Category Archives: Featured Exoneree

Survivors and Heroes = True Champions…

“This looks like the place,” I said to my husband, Mike as we hurried to the entrance of the Giddens Alumni Learning Center on the Hamline University campus in St. Paul, Minnesota. I was feeling anxious because we were running late for a screening of the wrongful conviction documentary True Conviction.

According to the trailer we viewed online, the film tells the story of how three Texas exonerees; Christopher Scott, Steven Phillips, and Johnnie Lindsey1 combined forces to form a new detective agency based in Dallas, TX called House of Renewed Hope. Founded by Scott in 2010, the main focus of this non-profit organization is to help other wrongfully convicted prisoners.

Exonerees Johnnie Lindsey, Christopher Scott and Steven Phillips. (Photo used with permission from Independent Lens PBS)                      

Since becoming advocates for the wrongfully convicted, Mike and I have acquainted ourselves with both the courageous survivors of an imperfect criminal justice system and the everyday heroes working tirelessly to correct its many flaws. That evening, Thursday, April 19, 2018, we were about to meet Christopher Scott, one of those true champions who inadvertently dangled on both sides of that fence. After having been targeted, convicted, and exonerated for a crime he did not commit he began a crusade to help others achieve the same ending. He simply couldn’t forget the ones he knew about that had been left behind in prison.

Christopher and I connected on social media before this event was publicized and I was thrilled to learn he was the guest of honor. Being among the last to arrive at the theater-like room—now bustling with people—I hoped we didn’t miss our chance to speak with him before the film started. Sometimes it’s difficult to find the opportunity as an evening progresses and I worried about delivering a special gift to him that I had brought along.

I scanned the room as we descended the stairs. I spotted Christopher sitting by himself and not currently engaged in conversation. “Looks like we’ve arrived in time to introduce ourselves,” I told Mike.

On our way over to where Christopher sat, we said a quick “hello” to M Sheridan Embser-Herbert, director of the Hamline University Center for Justice and Law who was hosting the event. Standing near Christopher were the Innocence Project of Minnesota’s executive director, Nick Vilbas and the Project’s legal director, Julie Jonas.

Nick Vilbas, M Sheridan Embser-Herbert, Christopher Scott and  Julie Jonas (Photo courtesy of the Innocence Project of Minnesota)           

Christopher appeared relaxed as we approached. When I extended my hand to shake his, he sat tall and smiled while returning the gesture.

“Hey Christopher, I’m Joan,” I said. You and I are friends on twitter.”

Christopher’s face lit up and in a distinct Southern drawl he said, “I enjoy our twitter conversations.”

The three of us chatted for a few minutes. I then retrieved a copy of my book Reclaiming Lives from my handbag. “Here it is,” I said to Christopher. “And check out the sticker on the cover. I won a national book award.”

Christopher was grateful for the gift and said, “I’m definitely planning on reading this during my flight home.”

The film was about to start so Mike and I quickly found a pair of empty seats in the row behind and kitty-corner to where Christopher was seated.

The documentary—which aired on the Independent LensPBS program on April 30th—takes the audience on a deeply personal journey of the friendship, commitment, and heartache this trio had experienced. In addition to highlighting the work of their organization, the film reveals the circumstances of each of their wrongful convictions. Christopher’s roots and the repercussions of his absence which presented new and ongoing challenges for his family, are also emphasized in this highly emotionally charged film.

Christopher’s story: Christopher’s troubles began in 1997 when he wound up in the wrong place at the wrong time while driving to a friend’s house in a Dallas neighborhood. A robbery and fatal shooting had taken place that night, somewhere in the vicinity. There was a lot of commotion on the street with squad cars hugging the side of the road and flashing lights engaged. Police officers in the area were on high alert, looking for suspects. As Christopher cautiously drove by, he wondered what had happened. And he realized as he turned the corner that a squad car with its flashers on had pulled up behind him and started to follow him. Christopher reached his destination. While inside his friend’s house, more squad cars showed up and officers surrounded the house. Christopher and his friend were asked to exit the house and lay down on the ground out front. Numerous suspects were brought to the same location and asked to do the same. Christopher was eventually singled out as a person of interest even though his clothing didn’t match the description of the clothing the perpetrators wore. Nevertheless, he was taken to the police station for questioning, handcuffed with his hands behind his back, and placed in a room by himself. A woman appeared with an officer that Christopher recognized as the one who had brought him in. The officer asked the woman if Christopher was the man who had killed her husband. She confirmed that he was.

