Simpson and co-defendant Clarence "C.J." Stewart was scheduled to hear from defense witness, Thomas Scotto, the wedding groom for whom Simpson came to Las Vegas to serve as best man.

Scotto, 46, a North Miami Beach, Fla., auto repair shop owner, served as go-between and banker for Simpson after Simpson's arrest Sept. 16, 2007, and again following his re-arrest in January when he was accused of violating terms of his bail release.

Scotto, who was preparing for his wedding, did not accompany Simpson from the Palms resort pool to the alleged armed robbery in a Palace Station casino hotel room. But his name is heard on audio recordings played for the jury during the first 11 days of testimony in the case.

Simpson and Stewart have pleaded not guilty to 12 criminal charges, including armed robbery and kidnapping. Each man could face five years to life in prison if convicted in the Sept. 13., 2007, confrontation.

The prosecution rested Monday, and the courtroom was dark Tuesday for a scheduled day off. Clark County District Court Judge Jackie Glass said outside the presence of the jury that closing arguments could come as early as Thursday. The jury would then begin deliberations.

Simpson's lawyers told the judge that Scotto could be their last witness. Outside court, defense lawyers said no decisions had been made whether Simpson or Stewart would testify. Stewart's lawyers said they expect to call several witnesses.

Simpson's defense lawyers brought one of the alleged victims, Alfred Beardsley, back to the witness stand. The sports memorabilia dealer repeated that charges against Simpson should be dropped, and said again that he and Simpson had been "set up" by Thomas Riccio, the collectibles broker who arranged their hotel room meeting.

Kyle "Dusty" Foggo, 53, of Vienna, Va., struck a deal in U.S. District Court, pleading guilty to a single count of wire fraud for "depriving the United States and its citizens of their right to his honest services."

As part of the plea, prosecutors dropped 27 other counts against him and agreed to seek a prison term no longer than three years and a month.

Foggo was the agency's third-highest ranking officer from 2004 to 2006 and responsible for its daily operations. He will be sentenced on Jan. 8 and faces up to 20 years in prison. However, it is far more likely that U.S. District Judge James Cacheris will impose a sentence more closely in line with the three-year term recommended by prosecutors.

Foggo was not charged with taking bribes, but prosecutors said in court papers that he received up to $70,000 worth of gifts from his friend Brent Wilkes, a defense contractor. The gifts included expensive dinners at gourmet steakhouses and free vacations for Foggo and his family in Scotland and Hawaii.

He and his lawyer declined comment after the hearing.

The full 10th U.S. Circuit Court of Appeals will hear arguments Thursday as judges review a decision overturning Joe Nacchio's April 2007 conviction.

Prosecutors argued he sold $52 million worth of stock when he knew Denver-based Qwest Communications International Inc. was at risk while other investors did not.

In March, a three-judge panel of the appeals court ruled that the trial judge improperly barred testimony from a defense witness. Prosecutors sought a review by the full appeals court, which granted the request.

Still pending is a civil lawsuit the Securities and Exchange Commission filed against former Qwest executives, including Nacchio.

Former Creek County District Judge Donald Thompson, 61, was accused of using a "penis pump" in court and convicted in June 2006 on four counts of indecent exposure.

Thompson was released in April after serving 20 months of a four-year prison term and has had to register as a sex offender. He was suspended from the bar association in late 2006.

The opinion written by Supreme Court Justice John Reif states that discipline less than disbarment has been imposed in cases involving felony convictions.

"However, the nature of the crimes in this matter led this Court to conclude that nothing less than disbarment is appropriate. The conduct was not isolated, having occurred over a fairly lengthy period of time and on four separate occasions," Reif wrote.

Thompson maintained during trial that the device was given to him as a gag gift by a hunting buddy and denied ever using it during trials. The Supreme Court said he never responded to requests for a hearing on his disbarment.

Thompson's attorney, Clark Brewster, said Thompson never had any intention of practicing law after he resigned in 2004 when the allegations were first made.

The federal appeals court in New York on Monday rejected the government's claim that releasing the photos would endanger the lives or physical safety of U.S. troops and civilians in Iraq and Afghanistan.

A lower court judge had already ordered that identifying facial features be removed from the pictures before they are released to the American Civil Liberties Union.