Tag Archives: exonerations

Deferential Observations…   

I recently reconnected with a former classmate, Brian Berghefer. Brian and I were friends throughout grade school even though I was the fraidy-cat introvert and he was the good-humored extrovert. Brian was always respectful to me, unlike many of the other kids.

Soon after we connected on social media and he learned about my book Reclaiming Lives: Pursuing Justice For Six Innocent Men, Brian was kind enough to purchase a copy. I received an email from him shortly after he finished reading it. I felt Brian’s words needed to be shared because not only do they speak volumes about the steadfast nature of Brain’s character but they also convey the public outrage I hoped to rouse as a result of writing this book.

Thanks Brian, for these encouraging and deferential words. It’s feeling like old times, my friend…

Hi Joan,

I just finished your book. It’s the first book I have read in probably 17 years and my first impression is WOW!!

First of all, I cannot believe the raw deal these six men got. I know our system is flawed but not as totally corruptible as what was allowed to happen in GB.

What is it with mid-Wisconsin with these cases where people are railroaded by the system, i.e. The Monfils case and the Avery case? Does this happen elsewhere with such frequency?

Tom Monfils, Dale Basten, Michael Johnson, Michael Hirn, Reynold Moore, Keith Kutska, exoneree Michael Piaskowski                                    

Secondly but most importantly is your taking on the task of seeing these men find justice and your resolve and tenacity in completing the task! Knowing somewhat of where you come from, if someone had told me someday you would be an author I would probably have dismissed it, knowing what a shy and quiet person you were. But now finding your voice through such a noble cause is very refreshing and I applaud your commitment to these men and their families and I wish you well in this endeavor. I only wish I had your ability to commit so totally to a cause.

You have created another believer in me as I sort of remember the case. But it happened when I was working on the Lakes so I never really paid attention and all but forgot about it. My wife who lived in GB at the time barely remembered it (as have many) till I started following you and your progress and reading about the sham investigation. The travesty brought on by it is repugnant and should be to any American who discovers it!

I believe your book is just the tip of the iceberg in waking up public interest and hopefully you can get a major network to join your fight and spread the word creating a broader groundswell of interest. I believe that through persistence, you and fellow Truth Seekers will prevail. I only pray that it comes soon for these men and their families!

Sincerely,
A Very Proud Friend
Brian Berghefer

On an extremely sad note, Brian passed away unexpectedly on Tuesday, November 6, 2018. I never got the chance to see him one last time in the UP of Michigan, where we grew up together. RIP my friend.

Brian Berghefer 1958 – 2018                                                            (Photo courtesy of The Daily Mining Gazette)                                                

Purchase my book through Amazon.

You may also purchase a signed copy (via paypal) on this website.

 

Highlights of an Injustice…   

After a lengthy absence from my blog, I’m pleased to a present this condensed version of my upcoming book ,Reclaiming Lives; Pursuing Justice for Six Innocent Men, which was published last week on The Reporter’s Inc. website. Special thanks to Mark Saxenmeyer for this promotion and for producing the documentary, Guilty Until Proven Innocent, which will highlight this specific case when completed (date TBD).

My book which will soon be published unveils new efforts to seek justice for the five remaining incarcerated Wisconsin men convicted in 1995 of murdering Tom Monfils. It lends insight into the devastation that followed these convictions especially for the family members also victimized by a sometimes unjust criminal justice system.

With an astounding 2.2 million prisoners in the U.S. and an alarming 4-10% (88,000 to 200,000) of them being potentially innocent, the book also begs for broader discussion on prison reform to include those wrongfully convicted–a conversation that many of us feel is long overdue.

I learned of the Monfils case in 2009 when I read another book called The Monfils Conspiracy; The Conviction of Six Innocent Men, coauthored by John Gaie and Denis Gullickson with the help of exoneree Michael ‘Pie’ Piaskowski. At the time, I knew nothing about being falsely accused or the possibility of being convicted for a crime I did not commit. Since then, the idea that everyone in prison claims to be innocent has taken on new meaning for me because the fact is; many in prison really are innocent.