Christopher was charged with murder and after an eight day trial, received a life sentence. It had been that easy to take an innocent life and turn it into a hellish nightmare.

During the film, I glanced over at Christopher on occasion to observe his reactions to the tragedies that unfolded before us. Each time, I saw tears in his eyes. I guessed that the drive…strength of character…and courage of this man along with an ability to show compassion and empathy toward others—all of which were aptly portrayed in the film—were rooted in the pain he was now feeling as he relived those moments.

(Photo courtesy of the Hamline University Center for Justice and Law)              

After the film, Christopher spoke to the audience and kindly mentioned my name when expressing his appreciation for the support he received that evening. During an interactive discussion that followed, many in the audience expressed their dismay about what they had witnessed, the many lives torn apart, and how widespread the corruption within the criminal justice system is. One woman shared a personal story about her son’s recent wrongful conviction. This spurred a conversation about term limits, elections, and how judges and prosecutors are too easily re-elected especially when they run unopposed. Also mentioned was the despicable lack of accountability of these officials when findings of unethical and unlawful practices—blatant disregard for the law—are exposed.

Exoneree Christopher Scott with Joan and Mike Treppa                                       

Mike and I did get the chance to speak with Christopher at length afterward. I remarked, “You didn’t have a dry eye the entire time, did you?”

“No, I didn’t,” he admitted. “This stays with you,” said Christopher of his experience. “And I don’t expect it will ever go away.”

Also joining the conversation was Mark Saxenmeyer, CEO of The Reporter’s Inc.; a Minneapolis based journalistic production company promoting social change and justice through multimedia storytelling.

“Mark is producing a wrongful conviction documentary called Guilty Until Proven Innocent,” I told Christopher.

Mark went on to explain that this film is still in production. “Ours will run as a series and focus on a number of wrongful conviction cases from across the country,” Mark said. “And the Wisconsin Monfils case will be featured in this series.” .                

Ironically, 2009 was a pivotal year for Christopher…and for me. He had been declared “actually innocent” and was released from prison when the person who committed the murder came forward to confess. He spent thirteen years in prison for a crime he did not commit.

2009 was the year I learned there are innocent people in prison and that they can be convicted based on little, inadequate, flawed or NO evidence whatsoever. I learned that in a significant amount of cases, evidence is even fabricated to fit a specific theory! That year I began my crusade on behalf of the six innocent men convicted in the 1992 death of mill worker Tom Monfils; a murder many of us believe never happened.

(L to R) Decedent Tom Monfils, convicted men; Dale Basten, Michael Johnson, Michael Hirn, Reynold Moore, Keith Kutska, and exoneree Michael Piaskowski  

I was able to share an incredible irony with Christopher about Jamie Meltzer; MFA program director in documentary film at Stanford University and director of True Conviction. Years ago, through an online networking webpage called About.me, a similar interest in wrongful convictions forged a brief connection between Jamie and me. The timeline suggests he was in the early stages of putting this film together while I was in the throes of publicizing my mission on behalf of the Wisconsin men. Because of Jamie’s affiliation with Stanford University, I had given him the name of Lawrence Marshall—also affiliated with Stanford—as a reference for his project because of my knowledge of the appellate work Marshall had done for one of the six wrongfully convicted men I support.

Final thoughts: I see time and again that until a wrongful conviction touches us personally, we too easily and too often cast the issue aside as irrelevant or insignificant. We must acknowledge that these circumstances destroy families, tear communities apart, and affect our everyday lives more than we could ever imagine. We must celebrate people like Jamie, entities like PBS, and organizations like House of Renewed Hope, The Reporter’s Inc., The Innocence Network, and The Center for Justice and Law, all of whom so willingly and diligently create an awareness and help to change laws and procedures that undermine our freedoms.

Please join me in saying…THANK YOU!

1) As is on the HRH website: “Sadly in 2018, cancer took Johnnie’s life but his spirit lives on and he will forever be a member of the team.”

2) Dale Basten—the oldest of the Wisconsin men—was paroled in 2017 due to his failing health when his medical costs at $92K/yr. became too costly for the WI prison system to absorb. Sadly, in June of 2018, he passed away in a nursing home with his two daughters at his side.

