In an earlier post, I mentioned that a ruling had been reached in the July 2015 evidentiary hearing for Keith Kutska. I also noted that on January 13, 2015, our lead attorney, Steve Kaplan, was contacted by a reporter from the Green Bay Press Gazette, looking for a comment on the ruling. At that time, Kaplan was unaware of the ruling because he had not been informed. The reporter kindly sent him a copy of the official document. Then came the second blow; a denial of further action in the matter. There was not going to be a new trial for Keith Kutska.
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My initial reaction was one of disbelief toward the blatant disrespect of Brown County. My second reaction bore mixed feelings as the reality of the situation set in. After thinking about it, this ruling was expected all along and the opposition was reacting with the same insolence they had displayed throughout the entire process. They were never going to acknowledge defeat. There was never going to be a new trial. Because that would suggest mistakes had been made and there was nothing to be gained by admitting to such incompetency.
However, this denial is not a bad thing for our men. Because of the way the hearing had been conducted, it was clear, even back then, it was never going to end favorably for Keith. In my opinion there seemed to be a tag team dynamic going on between the prosecutor and the judge during the entire ordeal. It was quite revealing to me and most unfortunate for Keith and his family. What was shameful was seeing the current prosecutor and the former Assistant DA involved in the original trial (a father and son team) both sitting at the same table during this hearing.
But in all reality, this ruling is encouraging.. It’ll take the case out of this biased town, away from this ridiculous progression of judicial recourse. It’s now headed for the Wisconsin Court of Appeals. I believe that justice lies somewhere in the broader judicial spectrum. Proof of this lies in the first and only exoneration to date in this case which was granted to Michael Piaskowski in 2001 when his case landed in a federal court. A federal judge aptly cited the trial evidence as unsound and labeled it as “conjecture camouflaged as evidence.” It was a big stain on the prosecution’s pristine record.
Michael Piaskowski exonerated in 2001
Photo courtesy of the Green Bay Press Gazette
This document, in my opinion, epitomizes a wide gap between what’s right and what’s wrong with our entire legal process. I’ve been known to say that if these circumstances were not so tragic, they’d almost be laughable. After injesting the hypocrisy in this document, I rest my case.
Here is the complete 29-page document of the ruling from Brown County: