Tag Archives: inspiration

Down…But Far From Out…

Greetings and Happy New Year! One of my goals in 2017 is to remain optimistic that this will be an exceptional and unprecedented year for ongoing efforts regarding our five innocent Wisconsin men; Keith Kutska, Dale Basten, Michael Hirn, Reynold Moore, and Michael Johnson.

There is much to be hopeful about despite a recent setback in our mission to request a new trial for one of those five, Keith Kutska. On December 28, 2016, we received word that Keith was denied justice as the Wisconsin Court of Appeals affirmed his conviction, barring him once again, the right to present new evidence in a new trial.

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During trial in 1995. Photo Courtesy of the Green Bay Press Gazette

Green Bay’s WLUK Fox 11 coverage included the following excerpt from that court’s decision:

“Kutska requests a new trial in the interest of justice. Because he failed to establish ineffective assistance of counsel or newly discovered evidence, that motion is procedurally barred. In addition, he has not established that the real controversy was not fully tried or that, because of trial error, it is probable that justice miscarried and a new trial would produce a different result.”

Here is the link to the entire Court of Appeals decision.

I’ll remind my readers that none of these men were granted separate trials to begin with, which in my opinion is a denial of a basic constitutional right. But let’s examine what I understand to be “the real controversy” in this earnest attempt to achieve justice; the idea that Tom Monfils’ death could have been a suicide. Those of us who support the innocence of all six men believe there’s plenty of evidence to show that suicide is a plausible explanation of what happened to him. We may never fully understand the scope of the circumstances leading up to his death but the science, the witness testimony, and the human interaction that occurred at the mill on that day in 1992, support this theory.

I believe the dominant reason for the resistance by the courts to allow progress in this case is pride. Simply put, they don’t want to admit that they’ve prosecuted, convicted, and incarcerated the men wrongfully. But the heart of the controversy among the general public seems to rest on misguided opinions and an inability to accept the suicide theory because of the taboo in our culture on the subject. Many are simply uncomfortable and even offended by the idea that someone would take their own life. In regard to the Monfils case, I often hear comments by those in support of the murder theory that no one in their right mind would commit suicide in the manner that Monfils died. But that idea falls flat because no one contemplating suicide is ever in a right frame of mind. At the given time, the victim will use whatever means is available or familiar to them, as it was here.

Based on these statements included in the court’s decision, the resistance to even have a conversation about suicide when it is staring them in the face is troubling. And knowing that the subject was never brought up during the 28-day trial is baffling.

According to the court, “(Tom) Monfils’ family’s opinions (as stated by the brother, Cal Monfils, during his testimony at the evidentiary hearing in 2015) regarding his possible suicide consisted of hearsay and speculation.” And, “In light of Young’s (the medical examiner) conclusions, trial counsel’s decision to forego presenting a suicide defense constituted a reasonable trial strategy, particularly given the questionable admissibility of the non-expert evidence (given at the evidentiary hearing) supporting the suicide theory.”

Having spoken with people who’ve dealt with suicide within their own families, the shame and profound guilt of those left behind is evident. They wonder why they were not aware and if there was something they could have or should have done to prevent this tragedy. The subject is painful, disturbing, and often avoided no matter the probability of its likelihood. But these influences should not blind any of us untouched by its effects to the possibility of suicide.

Statistical analysis favors our argument: According to the American Foundation For Suicide Prevention, “Suicide is the tenth leading cause of death in the United States” and is highest in middle-aged white men. “Each year, 44,193 Americans die by suicide.” In Wisconsin, it’s the 4th leading cause of death for ages 35-54. (Monfils was 35 when his life ended.) “Over four times as many people die by suicide in Wisconsin annually than by homicide.”

At this moment, we’re disappointed about the latest ruling but we are far from over and out and we will continue to exert a relentless stance in our quest to succeed. We have no illusions about the uphill battle we still face but if we can help it, we will never allow this injustice to persevere. We will take the plunge back into indeterminate waters as our mission expands to new levels of awareness and farther up the judicial ladder in 2017.