A New Chapter…

Meeting someone who’s been in prison for a crime they did not commit is very humbling. But observing within them, an attitude more positive than many of us not affected by our judicial system, is surprising…and noteworthy. Mario Victoria Vasquez is such a person. He is conscientious, thoughtful, kind, patient and grateful for his new found freedom and for the outpouring of support he has received through his terrifying ordeal. Mario is also proud. He harbors anger because of what happened to him but he does not let it dominate his overall temperament despite these past circumstances…

“On February 5, 1998, the parents of a four-year-old girl took her to the St. Vincent’s Hospital in Green bay, WI because she had been complaining for two days of pain while urinating. The girl told a nurse that “Mario” had touched her. Based on a physical examination which revealed sores and vaginal irritation, hospital staff determined the girl had been sexually assaulted. A swab was taken and tested positive for genital herpes. The girl’s mother believed she was referring to 34-year-old Mario Victoria Vasquez, the babysitter’s brother-in-law who lived at the babysitter’s house. However, the uncle had disclosed to authorities that the girl sometimes referred to him (the uncle) as “Mario”. A Green Bay Police Detective questioned the girl alone. According to him, she volunteered that she had been touched by her uncle, father and babysitter’s husband as well, but on February 6, 1998, Vasquez was the one arrested and charged with first-degree sexual assault of a minor. Tests were never performed to determine where the disease originated from and the defense counsel was negligent in requesting that an expert be called in to debate; (a) the validity of the testimony of a four-year-old; (b) her obvious confusion of the facts throughout the process, (c) evidence of interviewer bias.  

Mario had served close to seventeen years of his twenty-year sentence, all the while, maintaining his innocence. He was unexpectedly released from prison on the evening of Friday, January 30, 2015 after a hearing earlier that day to request a new trial. The assault victim, now an adult, had finally come forward to disclose who her true assailants were.

Although this was reason enough for Mario to celebrate, the circumstances surrounding his actual release were not. Mario walked out of the Brown County jail in the middle of a chilly wintry night…alone. He was equipped with inadequate clothing–a light jacket, no hat or gloves, and no means to contact a family member to pick him up. He was forced to go back into the jail to ask if he could use their phone. It was sheer luck that he remembered his son James’ phone number.

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Exoneree Mario Victoria Vasquez and Joan Treppa 

Up until the present, I had only known Mario through letters. We had corresponded since August of 2013 because of a conversation I had with his ex-wife, Darcy. Both Darcy and my sister, Clare, are friends who live in Green Bay. Darcy became upset one day while the three of us chatted at my sister’s house after I brought up my recent involvement in the Monfils case. “I cannot be concerned over that case when no one cares that my ex-husband, Mario, also sits in prison for a crime he did not commit.” she said. “Tell me about him,” I said. Our conversation prompted me to start writing to Mario.

I told my sidekick, Johnny, about this case. He did an investigative evaluation of the facts. He then confirmed that Mario’s case was fraught with the same kinds of issues and inconsistencies as in the Monfils case. He found out that the same prosecutor and assistant DA worked on both cases within a few years of each other; a connection that sent up huge red flags. Mario was already under the guise of the Wisconsin Innocence Project (WIP) by then, though he felt discouraged because of how long it was taking to get his case through the courts. I encouraged him to give them time and assured him that they were doing their very best for him.

The essence of Mario’s letters embodied the utmost respect for others. He struck me as an educated and well-versed individual. I sensed he was hard working and motivated to continue on with a productive and meaningful life. He maintained integrity despite his tragic misfortune. His letters were similar to reading poetry. In them, he shared acts of kindness toward other prisoners through mentoring and friendship. The more I learned, the more I wanted to meet him. 

On the evening of Tuesday, February 10, 2015, I came face to face with my pen pal. For a moment, Mario and I stood there, staring at each other as though this was a dream. We marveled at the ability to share a handshake, a joke, laughter, tears and a hug. Still, Mario’s fate hung in the balance. A hearing was to be held the following day to determine whether or not this nightmare would be over. Although I was optimistic, Mario would not be at peace until he received word from the Judge that he was absolved of all charges. There was an edginess in his temperament and I did my best to grasp what he was feeling. I reassured him that no matter what, I would stand by him.

