Tag Archives: Green Bay Wisconsin

Inspiring Young Minds Destined to Instill Change…

“Sure. I’d love to visit your class!”

Máel Embser-Herbert; a good friend and sociology professor at Hamline University, contacted me about a Wrongful Conviction course they’d be teaching during the upcoming school year. Máel asked if I’d be available to share my story with the students in the fall, and offered to use my book as a learning tool for them.

A Hamline University campus building as viewed from Snelling Avenue in St. Paul, Minnesota.

“I’d like you to focus on the social aspects of this case such as why you became involved, who the men and their families are, things like that,” Máel explained.

I’ve spoken to high school students in the past and feel my book is likewise appropriate for use on the college/university level. Simply put, it’s written from my non-legal perspective and absent of the hardcore legalese, making it a suitable introduction to this less than desirable aspect of our criminal justice system. A must for those entering into the legal field.

“We’ll have ninety minutes,” Máel said, and suggested October 27th as a possible date for my visit. “Perfect!” I said. “That’s the day before October 28th; the historical date in 1995 when the six men were convicted!” (Due to the arrival of the COVID-19 Pandemic, this class was done virtually.)

Keith Kutska at the 2015 evidentiary hearing in Green Bay, Wisconsin

In preparation for the class, I wrote to Keith and asked if he’d be willing to divulge the personal traumas his family had endured back then. “I believe your words will have the greatest impact on the students,” I reasoned. Keith thoughtfully and eagerly assembled these thoughts:

Greetings Ladies and Gentlemen. Thank you for your interest in this miscarriage of justice. In a sincere effort to inspire and instill in you, insight into how our criminal justice system sometime works, I’ve written down just a fraction of my firsthand experiences and personal observations. I also want to acknowledge the significant impact you will have on the future of that system as attorneys, prosecutors, judges, etc.        

As this situation unfolded I was living in a small peaceful rural community in which my family still resides. All at once I was on the evening news being portrayed as the primary suspect in a high-profile homicide. I was overtly as well as covertly under surveillance for the next two years.

During this entire time I boldly stood behind my innocence while facing the questioning eyes of the people in our community. Those who knew me always offered their support along with their fear that the authorities were trying to frame me because I had hurt their pride (for obtaining and sharing the audio recording handed to me by an officer from the Green Bay Police Department).

I had lost my job and struggled to find employment. The monthly bills still had to be paid. On top of that I and my wife would also have to deal with mounting legal expenses. Needless to say, our financial assets quickly dwindled.

Family, friends, and neighbors watched with empathy as my wife and I struggled to retain and display confidence that the supportive facts of my innocence would prevail. Little did I know that the authorities would fabricate alternative facts and purposefully disregard the truth in order to obtain a conviction, thereby, repairing the tarnished image of the police department.

Until it’s been experienced firsthand, the psychological and stigmatizing trauma that I and my family have had to endure as a result of this travesty of injustice is beyond comprehension.

In addition, Keith offered these words of procured wisdom:

As future defenders of the law, it is imperative that you maintain a moral focus on the demanding principles required in the service to justice. Those principles, while sadly not always practiced, are well established within our criminal justice system:

  1. That accused citizens are actually presumed innocent and entitled to a defense that enforces the protection of the constitutional rights from prosecutorial overreach.
  2. That the state, while prosecuting its case with vigor, and not zealotry, be held to a high standard of proof to uncover and disclose every existing element of a crime beyond a reasonable doubt.
  3. Most importantly, that all hearings and trials be held in front of tribunals which are fair, objective, and impartial.

It is only under these governing principles that there can be any confidence of an outcome in which justice has been properly administered. Indeed, any failings in these principles will only ensure that innocent citizens will be victimized from a miscarriage of justice, guilty parties will maintain unwarranted liberties, the initial victims of crimes will be denied closure, and Lady Justice will be cheated out of her due rewards.

Below is a sampling of the outstanding, well-thought out questions Máel received from the students, some of which were addressed during my brief overview of more recent developments in the case. Unfortunately time ran out before we could get through all of them:

In the book, you touch on your personal struggles you have gone through in your life, as painful and hard to experience as they were, do you feel your experiences are part of why you felt so compelled to help these men?

What made you later publish a book about it?

What is your biggest struggle in advocating for people?

How did you begin your career as a social justice advocate? Was it this case that made you certain that this is what you should be doing in life?

From the book, I understood that this specific case impacted you unlike a lot of other cases. I wonder if there’s any other case that has moved or impacted you in the same way this has.

After this book was published and gained such recognition and awards, does that inspire you to write more books or get into wrongful convictions even more?

How did the public’s response to your book impact you? Did it help you open your eyes to new concepts or did it give you a new sense of empowerment since your words impacted so many other people?

Has anyone written to you saying you’ve encouraged them or gave them the motivation to also fight against wrongful convictions?

How do you feel the publication of your book has affected the way this case is looked at both publicly and in Green Bay? Has this collaboration of information and personal experience done anything to create change in both the case and the greater subject of wrongful convictions as a whole?

What is being done currently to help fully exonerate the six men? What is the state of their legal proceedings?   

How can university students become involved in wrongful conviction cases or even become involved in the Monfils case? 

I thoroughly enjoy listening to the innovative thinking of students, so after contributing more than ample time to the discussion, I wanted to give the students, 34 of them who were in attendance, a chance to voice their thoughts on what had motivated them to take this specific class, and to ask if they were aware of wrongful convictions prior to signing up for the class.

J.J. spoke up and said they didn’t know about wrongful convictions and that they wanted to learn more. J.J. is Black, so I pointed out the irony of not having been personally affected because of the overwhelming disparity of Blacks who are wrongfully convicted. They acknowledged this as a factor they are now aware of.

When I asked other students to explain what compelled them to take this class, E.M. shared that they’d like to become a police officer and felt it was necessary to learn about this problem to become a better enforcer of the law. I applauded the decision, saying they’re destined to become a great officer who will be armed with a valuable understanding of how our criminal justice system sometimes works. I compared this to how open-minded my former partner, Johnny, had been when I first told him about the Monfils case. “The expression on his face did not suggest he thought of me as some crazy person, rather it felt more like a look of genuine concern,” I contended.

Keith is an avid letter writer, so at the end of his message to the students he invited them to write to him and supplied them with his prison address. I encouraged them and Máel to consider reaching out to him. I also mentioned Keith’s upcoming parole hearing which will be scheduled in the early part of 2021. In response to the question of how they could help in the Monfils case directly, I proposed that a letter on Keith’s behalf to the Parole Commission would be most beneficial.

“Let me explain, I said. One thing I learned about the value of these letters is this. When people send in letters of support, it may not be acknowledged as positive support for the prisoner. But during one parole hearing in particular for one of our men, the commissioner assigned to his hearing made it a point to mention that not one letter of support had been received. It’s a way for them to intimidate, to manipulate, and to demean.”

The session ended. And while Máel directed the students to applaud their guest, I, in turn, applauded them for their interest, their motivation, and their willingness to be exposed to a topic that is extremely depressing, but one that they themselves could very well have a hand in changing…or at the very least, decreasing the likelihood of its recurrence!

As students left the session one by one, a brief and thoughtful message from H.A. appeared in the chat box. It read, “Thank you, Joan!”

Afterward, I realized I hadn’t asked the students for feedback regarding Keith’s letter. I reached out to one student who had friended me on FB after reading my book. I asked if they’d like to offer some. I was deeply touched by these inspiring words, filled with compassion:

“When I first got the news that Keith had written something for the class, I was shocked that one of the six wrongfully convicted men wanted to talk with the class about his story. I was also excited to read the letter, so I can learn a little bit more about the case as well as learn more about who Keith is. After reading the powerful letter that Keith wrote, I felt more educated about the struggles he faced before and during his incarceration. Keith also has inspired me to push even harder to fix the many issues that are currently occurring in the criminal justice system. My dream job has always been to be a part of the Innocence Project and Keith’s letter and story is also showing me that my dream job can become a reality because there is a need for people to fight for others when others cannot fight for themselves. I am also happy that Keith included his mailing address so I can write to him and keep up on the case as it still develops. I am extremely honored to have been part of the wrongful convictions class at Hamline University as well as had the honor to have talked to a person who has experienced the many injustices of the criminal justice system first hand. Sincerely, L.C.”

Pandemic: A Different Kind of Similar…

For me October 2nd, International Wrongful Conviction Day is a reminder to stay vigilant in a personal mission that came to my attention in 2009—to join a growing movement to vindicate those wrongfully convicted for the tragic death of an employee inside a Green Bay, Wisconsin paper mill.

Front page article with verdicts in the Monfils case on October 29, 1995

Reclaiming Lives: Pursuing Justice For Six Innocent Men, the book I published in 2017, highlights this high-profile case from my non-legal perspective as it reenters the courts twenty years later, based on newly uncovered evidence of innocence. This story which addresses true events and real people whose lives were thrown into chaos when, in October of 1995, six murder convictions befell six of the victim’s coworkers, continues to this day to plague these men, their families, and the surrounding community–all of whom have never fully recovered from the fallout. The path of devastation that ensued following the guilty verdicts, despite a lack of credible evidence or eye witnesses, has become a disease without a cure.

Ten years ago, I committed to staying the course by advocating for these six men and their families. And while I have not been as outspoken lately in regard to this specific journey for justice, I’m still in the fight working hard behind the scenes toward eradicating the misinformation and doubt in the minds of those still unaware of the facts.

4-21-2018 presentation at the Neville Museum In Green Bay, Wisconsin

In the most recent years my colleagues and I were on a roll. We began to feel unstoppable. This mission to reach the public, to disseminate the real truth, and to rally against this injustice had gained more ground than we’d ever thought possible. Support for the six men had risen to proportions well beyond our expectations.

Press conference with local media, July 3, 2019

We were no longer grappling for attention from the media or from the public whose attendance at our local events was slowly on the rise. We were tapping into incredibly lucrative venues. We had a firm grasp on what we had worked so diligently to accomplish on behalf of these men.

This group of ordinary people intent on correcting this injustice, despite having limited resources, had touched a nerve within this community both with those who continued to deny an injustice had occurred as well as those fed up with the status quo who still felt troubled by its many unanswered questions.

3-7-2020 book signing with Michael Johnson at the Lion’s Mouth Bookstore in Green Bay, Wisconsin

I had begun to engage in incredibly well-attended book events with my special and willing guests—the men who had recently been paroled. Folks in the community were excited to meet them, to hear in their own words the long-standing simmering questions that still lingered and still demanded credibility. This was a rarity. And their answers were not the spoon-fed variety that has been reiterated by the Brown County authorities since 1992.

But then COVID-19 hit. And all of our efforts came to a screeching halt.

Judge John Zakowski; the former prosecutor in this case (now a district judge in the same county), recently expressed his belief that these men have everything to lose if they were to all of a sudden confess.

Michael Hirn, one of the six convicted men, wholeheartedly confronted that belief with this fiery reply while participating in one of our book events:

“My response is simple. Who has more to lose at this point? I served almost twenty-four years for a crime I have no knowledge of or participated in. If I came forward now I would probably lose some friends and their support, but that’s it. Now let’s put the shoe on the other foot. If Zakowski came forward and said he wrongly convicted us, what would happen? He currently serves as a judge for the Green Bay community; the same community he lied to all these years by saying we were guilty when, in fact, he wrongfully convicted us. The ripple effect would be huge on this community and career suicide for John Zakowski. So who really has more to lose by actually telling the truth in this case?”