A petition to the Wisconsin Supreme Court is our next step. If this request fails, the legal team will pursue relief in the federal courts where the sixth man, exoneree Michael Piaskowski, obtained justice in 2001.

Until then, here’s a recap of upcoming events that I hope will greatly support these efforts. Two documentaries that will heighten awareness of this case are on the horizon and will be completed in 2017.

Beyond Human Nature is an examination of the human element and the interaction of the individuals involved on either side in the Monfils case.  Father and son team, Michael and Dave Neelsen of StoryFirst Media, based in Madison, Wisconsin are producing this project. Completion and distribution dates and venues are still unknown.

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Banner courtesy of ‘StoryFirst Media’

The Innocent Convicts examines how wrongful convictions occur. Seven cases, including the Monfils case, are reviewed in this project. Mark Saxenmeyer of The Reproters Inc, based in Minneapolis, Minnesota is the producer. Because of our involvement in the Monfils case, I and my friend and colleague, John Johnson, were interviewed for this project which will air on numerous PBS stations across the country in 2017. Specific completion and distribution dates are still unknown.

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Banner courtesy of ‘The Reporters Inc’

My tool of awareness is the book I’ve sought to complete in the past four years. This factual depiction of events from my perspective expands on the 2009 publication of The Monfils Conspiracy. Mine is a testament to the courage and perseverance of many I’ve met along the way who’ve experienced the ill-effects of a wrongful conviction. Because of my specific interest and involvement in the Monfils case, I impress upon my audience the urgency of taking action on behalf of the unfortunate victims aside from the men themselves; their families and close friends, people who led lives similar to ours before this tragedy befell them. I urge all to give credence to their long-standing predicament as well as to the devastation exacted on innocents everywhere.

In November of 2016, I submitted my transcript of this troubling story to a self-publishing company in Minneapolis called, Mill City Press. After finalizing an evaluation of the transcript, I received an astonishing overview. My story was regarded by them as having been “written well” and executed “professionally and tactfully” from a “facts only” perspective. Although an actual publishing date is uncertain, I am hopeful that the book will be available sometime during the first half of 2017.

I will post updates and specifics on all of these projects as they materialize.

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Early Spring sunrise on Laddie Lake, Blaine, MN (USA)

There are many uncertain variables at this stage but what an adventuresome and progress filled year this will be!

Foreword March…

A few weeks ago, friend and colleague, Erik Stewart posted on Facebook, some very thoughtful feedback about a large project I’m currently tackling; writing a book. Yes, an entire book that has occupied much of my time for the past three years with this past year being the most demanding.

I’ll be honest; I never thought I had it in me to compose anything more than a weekly blog. But with encouragement from so many like Erik, who are willing to devote time to scrutinizing my transcript as well as lend advice and provide me with helpful feedback, I’ve been able to fill empty pages with words that are evolving into a solid and compelling story. I’m excited that the telling of this fantastic journey of the past seven years to aid in the release of five (originally six) men wrongfully convicted of murder in 1992 is coming to fruition.

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T-shirt logo for six innocent men

My reasons for writing this book are critical at a time of extreme and unfair biases and blatant cruelty toward others no matter where we look. I believe it is imperative that we, as a society, be cognizant of the injustices that inundate the lives of those around us and realize the necessity to help correct them. If all of us experienced the depth of emotional healing and gratification that accompany selfless actions, I believe we all would become better people.

Proof of action must accompany words of wisdom which is the embodiment of this literature. Being an example and inspiring those who read it to focus more on working through problems with patience and kindness rather than misguided judgement or criticism is the underlying message. As I work through a lengthy process of creating what I call someone else’s story through my eyes, the ultimate goal is to produce a book that is honest, informative and accurate that will spur discussion about wrongful convictions and about our flawed judicial system.

As depressing as the book’s subject matter is, the story will end on a positive note even though the overall journey remains unresolved. It depicts a moment in time that catapulted a situation from devastating, to one of hope and distinct possibilities, with an appreciation that the actions of complete strangers have brought forth comfort and peace of mind to its victims for the first time in years. I’ve been told that the story I’ve composed is a seamless extension of the book that compelled me to get involved, The Monfils Conspiracy; The Conviction of Six Innocent Men.