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A Family Reunited; Darcy, James and Mario 

My sister, Clare, hosted this informal gathering of close friends and family on Tuesday evening. Darcy, their son James, and James’ girlfriend, Sarah, were present. It was the first time this family had been together since Mario was charged in 1998. We all savored the moment…that evening…this miracle.

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Exonerees Mario and Mike “Pie” 

Also invited to this special gathering was Michael “Pie” Piaskowski, the exoneree from the Monfils case, along with his girlfriend, Teresa. Mike Pie and Mario became fast friends. They sat together, sharing individual stories with eerie similarities. Many emotions were felt that evening; anger, sadness, and disgust for a system gone awry. But we focused on new possibilities and a brighter future for Mario, Mike Pie, and for the many innocent people in prison who have yet to be vindicated.

WIP attorney's Cristina, Katie, Kyle and Curtiss

Mario (center) with WIP Attorneys; Cristina, Catie, Kyle and Curtis 

The next day, the hearing for Mario commenced at 1:30 pm in room 200 of the Brown County Courthouse. Cristina Borde, Mario’s lead attorney from the WIP, had mentioned the proceedings would be brief so we arrived early. Mike Pie, Clare, Darcy, and I waited in the hallway with approximately twenty-five of Mario’s family members. Excitement grew when the innocence project team walked in. Their presence lent a sense of comfort and excitement similar to the climax of a tense western film when the cavalry arrives on the scene to save the day! Mario was ecstatic to see all of us. This was his moment. We were his bravado!

We all entered the small courtroom. We sat and waited. In walked the former Brown County Assistant District Attorney, Larry Lasee, with a sour look on his face. He kept his gaze lowered as he sat in his designated chair. He began scribbling furiously on the notepad in front of him. We rose and settled in again after Judge Hammer entered. Cristina rose and began by defending Mario’s innocence. Mr. Lasee clarified his view in regard to Mario’s absolute guilt. He then added that the DA’s office would not be pursuing a new trial in this matter. The Judge displayed a puzzled look and defined the series of events prompting this hearing; that Mr. Lasee had, in fact, interviewed the witness, now an adult, who disclosed the true identities of two perpetrators! I could not make out the muffled response by Mr. Lasee but I had heard all I needed to. It was clear. There would be no more prison time for Mario. He would be free to rebuild his life.

The last thing we heard was what we, as supporters, had hoped for. The Judge looked at Mario and said,”Mr. Vasquez, you are free to go.” We clapped loudly as Mr. Lasee quickly found his way to the door. As he slithered through it, I thought, “Good riddance,” and dismissed him altogether before devoting any more of my energy on his misdeeds. Now was the time to focus on Mario and on the difficult road ahead. It was exhilarating to think that what had started on paper for the two of us was about to continue on with a new chapter in living…

Note: Eight months after Mario’s exoneration hearing, I was with him in front of the Brown County Courthouse one pleasant October afternoon as we prepared for an annual Walk for Truth and Justice. We happened upon Mr. Lasee as he walked up the sidewalk toward us and the building. Mario addressed him and pressed him about the lack of action taken in this case. “Mr. Lasee, are you going to arrest the two men who abused that little girl? You know who they are.” Mr. Lasee’s response was brief. “I cannot discuss that,” he said as he quickly made his way to the front door. And in a defeated tone, Mario shared his deepest suspicions and most dire concern for the then little girl. “I know for a fact that the abuse of this little angel continued for many years after I was convicted.”

Mario on The National Registry of Exonerations.

Post-Crescent article.

 

Unintentional Losses…

How many times have we seen car ads that boast about this feature…?  From zero to 60 mph in a matter of seconds!

This type of maneuvering has been proudly embraced by car manufacturers for years as a top selling point over other makes and models. But truth be told, no other car manufacturer has anything that surpasses the capabilities of a Toyota Camry! Certain model year Camrys can go from zero to ninety in as much time and they have a track record to prove it.

I’m just speculating but based on this news report from a recent class action lawsuit in a Minneapolis courtroom which garnered much attention nationwide, exoneree, Koua Fong Lee, former owner of a 1996 Toyota Camry along with the family of the deceased victims of an Oldsmobile Ciera, would probably agree that this is not a factor to be celebrated. In fact, they have asked Toyota, Corporation to fix a serious problem of unintentional acceleration due to issues with the car’s electronic throttle mechanism so that it does not cause devastating harm to more lives.