In the meantime, legal efforts regarding this case continue in the court system. Recently, a petition for a writ of certiorari; a document asking the high court to review the decision of a lower court, was filed in the U.S. Supreme Court by Steven Z. Kaplan from the Minneapolis law firm of Fredrikson&Byron, PA, on behalf of Keith Kutska. This court is in recess until October so a ruling of whether or not the court will consider examining the case will not be announced before then.

The main points of this latest petition:

  • The accuracy and conclusion of the coroner’s report
  • Trial counsel’s failure to consult a forensic pathologist
  • Post-conviction counsel’s failure to consult a forensic pathologist
  • Defense counsel’s failures to investigate suicide
  • Defense counsel’s deficient and prejudicial representation
  • Due process violations and perjured testimony

 

Lastly, I wanted to share the Mother’s Day card my son, Jared, designed for me this year (2017). It contains a photo he took along with a poem he composed with words and phrases taken from my book. Best card ever!

Update: Book was published in June, 2017 and has won three book awards.

Setting the Example…

Currently, five innocent men; Keith Kutska, Dale Basten, Michael Hirn, Reynold Moore, and Michael Johnson grow older…more weary…and beleaguered, as their time in prison continues.

We all make a difference…every day. We don’t realize it because often, the results are neither profound or earth shattering. But it’s a fact that the smallest of actions can have the greatest impact and become an example for those around us.

Awhile back, when I emerged from the shadows, compelled to devote significant time and energy to fighting for the rights of six Wisconsin men, it not only ended up having a major impact on their lives…but on mine as well. Suddenly, my life held more meaning and was more focused. Although it may not have been my initial intention to take this specific path, it always was my choice to make. But I now think of it as more of a responsibility I had no choice but to embrace.

I believe the book which I’m about to publish, will create a firestorm of support that could affect current legal actions. Certainly not because it’s the best literature ever written but because it embodies the very essence of what we as humans aspire to be—example setters.

 

Exoneree Michael Piaskowski speaking at an event in Minnesota

To further my point, I wanted to highlight something noteworthy that resulted from a story I wrote awhile back. Exoneree, Michael Piaskowski, whom I consider a colleague and valuable friend, was compelled to post the following on the site where the article appeared:

“Hello to everyone. As Joan Treppa noted [in this article]; after being wrongfully convicted and sentenced to ‘life in prison’ for a crime that I did not commit, I was completely exonerated and ordered released by the United States Federal Court system; all of my citizenship rights restored. In simpler words, the United States ‘legal system’ worked for me. The system made a mistake. The system recognized the mistake. And the system corrected that mistake. I am again ‘free’ to pursue all the rights and liberties bestowed upon all United States citizens.

Unfortunately that very same legal system has failed the other five men in this case. We (the other five defendants and I) are ALL innocent of this crime. All six of us were convicted of an incident that never took place. I repeat: It never happened. Thomas Monfils’ death was caused in some other way. The Green Bay police investigators got it completely wrong. I do not know how Tom died, but I do know that it did NOT happen the way we were convicted of it happening.

2013 photo of exoneree Michael Piaskowski and Joan Treppa at benefit for Innocence Project of Minnesota 

That’s where wonderful people like Joan Treppa come in; to pick up where Justice Myron Gordon left off and, at least in this case, to continue the fight for true ‘Justice for Tom’.

With the help of John Gaie, Denis Gullickson, Johnny Johnson, Steve Kaplan and Cal Monfils; and organizations like the law firm of Fredrikson & Byron, The Innocence Project of Minnesota, The Wisconsin Innocence Project, and the Family and Friends of Six Innocent Men group here in Green Bay; collectively, we fight this just cause. It’s the American way. On behalf of the wrongfully incarcerated everywhere, thank-you Joan, for your dedication and perseverance. — Mike ‘Pie’ Piaskowski

Here’s the link to the story which was also posted in an earlier blog.

Mike Pie, I’m truly honored to have had your support along the way as I continue on a path to making a difference and being an example on behalf of these men and their families.