Tag Archives: Parole Commission

Did You Hear What I Heard?

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Said the Advocate to the Parole Chair….

Each year for Christmas, I strive to find a unique gift to send to the five incarcerated Wisconsin men I advocate for. It’s a challenge to find something meaningful beyond a cheerful note and a suitable Christmas card. But each year the perfect gift does come to mind.

This year, their gift was one of action. Since all of them have now been granted parole hearings, they ask friends and loved ones to send letters of support to the parole commission on their behalf. So I did what I felt was most effective. I went straight to the top and sent a letter to the Chairperson of the Parole Commission himself; Mr. Dean Stensberg. Accompanying the letter was a summary compiled from notes I had taken during a recent evidentiary hearing from last July for Keith Kutska, one of the men convicted in the Monfils case.

Here’s the letter: 

December 15, 2015 

Mr. Dean Stensberg

Wisconsin Department of Corrections
3099 E. Washington Ave.
P.O. Box 7925
Madison, WI 53707-7925 

Dear Mr. Stensberg, 

I trust that this message finds you well. 

My name is Joan Treppa. I am a citizen advocate for the wrongfully convicted. I live in Minnesota but for the past six years, I have advocated for the release of the five Wisconsin men convicted in the Tom Monfils murder case who remain behind bars; Keith Kutska, Reynold Moore, Dale Basten, Michael Hirn and Michael Johnson. 

I was compelled to get involved in 2009 after reading the book; The Monfils Conspiracy. Despite my lack of education in the field of law, I recognized that this case was handled in the worst possible manner. In an attempt to find something that would cause me to believe that these convictions were justified, I talked with the authors of the book and I met the exoneree in the case, Michael Piaskowski. I then met with the family members of the men.  But I found nothing. In fact, I found the opposite; the more I learned, the more I was convinced that this case is riddled with corruption and that all of these men are truly innocent.   

In 2011, I hired a retired crime scene expert to re-investigate the case files. He did so thoroughly. And he confirmed my suspicions with the knowledge to make such a determination. So he helped me to find a law firm to represent one of the men, Keith Kutska—the lead suspect in the case. 

In 2013, we were successful. We hired Attorney Steven Z. Kaplan from the law firm of Fredrikson&Byron, PA in Minneapolis to study the case. He spent more than two years combing through the details. His evaluation matched ours; that the case was suspect. But Mr. Kaplan went a bit further in his assessment when he was convinced that the victim, Tom Monfils, had indeed committed suicide. 

Much of the evidence that was available at the time and that pointed to a possible suicide was never addressed during the trial. It should have been. Even Cal Monfils, the victim’s own brother tried to convince the lead detective that the knots on the rope and weight were most likely tied by his brother Tom. But the detective dismissed that notion and assured the one person who knew his own brother better than anyone else that they had already looked into it, when in fact, they had not. The rope and weight were sent to the crime lab. But when the crime lab came back with a recommendation to send the evidence to the Coast Guard, because the knots were determined to be nautical knots, that action was never taken. Let me clarify; those critical pieces of evidence were never sent to a lab that could have properly identified them. 

A thorough investigation would have also included doing a psychological evaluation of Tom Monfils. That was never done. If one had been done, it would have been clear that he had emotional issues and that he was a prime example of someone with suicidal tendencies; he had been in counseling, he kept to himself, his marriage was in shambles, and now he was being chastised for snitching on a co-worker. He died in a manner familiar to him from his Coast Guard days. He was part of a team that retrieved fellow officers who had jumped ship by tying heavy objects around their necks in an attempt to commit suicide. 

A case like this is tragic beyond words. Many lives have been devastated because of it. And the injustice continues as each parole hearing comes and goes with no relief for any of these men. There is no consideration of the actual facts. There is no recognition of the flaws that have been laid out in a recent evidentiary hearing for all to see. There is no justice for these men. 

These men do not lie when they profess their innocence. But in the criminal justice system, there seems to be no patience for those who stand by that claim. But these men do so, despite their understanding that it will mean a longer prison term. Is it so hard to understand that they will never fail their own conscience; that they will never sacrifice their integrity and that they will never admit to something they did not do? 

I stand by these men and will do so as long as they seek freedom. I believe they will see that day come because I believe in them. I believe in everything they stand for. And I believe they are innocent. 

I’ve included a summary I compiled last summer in regards to the evidentiary hearing. I hope you take the time to read it and learn about the many facets of this case that were never covered properly. 

When these men do come up for parole, it should be clear to those who stand in judgement of them exactly why they stand firm in their innocence. My aim is to provide that knowledge. And I urge the commission to release all of these men as soon as possible. 

Thank you for your time.

Happy Holidays. 

