Tag Archives: Fredrikson&ByronPA

An Unearthing of Ghosts…

A fitting day to share this chapter from my book; triumph that instilled an uncommon but short lived dose of hope and possibilities…

Chapter 33

Legal Woes for the Opposition

Halloween, October 31, 2014. A fitting day to illustrate an unearthing of ghosts still lurking through the halls of the Brown County Courthouse. Finally, twenty-one months of effort put forth by a dedicated legal defense team came to fruition when they filed a 152-page motion, more than one hundred exhibits, and several affidavits in Brown County requesting an evidentiary hearing for Keith Kutska. Close to twenty years later, this small Midwest town was thrust back into legal upheaval.

There was a flurry of news reports on local TV stations and in print. One Green Bay Press-Gazette headline read:

“Defense: Monfils Death a Suicide. New Legal Team Seeks to Have Conspiracy Conviction Thrown Out.”

Read the news article here.

When this motion was filed, Johnny and I took great satisfaction in knowing we had played a monumental role in its inception. The families were hopeful. We all felt great about it because there was real progress being made. And our miracle was a kick in the legal shins for Brown County. They most likely never expected we’d get this far or that this case would actually make it back into the courts. But there it was. I imagined the clambering behind closed doors to keep their wits about them because the further this moved forward, the more media attention they’d receive. There’d be no escaping public scrutiny or the tough questions that followed. And it’d be a cold day in hell before those questions stopped. This was no longer merely a movement of family members, close friends, and two crusaders from Minnesota. This motion was spearheaded by a respectable law firm armed with an unrelenting dedication and ability to keep on keeping on.

The main points listed are directly from the original 152-page brief, and are as follows:

  • Defense counsel provided ineffective assistance by conceding the State’s homicide theory without consulting an independent forensic pathologist and investigating the evidence of suicide.
  • The State denied Mr. Kutska due process by relying on erroneous forensic pathology, and perjured fact witness testimony.
  • Mr. Kutska has presented “sufficient reason” for this motion.
  • The court should vacate this conviction in the interests of justice.

These excerpts are taken from this same document. They reveal major aspects of a failed investigation in a massively flawed case:

At approximately 7:42 a.m. on November 21, 1992, Tom Monfils—despondent, shamed, and angry—left his work area at the James River Paper Mill and walked toward an entrance of a nearby airlock passageway. As he neared the airlock, he picked up a 49 lb. weight and proceeded through the airlock. He then entered a storage area where his jump rope was hanging on a railing. With both the rope and weight in hand, Monfils walked to a large vat containing approximately 20,000 gallons of liquid. There, he climbed the steps to the top of the vat, tied one end of the rope around his neck and the other end to the weight, and entered the vat where he suffered traumatic injuries and died from drowning in the liquid.

Courtesy of the Green Bay Press Gazette

After a 2 1/2 year investigation, Kutska, and five other mill workers were convicted of first-degree intentional homicide and sentenced to life in prison for Monfils’ death. The prosecution’s theory was that after Kutska had learned that Monfils had reported him to the police for stealing a piece of electrical cord from the mill, Kutska fomented “an angry mob” of his “union brothers” that viciously beat Monfils at a water bubbler (water fountain) at approximately 7:45 a.m. and then disposed of his body in the vat at approximately 7:50 a.m. on November 21, 1992. That theory embraced the conclusions of the medical examiner Dr. Helen Young, who concluded that Monfils had been beaten and then placed in the vat where he died.

Dr. Young’s homicide determination was, however, erroneous and rested on a series of provably false assumptions, as well as her ignorance regarding the engineering design and operating factors impacting the movement of Monfils’ body in the vat. As forensic pathologist, Dr. Mary Ann Sens states in her report, Dr. Young also lacked any scientific or medical basis for reliably and accurately determining that Monfils’ death was the result of a homicide and not a suicide. Indeed, there is ample and compelling evidence that Monfils had taken his own life.