“Lee was driving his pregnant wife, their 4-year-old daughter, and his father and brother home on June 10, 2006, when he exited Interstate 94. As his Camry accelerated, he sideswiped one car before hitting an Oldsmobile Ciera. Experts said Lee’s car was traveling between 76 and 91 miles per hour when it struck the Ciera, killing its driver, Javis Trice-Adams, 33, and his 9-year-old son, Javis Adams Jr. Trice-Adams’ niece Devyn Bolton, 7, was paralyzed and died 16 months later. The three who died were “complete innocents,” said attorney Bill Markovits, who is representing the Trice-Adams family. “We ask you to hold Toyota fully liable,” he said.”  Star Tribune, Jan. 8, 2015

Despite numerous other drivers of the same make of Camry who have come forward because of experiencing sudden unintentional acceleration; the same issue that Lee insists caused his crash, Toyota stands by its assertion that the fatal crash in 2008 killing three people and sending Lee to prison for 2.5 years was solely due to driver error. Part of their argument during the recent hearing states Lee was an inexperienced driver and that he had mistaken the gas pedal for the brake pedal. They also argued that his 1996 model was not involved in a future recall event that dealt with the very problem he experienced.

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Lee’s 1996 Toyota Camry. (Photo courtesy of Star Tribune, Mpls, MN) 

“Lee was convicted of criminal vehicular homicide and sentenced to eight years in prison in 2007. A massive recall of newer Toyota models because of problems with sudden acceleration, starting in the fall of 2009, prompted attorneys to reopen Lee’s case. Ramsey County prosecutors dismissed the charges against him in 2010. The 1996 Camry was not among the vehicles recalled. Lee and four family members who were passengers in the Camry joined with family members from the Oldsmobile in a suit against Toyota.”Star Tribune, Feb. 4, 2015

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Koua Fong Lee at a press conference in Mpls following a jury verdict. (Photo courtesy of the Star Tribune, Mpls, MN) 

“Trembling as he spoke, and occasionally lifting a tissue to his face, Lee said, “I tried to rebuild my life, but it is very difficult to move on. I am very sad. I want to apologize to the other families” who had members killed or injured. “Every day I think about that accident,” he said, appearing to be on the verge of tears. “Many lives lost.” –Star Tribune, Jan. 10, 2015.

“Toyota’s attorneys appeared to be caught off guard. Driver Koua Fong Lee lost control of his 1996 Camry, said his attorney Bob Hilliard, because each time he tapped the gas pedal on the long exit ramp off eastbound Interstate 94 at Snelling Avenue, the car accelerated.” –Star Tribune, Jan. 29, 2015

This week’s outcome:

“Toyota Motor Corp. must pay $10.9 million in damages for the high-speed crash in St. Paul that cost the lives of three people and sent another man to prison, a federal jury decided Tuesday. Jurors in the Toyota liability trial found the world’s largest auto company 60 percent responsible for a 2006 crash that also sent a St. Paul man to prison for 2½ years. They found Koua Fong Lee, driver of the 1996 Toyota Camry that crashed into a stopped car at the top of an Interstate 94 exit, 40 percent responsible.” –Star Tribune, Feb. 4, 2015

My thoughts drift between deep empathy for both families involved in this terrible incident and what the answer is, as to the appropriate responsibility and duty of the nation’s largest automobile company. Personally, I had hoped that Toyota would have seen a clear and evident problem with their product, and that precious lives are still being destroyed because of it. It would have been prudent for them to take a more compassionate approach. They should have shown the world that their company is based on the highest standard of integrity, by putting their funds towards more in-depth research and to get to the bottom of this issue rather than paying multiple attorneys to blame the victims.

Honestly, I believe what will end up happening is that enough people will feel the same way as I and will seriously consider their next car purchase with this lawsuit in mind. Of course, there will be those who stand by Toyota no matter what because they like the product, but I think that in the long run, Toyota may have already caused their own demise which will likely affect their bottom line as well as their reliability, not to mention their unintentional loss of integrity.

Vroom  Vrooooooooooooooooooooooooooooom…………                                                                                                                 

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