Update: A week later, on December 22nd, Mr. Stensberg called me on the phone to acknowledge my letter. He was pleasant and expressed his appreciation for my support of these men. He explained that my actions are an important aspect of the parole process, etc…but what was clear to me was that my letter had struck a chord. After all, he could’ve brushed me off with a formal and hollow response. So I expressed my gratitude and allowed him to continue.

Mr. Stensberg voiced his concern about taking the proper legal steps on behalf of the men. I felt he had missed the jist of my detailed letter. He then contended that it is not the responsibility of the parole board to determine guilt or innocence but to decide through a number of factors whether adequate time has been served, given the crime committed. He did not specifically identify those factors but my recollection of them as stated on the parole commission website, are as follows:

Criteria for parole:

  • Reached the Parole Eligibility Date in his or her sentence.
  • Served sufficient time for punishment of his or her crime(s).
  • Shown positive changes in behavior as well as documented progress in programming, treatment and/or educational achievement.
  • A viable parole plan which offers the offender realistic opportunities for a stable residence, employment, and programming, if needed.
  • An acceptably reduced level of risk to the public. The criteria for determining risk include past criminal and incarceration record, probation and parole violations, security classification, and any unmet treatment or programs needs.

As he spoke, I thought of how all of these men have satisfactorily fulfilled these directives, some having gone well above and beyond and how they are still being denied parole. But the reality for those truly innocent, like the men in this case who refuse to admit guilt for a crime they didn’t commit, this program is merely a façade, a formality, giving outsiders the impression that it’s about rehabilitation.

Who within this organization would ever admit to an unwritten rule preventing early release for inmates asserting their innocence? On the contrary, this is viewed as an inmates inability or outright refusal to show remorse. Just ask any exoneree.

During our discussion my impression of this man wasn’t reassuring as he firmly stressed the integrity of his office and the seriousness with which they enact the commission’s responsibilities. There was no point in pushing back. It was hopeless and served no purpose. For the time being, keeping this communication line open, did.

In conclusion, Stensberg reassured me,”We are watching the Monfils case closely and we are concerned with the aging men.” But as I listened, my understanding was that Mr. Stensberg was trying to convince me of something far fetched. I wasn’t buying it and I realized that nothing would ever change for these men regarding parole.

My last statement to this man was one of urgency to release these men as soon as possible. But now, in a recent visit to the Wisconsin Dept. of Corrections website, I noticed Mr. Dean Stensberg is no longer Commission Chairperson. Back to square one…

Meeting Expectations…

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Michael Hirn. Photo courtesy of WBAY Ch. 2 Green Bay, Wisconsin

It’s disgusting to still hear the harsh portrayal of six paper mill workers from Green Bay, Wisconsin, convicted of an alleged “murder plot” in 1995. The murder theory was never really proven, at least not to the satisfaction of anyone other than those motivated to turn a tragic suicide into a murder. To this day, when this case comes up in certain circles or in the news, these men are characterized as “union thug conspirators” and “murderers” and the whole alleged “bubbler” incident gets rehashed all over again.

When monitoring social media news sites whenever a story is published about this case, I’m amazed at the lack of knowledge and/or misinformation still out there. Despite a more recent investigation and repeated coverage during the 2015 hearing for Keith Kutska, people are relatively still in the dark about what most likely happened. I believe the ignorance persists for two reasons. 1. “Guilters” are only that and are seldom interested in becoming educated. 2. Because coverage rarely includes the “new” and more recent information made public during the hearing that clearly leans toward suicide. It’s like the news outlets are afraid or unwilling to tell that side of the story. I get why that is. It’s because they dare not offend the DA’s office or the Police Dept; two entities the media heavily relies on for critical information for future stories. Simply put, they need to keep those crucial lines of communication open…and cooperative. This sad fact is true, especially within smaller communities like Green Bay.

Having befriended these men over the years and meeting them all face to face more than once, my impressions of them are vastly different from that of the general public. And in my ongoing mission to tell their side of this very tragic story, it is my pleasure to introduce my readers to them on occasion. I feel it is important to give the men a face, a voice from behind bars, and a chance to gain additional support from those who might not otherwise know anything about them other than what they’ve read or seen in news clips. Doing so at this time is especially important. The very real reality that at least some of these men are now being granted parole, is upon us.

I told you earlier that Dale Basten was given “compassionate release” in 2017 due to his failing health and the high cost of his medical care. Unfortunately, nearly nine months later, Dale passed away. And now we just learned in December of 2018 that Michael Hirn has been granted parole. I’m excited to announce he will be released the week before Christmas!

I blogged about the incredible visit my husband, Mike, and I had in February of 2015 with Keith Kutska. You may recall that Keith was the alleged ring leader of the “angry mob” that supposedly gathered on November 21, 1992 to beat up Tom Monfils.

On Saturday, April 18, 2015 we drove to Oregon, WI which is just South of Madison, to the Oak Hill Correctional Institution*. This time we were visiting Michael Hirn; the youngest of the six men. My husband took this video prior to our entrance onto the prison grounds.