Unfortunately, residents and law enforcement officials in Green Bay remained unwilling to appreciate the implications surrounding the firm’s findings that support a possible suicide. This first round of filings caused the county to push back…hard. They resisted the notion the case had been mismanaged. They remained as steadfast as ever in a dying effort to uphold all of these convictions, including Mike Piaskowski’s, in spite of his exoneration in a federal court. At every opportunity, John Zakowski defends the biggest case of his career with toxic statements that still fuel a vengeful public. Afterward and in present day, his most vicious attacks are aimed directly at his worst nightmare come true. In reference to the release of Michael Piaskowski he flatly states, Michael Piaskowski “was not exonerated,” rather, he was “mistakenly let go” due to a poor appeals argument by the attorney general’s office. And in a recent interview he did for a documentary about the Monfils case, Zakowski stated, “People tend to say, ‘Well, it’s only circumstantial evidence.’ Circumstantial evidence is many times stronger.”

Euphoria diminished as we waited and waited for a reply from the State. When the State did finally respond, it was as expected. In their response, they argued against every measure of the firm’s brief. However, it was again the defense team’s turn to have one last say in the matter before a final decision was to be reached. The firm was ready. They filed their reply brief earlier than the allotted time…

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Weighing in on a Preponderance of Evidence…

People commend my persistence to aid in the relief of five innocent Wisconsin men convicted of murder in 1995. Many others seem bewildered at my desire to do so. But for me, what began as a simple humanitarian effort has turned into a battle between good and evil. I’ve been known to say that if the details of this Monfils case weren’t so tragic, they’d almost be laughable. I’ve witnessed the lives of the innocent dangling on one side of an unbalanced judicial scale as if they are somehow less important, while those on the opposing side expect us to believe in theories that require a creative imagination. My spirit grows weary from the constant rhetoric surrounding the case. And my anger soars as I ponder the reality that this is not about guilt, innocence, or justice, but about career advancement and narcissist pride on behalf of the authorities. With those elements in place, there is no true justice. It’s more about closing a case and ignoring facts-a prevailing factor of all wrongful convictions.

Dale_Basten_web

Dale Basten (74 yrs old)*

A thorough examination of this case reveals both the facts and the outcome of six guilty verdicts, are erroneous at best. I’d sure like to believe had I been sitting on the sidelines as a juror in 1995 when they were told the series of events leading up to the death were incomplete and riddled with “holes” and “gaps” that could not be rectified, that I’d have immediately jumped out of my seat and headed for the door yelling at the top of my lungs,”Be sure to call me when those holes and gaps are filled!” Wouldn’t that have been sensational? But would it have made an ounce of difference? Since when is it my place to question the powers that be? And how preposterous of me to challenge those who’d like to think they’re smarter than me? But what is most unfortunate is that not enough of us demand answers for things we find preposterous.

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Reynold Moore (70 yrs old)*

There is much to absorb with the 3-day evidentiary hearing behind us. As we embark on an excruciating long waiting period, hoping the court’s ruling will be swift, I avoid contemplating the possibility that our efforts could fail, despite the evidence that was presented. Each passing day represents a harsh reminder of what my friends; Keith Kutska, Reynold Moore, Michael Johnson, Dale Basten and Michael Hirn have endured every single day for 20+ years. And there’s the nagging question regarding the exoneration of Michael Piaskowski in 2001-the only exoneration in this case so far. How is it that six men were tried together but only one of them has been freed?

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Michael Johnson (68 yrs old)*

I cannot help but contemplate other thought-provoking questions. When will this nightmare end? What will be the prevailing factor? And when those prison doors do open, will there be adequate monetary compensation?

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Keith Kutska (64 yrs old)*

In the meantime I ask that you take time to read this 90-page document filed on September 2, 2015, with its vast amount of new evidence. It supports the belief that this was not murder but a likelihood that the victim, Tom Monfils, took his own life.

In the past six years amid all the twists and turns on an unrelenting road to freedom, I’ve given up trying to make sense of the madness. And I’ve yet to get through a single one of these documents without the usual indignation…

Michael_Hirn_web

 

Michael Hirn (51 yrs old) 

*All images courtesy of Artist Jared Manninen

“Hotrod Breakout”…a Benefit That’s Been Places…

I’d like to share my thoughts regarding the many dedicated people engaged in the planning of a third car show/fundraiser for the Innocence Project of Minnesota. Compassionate individuals who’ve supplied hours of enthusiasm and selfless efforts on behalf of those wrongfully convicted have again created an exciting and unusual venue where tragic but uplifting stories emerge. The event is designed to resurrect reluctant voices that have been judged, criticized, condemned and ultimately silenced. Some of those voices appearing at this year’s event are: Wisconsin exonerees Audrey Edmunds, Michael Piaskowski and Mario Victoria Vasquez and Minnesota exonerees Michael Hansen and Koua Fong Lee.

P1040195

 Joan Treppa (standing) next to exoneree Audrey Edmunds 

P1040223                                                             Exoneree Michael Piaskowski

P1040684                            Exoneree Mario Victoria Vasquez next to Johnny’s classic car

Mike HansonExoneree Michael Hansen

Exoneree Koua Fong Leeows_142302270498185

We will also hear from Brenda Kutska whose father-in-law is currently in prison for a crime he did not commit. Her views from the perspective of a family member is sure to stir hearts…

Two years ago we began to highlight the Innocence Project of Minnesota (IPMN). This non-profit organization bridges the financial roadblocks of those innocently caught up in catastrophic legal woes in dire need legal assistance. We’ve combined our talents to create awareness and to solicit funds to further their mission and it is our hope that this event will eventually become a significant source of revenue for them.

P1040786Banner created and donated by Budweiser

I salute my special friends who make up the planning team; Johnny and Linda Johnson, Rosemary and Pat Bonnett, Tom Erikson (aka: EricVonSon), Chuck Brost, Jesse Hoffman and all the others who work with us each year to help make this event a success. Special mentions go to Trudy Baltazar who collected and donated numerous items for prizes given out during the day, the Bonnett’s for their willingness to provide printed programs and the super amazing car awards. We thank Chuck Brost of ‘Tunes To Go’ for keeping us ontrack with our daily schedule, making announcements with added wit between appropriate era music for the event. Let’s not forget our good friend, exoneree Audrey Edmunds, who will again energetically hand out prizes!

P1040230Exoneree Audrey Edmunds congratulating a classic car winner

A final salute goes to the staff at the Project here in Minnesota for the important work they do all year long. Executive Director Heather Ring, Legal Director Julie Jonas, Staff Attorney Marie Wolf and all of the law students and paralegals who make up the IPMN team are to be commended for their diligence and selfless commitment to providing an invaluable service to those less fortunate in their time of need.

Because the IPMN it is a non-profit, our success in aiding them is critical because much of their funding is reliant on funds from general public doners. We must never forget that these funds benefit individuals who’ve been reduced to being labeled as thugs, murderers and rapists, who, in reality, were part of a civilized society, striving for the same wants and needs as the rest of us. They were once independently responsible for their own lives before fate sent them down a much different path.

P1040202Julie Jonas, her daughter and son, Sarah and Sam with MN exoneree Sherman Townsend (from a previous car show)

It is an honor to actively work on behalf of the wrongfully convicted, and we are again proud to present the one and only… (drum roll) ‘Hotrod and Motorcycle Breakout’; 3rd annual benefit for the Minnesota Innocence Project! We are furiously getting ready to host this exciting event on Saturday, August 8th 2015 from 9 am to 3 pm. We’ve adjusted our schedule a bit this year. Instead of conducting single speeches by exonerees and advocates, we are inserting two panel discussions; one at 11 am and the other at 1 pm. We believe this format will provide an informative and educated interaction for our audience.

 

Car Show Flyer - 2015

Flyers distrubuted at other car shows

Finally, I would like to commend Route 65 Pub and Grub owner Brad Slawson and Manager Kathy Sauvageau for providing mouth-watering refreshments during the day and Route 65 Classics (under new ownership as Unique Classics) owner Gene Kohler and General Manager Sue Stang who’ve enthusiastically provided their space free of charge each year. Both businesses have made generously donated additional funds to our cause and both are already getting ready for our big day!

P1040472Kathy and Brad setting up their booth 

We hope this event will be especially successful this year and that it will go down in history as the best car show ever…one that will help drive this wrongful conviction issue back into nonexistence!

Please join us or donate to the IPMN today!

Thanks!