Today I am unveiling an excerpt that sets the tone for my entire book. It is the testimonial of an individual that I deeply respect and who has maintained the highest form of integrity despite immeasurable pain and suffering for two decades. I am pleased that Keith Kutska, the main suspect in this wrongful conviction case, has agreed to compose a Foreword for my book. I am honored to share it with you now. I read it to an intimate crowd of family and close friends of the men in prison at our 7th annual Walk for Truth and Justice in Green Bay, WI on October 28, 2016.

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Joan Treppa speaking at 7th annual ‘Walk for Truth and Justice’

Please consider these thoughtful words from an innocent man:

Foreword by Keith Kutska:  

While at the James River Paper Mill on the morning of November 21, 1992, Tom Monfils disappeared from his work area and was later found dead at another location in the mill. Despite the evidence pointing to suicide, the police assumed that an “angry mob” of his co-workers had murdered him. The investigation soon centered on six men who had been working at the mill that day. I know this because I am one of those six.

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(L to R) Decedent, Tom Monfils, Convicted men; Dale Basten, Mike Johnson, Mike Hirn, Rey Moore, Keith Kutska and exoneree Mike Piaskowski

Few people, unless they or someone close to them has experienced what the “Monfils six” and their families have endured, are likely to understand the anxiety and sense of helplessness that overtakes an innocent person while he cooperates with law enforcement, only to have it call him a liar, a thug, and a murderer. Few can know what an innocent person suffers as he loses his job and becomes the subject of media stories and public contempt for a crime he did not commit. They will not experience or know the frustration that an innocent person experiences watching his family suffer as the investigation and trial continue.

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Garrett waiting for his Great Grandad, Mike Johnson, to be released from prison

Most people assume, as I once did, that even if the police and prosecutors do not know or admit the truth, the jury will surely find it in the end. In the “Monfils six” case, like in other wrongful conviction cases, this did not happen. All six of us were convicted of first-degree intentional homicide, sentenced to life in prison, and separated from our families and everything else that made our lives worthwhile. From then on, we could only hope that someday the truth would become clear and the injustice corrected. Our days would be filled with the depression, despair, and disappointment that an innocent man endures as his appeals and other legal efforts fail, and he fears that he will never regain his freedom and life.

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Exoneree Michael Piaskowski hugging his daughter, Jenny, upon release in 2001

Staying hopeful is difficult. Because I have been convicted, the struggle is uphill. That is something that every wrongfully convicted person soon learns. What I have also learned is that an innocent person can choose to maintain his own integrity. That is one thing that the system cannot take. I will continue to speak the truth and declare my innocence, just as the other members of the “Monfils six” have.

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Signs carried by supporters in 2016 Walk for Truth and Justice

After I had been in prison for more than fifteen years, I received a letter from Joan Treppa, a woman I had never met, but whose life was also changed by this case. She became a champion for all of us and for all wrongfully convicted people. If we regain our freedom, it will be because Joan cared and acted when she saw an injustice. I hope that this book inspires others to follow her path and become advocates for the wrongfully convicted.

–Keith M. Kutska

 

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Meeting Keith Kutska for the first time in 2015

Being Thoughtful and Giving Thanks…

Every day, I think about my many blessings. And I never forget about those who struggle daily to achieve some semblance of happiness. I’m especially mindful of those who dread any and all special occasions due to the lack hope and basic freedoms the rest of us take for granted. So in the very spirit of what I believe the holidays are all about-a nurturing of deep connections with family and friends-I give to you, a special gift, a thought provoking tribute….

Transformation is Real

Please join me in the celebration of hope, possibilities and life itself.

Thank you….and may you and yours enjoy a happy, safe and peaceful Thanksgiving holiday.

Footnote: Daniel Maurer is a non-fiction author and freelance writer/blogger who has experienced many challenges in his life. He generously offered his blog spot as an opportunity for me to share my story. I am deeply grateful for people like Daniel who truly care about the struggles of others and who seek to send a message of hope and comradery to those who have neither. Please check out his amazing journey while visiting his site. Thanks!