Main entrance at Oak Hill Correctional, Oregon, Wisconsin 

To add a little background that separates Michael from the others, back when this case was being investigated, aside from readily taking and passing four polygraph tests (which all of the men took and passed), Michael pushed to have the FBI involved in the investigation. The FBI did arrive on the scene but left soon afterward. I have no insight as to why that is. But like all of the others, Michael found himself in the wrong place at the wrong time the day Tom Monfils went missing. And there still are too many unanswered questions regarding this case.

For this visit we were under special visit status due to Michael’s full visitation list. We had completed the requirements for a one-time visit only. We approached the front desk and presented our ID’s. However, the guard could not find the form we had filled out in the appropriate blue folder. He was apologetic as he searched for the information that would confirm our visit. And he was kind enough to also acknowledge our long drive. He made a call to another guard who finally found the missing form in another location and, after a sigh of relief, sent us on our way to the visiting room.

We were directed to table #30 on the far side of the room. Many tables near us were occupied. Similar to our visit with Keith, the atmosphere was relaxed…and normal. We waited a few moments before Michael appeared. I waved to signal our presence. We exchanged smiles while he checked in. This experience was oddly familiar given it was only our second visit to a prison.

As Michael approached he shook hands with my husband. They hugged. Then it was my turn to receive a hug. We were delighted to finally meet him. We had been scheduled for a visit a month earlier but when the form was being processed, Michael was unexpectedly transferred from Fox Lake Correctional to Oak Hill, a medium security prison. The paperwork had gotten lost but thanks to Ms. Miller, Michael’s Social Worker at Fox Lake, the process was expedited.

Michael, like Keith, is kind, thoughtful, courteous, and talkative. We knew from his many letters that he is outspoken about our judicial system and very intent on working to correct its many flaws as soon as he is able. We had told him then that we will be there to support him when that time comes. And so his new life will soon begin…definitely with our support and the support of many others.

While in the throws of discussing the new developments in the case and the encouragement of renewed possibilities during the visit, Michael’s smile appeared time and again. It was a blessing to him…and to us. We three were becoming comfortable in each other’s presence when, forty minutes into our visit, a guard walked over to our table.

“Is it okay if two other visitors join you?” he asked.

Michael’s Aunt Marlene and Uncle Terry had arrived at the front desk. Michael was pleasantly surprised and we, of course, were eager to meet more of the clan. Aunt Marlene and Uncle Terry were anyone’s Aunt and Uncle; full of smiles and excitement as they sauntered in. Mike and I immediately felt at home with them. We hugged and we laughed. Mike and I learned that they had visited often over the years. Michael’s dry sense of humor surfaced when he introduced me as the “instigator” in the recent legal activities. Marlene, now sitting next to me, thanked me and offered another hug as tears fell. She then looked directly at Michael,

“I don’t know how you maintain such a positive attitude under such circumstances,” she said.

Michael told her “It is because of the support from so many that keeps me strong.”

My heart wept for Marlene and Terry’s pain over the course of so many years. It was obvious they relied heavily on each other for support. I felt grateful for their collective strength. They didn’t dwell on anger but a concern for Michael’s welfare. Their genuine love for him radiated.

The three-hour visit progressed rapidly. I wanted to have pictures taken so, the appropriate form was filled out. We were soon called over to the picture taking station by an inmate who’d be taking them. Unlike the experience during our visit with Keith, I was successful in getting both Mike’s to smile!

Marlene and Terry opted out of the pictures. “We are waiting for the day when Michael is released,” they said.

We then purchased and devoured ice cream bars. How good it felt at that moment to be a part of this mission…and these lives.

In the lobby following our visit, we spent time speaking with Marlene and Terry. We exchanged contact information. We felt honored by their expression of gratitude toward what we were doing for Michael. They thanked us for taking the time to visit their beloved nephew. The story of Marlene and Terry is the story of thousands who have lost precious years with loved ones due to a wrongful conviction. The resounding constant is the level of resilience and courage that so many of them possess.

Just before this visit, I had done as I always do, sent my most recent blog piece to all of the men which described our visit with Keith. In Michael’s letter he referenced our upcoming visit and mentioned that Keith had set the bar pretty high. He admitted he was feeling the pressure to make sure we had an even better visit. Honestly, Michael had nothing to worry about. This visit vastly outweighed any expectations we may have had for that day. We’ve again been blessed with insight into the integrity of another courageous soul…and his family.

joan-mike-treppa-w-michael-hirn-at-oakhill-correctional-4-18-15

Mike and Joan Treppa with Michael Hirn. (Photo courtesy of Oak Hill Correctional Institution)       

*Michael was moved to and will be released from McNaughton Correctional Center in Tomahawk, Wisconsin.