In twenty-eight years, this case has never completely gone away and it never will, for good reason. Most who delve deep into the details come away with searing doubts about the validity of the so-called facts presented by the former prosecutor. The plausibility that six mill workers could turn on a coworker so brutally and so vile, to then continue to lie about it, deny their involvement, and go to great lengths to convince the world that a murder had never even taken place, is highly improbable.

As long as we as citizens refuse to embrace the serious flaws of this “best system in the world” and as long as the authorities who perpetrate these injustices ignore the rules and/or avoid taking the necessary steps to correct past mistakes, we will never fully obliterate this wrongful conviction affliction within our society.

Rest assured we are in uncertain times. But when the opportunities once again present themselves to continue on with this mission, it will be full steam ahead for this crusader with more determination than ever before. Please stay tuned for future activities and updates…

Until then, take care and stay safe!

A Public Appearance and Fervent Appeal…

Nervous excitement consumed me as we arrived at the Brown County Library in Downtown Green Bay on Saturday, January 11, 2020. My husband, Mike, and sister, Clare, were there to lend support and to help prepare for one of my most important and uniquely historic book events.

We were greeted by my niece, Jordan, who was waiting in the lobby and wearing her ever cheerful smile. Jordan is my technical guru and photographer at book events. Her assistance on that day was especially appreciated.   

Jordan and me at a previous book event

In the meeting room located on the lower level of the library, Mike and Clare busied themselves with setting up posters and a table for book sales. Jordan and I did a test run on the Power Point program. Luckily, there weren’t any apparent glitches that might spoil the presentation or lessen the focus on my notable special guest…

Promotional flyer created by the Brown County Library staff

This was the first time since my book; Reclaiming Lives: Pursuing Justice For Six Innocent Men was published in 2017, that one of the newly released men would be joining me for a book event. I was thrilled when Michael Hirn, the youngest of the six, and the one who was released just over a year ago on December 18, 2019, agreed to participate.

(Photo courtesy of WBAY Ch. 2 from December 18, 2018)

“I’m getting excited for this event,” Hirn had told me a few days earlier.

I admired his courage. This being his first public appearance since his release, we had discussed his wariness of being the center of attention, and his susceptibility to negative scrutiny.

“My audiences have always been respectful,” I reassured him. “I believe this audience will be receptive to you, and to what you have to say. In fact, those who feel otherwise typically stay away and prefer to hide behind their aliases to ridicule everything they know nothing about!”

A half hour before we were to begin, our guest of honor walked off of the elevator. His presence soon filled the room. Accompanying him was his girlfriend, Gretchen, and some of her friends. Kirt, a friend of Hirn’s who has lent his support since they became friends, was also with them. Kirt had reached out to me as a way to reconnect with Hirn shortly after his release and it was great to finally meet him.

Andrea, the events coordinator for the library who had graciously assisted in scheduling this event, came down to check on our progress. She was delighted to meet Hirn and she expressed interest in learning more about this case. She said she’d be back down to introduce the two of us, and to listen in to at least part of the program.

Soon, people filtered in. Chairs filled. More were brought in. The room came alive with people conversing and sharing their connection to this high-profile case. Many gathered to hear the truths of this brave soul.

WBAY Ch. 2 (Green Bay) reporter and journalist, Dakota Sherek arrived. “Do you have a few minutes for an interview?” she asked. We left the room, now bustling with people. Afterward, she positioned her camera toward the back of the room to film part of the event.

Also in attendance was Green Bay Press-Gazette reporter, Paul Srubas, who has covered this case since the beginning in 1992.

Applause followed Andrea’s introduction. It was time to share aspects of a journey that had traveled from Wisconsin to Minnesota and landed in the hands of key legal professionals who, after studying all aspects of this case, became troubled and alarmed by what they felt was a deeply problematic case. They soon became actively involved in correcting an unjust outcome.

