Author Archives: Joan Treppa

Life Lines…

A few years ago, Mike and I completed the requirements to visit some of the five Wisconsin men in prison. But we didn’t follow through with the visits just yet. This was noticed by my friend, Kathleen, while reading an article about my mission. During that time Kathleen’s son was in prison on a drug charge and she understood how important it was to her son that she go to visit him. I ran into Kathleen after she had read the article and she asked me, “Why have you not gone to visit these men? It means so much to have that outside contact.” It sparked shame within.

First of all, it was not a quick process to get onto a prisoner’s visitor list. This involved contacting the men, having them request the necessary forms, and then mailing them to me. When I had first received them, I filled them out and sent them to the appropriate address. The men then received confirmation that we were approved for a visit.

But having our names on their list took away from the possibility of obtaining other prospective visitors. An inmate can only have 10-12 people on their list at any given time. We simply dismissed the fact that this process had inconvenienced and disappointed them. We should have been more thoughtful about the intent.

I considered what Kathleen had said and I broached the subject once again with my husband, Mike. I was grateful for his concern over me going alone to a prison, and his thoughtfulness toward my feelings when he agreed to go with me on these visits. I initiated the process once again. We decided to start with one visit and see how it went. We made it through the approval process again and received confirmation to visit Keith Kutska. Now it was time to follow through.

Celebrating his sixty-fourth birthday this year, Keith has spent approximately one third of his life in prison. Through Keith’s revealing letters over a four-year span, we felt we knew him well and we both looked forward to meeting him. Saturday, February 21, 2015 was the big day. We we both felt anxious about going to the prison after reading the endless restrictions regarding dress code and the dos and don’ts listed on the instruction sheets that came with the visitor forms. Who wouldn’t be? We decided to use the two and a half hour drive time wisely, to mentally prepare for the experience. We decided we’d make it a positive one.

We entered a small building and were greeted by a guard who was helpful with explaining the procedure. We soon felt at ease and even exchanged light banter with him. We put our belongings into a small locker and returned to the receiving area. We then passed through the metal detector. We understood these ones were highly sensitive and had heard stories of people who’d been denied admission after failing to pass through the detector without setting off the obnoxious buzzer. You had three chances before being denied access. We were successful and breezed through on the first try! The guard even commended us. We were in!

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As we walked to the next building where the prisoners were housed, I don’t remember feeling especially frightened or worried even when hearing the loud clanging of the doors as they unlocked and re-locked behind us. We slowly navigated our way to the visitors lounge and upon arrival, I marveled at how normal everything and everyone looked. Each table was occupied by one prisoner in drab green garb and the family members and/or friends that had joined them. According to the instruction sheet, as many as 12 individuals could visit during one session. Although restrictions about touching were clearly stated on the instruction sheets, children were sitting on the laps of the inmates and we saw lots of hand holding. The atmosphere was as normal as any gathering place on the outside, and we were pleasantly surprised at the relaxed feeling in the room.

I stepped up to the desk where a guard was sitting. “You’re at table number seven,” he said to us. Mike and I sat, observing our surroundings. After ten minutes, Keith entered a far door. We recognized him at once. We immediately waved to him. He waved back and motioned to us that he had to show his badge to the guard at the desk. When he approached us, we shook hands and embraced. As we sat, Keith’s face beamed. But he didn’t try to hide an overwhelming bout of emotion that followed. Tears formed as he spoke about a February eleventh visit with Steve Kaplan, his new attorney. Steve had visited Keith on the same day as I had attended an exoneration hearing for Mario Victoria Vasquez in Green Bay. During their visit, Keith and Steve had lightheartedly discussed concern over my bold presence at the Courthouse, given my public role in the Monfils case. But Keith was deeply touched by my support for Mario. I hoped Keith could see he was not alone on this sentimental journey and that we shared the emotions he felt. There was much to gain from this friendship. Knowing Keith gave us valuable insight into the perseverance of the human spirit. I felt that ours was and is a bond strong enough to transcend time.

As expected, Keith was not shy and our conversation never waned for two hours; the amount of time allotted for weekend visits. In that time, we covered everything from current activities in the Monfils case, Mario’s exoneration, politics, human behavior, the stars, my latest writings, more human behavior, and the future. Both Mike and Keith had many common interests. At one point, I sat silent as they solved every problem imaginable between them. Once in a while I was able to insert a thought or two into the conversation. I even managed to divert their attention long enough to have photos taken! I chided Keith for not smiling in this photo but he laughed and said, “I’m a prisoner, I’m not supposed to smile.”