Retired crime scene expert, Johnny Johnson, and Mpls attorney, Steven Kaplan, uncovered new information supporting the idea that Monfils’ death  was a suicide

It is always my greatest hope that a mere glimpse into this complex case has the potential to sway opposing views of those who are convinced this was a murder, or who may still be on the fence. In my narrative, I emphasized the following details as the main elements of why this case has not slipped into oblivion for twenty-eight years:

No eye witnesses corroborated a beating had occurred and no blood was found in the area where it was said to have taken place. No murder weapons were ever found. (Photo Courtesy of The Monfils Conspiracy Published: 2009)

Tom Monfils body was found near these propeller blades inside the paper pulp vat. A more recent examination of the autopsy report revealed the dimensions of the injury on the back of his head match the dimensions of these blades exactly. However, the original coroner had determined all injuries had occurred prior to the victim entering the vat. (Photo courtesy of Mpls investigative team)

The rope and weight are the only tangible pieces of evidence. In 1992, the crime lab identified these knots as nautical in nature and recommended they be sent to the Coast Guard for examination. No record has been found of them being sent. In 2015, it was learned that Monfils’ brother, Cal, had told detectives in 1992 that they were possibly tied by his brother and that this info had been dismissed. Also in 2015, knot was identified by a rope expert as a two half-hitch nautical knot. (Photo courtesy of Mpls investigative team)

Former prosecutor’s stance on the evidence from the original trial. (Photo courtesy of Beyond Human Nature Documentary film due out in 2020) 

 WI exoneree’s stance on the crime. (Photo courtesy of Beyond Human Nature Documentary film) 

Also highlighted were more recent releases of three other men:

Dale Basten was released to a nursing home on September 5, 2017. Although he had major health issues, he was still required to wear an ankle monitor. He died nine months later on June 23, 2018

Clare Martinson with longtime friend Reynold Moore. Rey’s release date: July 2, 2019

Mike-Joan Treppa with Kim-Michael Johnson on July 3, 2019; the day Johnson was released.

The presentation ended with a 6-minute video taken the day of Hirn’s release; a touching portrayal of hope, years lost, and new beginnings on the tail of catastrophic tragedy and demoralizing loss. The piece was created by friend and colleague, Mark Saxenmeyer; CEO of Minnesota based The Reporters Inc, as part of his docuseries titled Guilty Until Proven Innocent.

The audience then offered another round of applause and turned their attention to the main character in the video. Hands shot up. Questions arose. Concerns were raised. Most importantly, hearts were deeply touched as evidenced by the outpouring of warmth, support, empathy, and compassion for an undeserving fate that befell this honorable individual. Undeniable to this crowd was Hirn’s deep personal conviction, self-imposed high standards, and absence of anger to never allow this nightmare to define who he is today, tomorrow, or ever.

One of Michael’s first statements to the crowd was a generous but fervent appeal:

“Everybody is entitled to their opinion, whether they’re on our side or not. But not if you’re uninformed.”

And another noteworthy comment in response to a question he is asked frequently in regard to the way in which Tom Monfils may have died:

“To anyone who asks who in their right mind would kill themselves like that?” Hirn answers, “Who in their right mind would kill themselves?”

Fifteen books went out the door that day. I had requested Hirn also sign them. He did so with enthusiasm as he socialized with excited purchasers. This was his moment to heal, to savor the normalcy that everyone in that room knew. It was his time to shine, and to devour a feeling of belonging within a community he’d been isolated and shunned from for twenty-three years.

The 90-minute allotment for this event slipped by unnoticed. Finally, after nearly three hours, we were reminded through the library’s telecom system that they would be closing in twenty minutes. We packed up our belongings with great satisfaction, and a sense that this event had advanced our purpose to educate and inform.

Events like this one continue to present and open new doors and new avenues of communication, which solidifies our belief that we are on the right path, but far from completing this noble and necessary mission…

WBAY article

Green Bay Press-Gazette article