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Mike and Joan Treppa with Keith Kutska. (Photo courtesy of Jackson Correctional Institution)     

The guard stopped by to inform us we had five minutes left. It was then when Keith said things that will always stay with me. As tears fell he said,”Between the span of time in 2010, when the Wisconsin Innocence Project had failed to secure a new trial for Reynold Moore and the onset of legal representation by Steve Kaplan in 2013, your letters had kept me alive.” My heart sank. I was speechless. Keith continued and reminded us that the letter in my birthday card to him two years ago had contained the announcement about the law firm getting involved and that he would once again have legal representation. It was just then that I remember comparing Keith to a big cuddly teddy bear; one that is typically a source of great comfort. However, this one was in great need of solace. How desperate I was to provide that for him. But according to his admission, it became apparent that I already had.

Keith’s emotional demeanor was and is a glaring expression of what these travesties of injustices can do to the toughest of souls. Witnessing the wasted years behind bars for a crime that never happened left me feeling angry and more determined than ever to see this mission through. Kathleen was correct in her assertion. Throughout this entire journey, it never ceased to amaze me the importance of reaching out to others and how little effort it actually takes to provide a simple but much needed connection or life line, no matter the situation. Any act can seem insignificant to us but can hold great value to its recipient/s, more so than one could ever imagine.

Here’s a ninety-minute interview on blog talk radio from Feb 25, 2015.

 

A New Chapter…

Meeting someone who’s been in prison for a crime they did not commit is very humbling. But observing within them, an attitude more positive than many of us not affected by our judicial system, is surprising…and noteworthy. Mario Victoria Vasquez is such a person. He is conscientious, thoughtful, kind, patient and grateful for his new found freedom and for the outpouring of support he has received through his terrifying ordeal. Mario is also proud. He harbors anger because of what happened to him but he does not let it dominate his overall temperament despite these past circumstances…

“On February 5, 1998, the parents of a four-year-old girl took her to the St. Vincent’s Hospital in Green bay, WI because she had been complaining for two days of pain while urinating. The girl told a nurse that “Mario” had touched her. Based on a physical examination which revealed sores and vaginal irritation, hospital staff determined the girl had been sexually assaulted. A swab was taken and tested positive for genital herpes. The girl’s mother believed she was referring to 34-year-old Mario Victoria Vasquez, the babysitter’s brother-in-law who lived at the babysitter’s house. However, the uncle had disclosed to authorities that the girl sometimes referred to him (the uncle) as “Mario”. A Green Bay Police Detective questioned the girl alone. According to him, she volunteered that she had been touched by her uncle, father and babysitter’s husband as well, but on February 6, 1998, Vasquez was the one arrested and charged with first-degree sexual assault of a minor. Tests were never performed to determine where the disease originated from and the defense counsel was negligent in requesting that an expert be called in to debate; (a) the validity of the testimony of a four-year-old; (b) her obvious confusion of the facts throughout the process, (c) evidence of interviewer bias.  

Mario had served close to seventeen years of his twenty-year sentence, all the while, maintaining his innocence. He was unexpectedly released from prison on the evening of Friday, January 30, 2015 after a hearing earlier that day to request a new trial. The assault victim, now an adult, had finally come forward to disclose who her true assailants were.

Although this was reason enough for Mario to celebrate, the circumstances surrounding his actual release were not. Mario walked out of the Brown County jail in the middle of a chilly wintry night…alone. He was equipped with inadequate clothing–a light jacket, no hat or gloves, and no means to contact a family member to pick him up. He was forced to go back into the jail to ask if he could use their phone. It was sheer luck that he remembered his son James’ phone number.

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Exoneree Mario Victoria Vasquez and Joan Treppa 

Up until the present, I had only known Mario through letters. We had corresponded since August of 2013 because of a conversation I had with his ex-wife, Darcy. Both Darcy and my sister, Clare, are friends who live in Green Bay. Darcy became upset one day while the three of us chatted at my sister’s house after I brought up my recent involvement in the Monfils case. “I cannot be concerned over that case when no one cares that my ex-husband, Mario, also sits in prison for a crime he did not commit.” she said. “Tell me about him,” I said. Our conversation prompted me to start writing to Mario.

I told my sidekick, Johnny, about this case. He did an investigative evaluation of the facts. He then confirmed that Mario’s case was fraught with the same kinds of issues and inconsistencies as in the Monfils case. He found out that the same prosecutor and assistant DA worked on both cases within a few years of each other; a connection that sent up huge red flags. Mario was already under the guise of the Wisconsin Innocence Project (WIP) by then, though he felt discouraged because of how long it was taking to get his case through the courts. I encouraged him to give them time and assured him that they were doing their very best for him.

The essence of Mario’s letters embodied the utmost respect for others. He struck me as an educated and well-versed individual. I sensed he was hard working and motivated to continue on with a productive and meaningful life. He maintained integrity despite his tragic misfortune. His letters were similar to reading poetry. In them, he shared acts of kindness toward other prisoners through mentoring and friendship. The more I learned, the more I wanted to meet him. 

On the evening of Tuesday, February 10, 2015, I came face to face with my pen pal. For a moment, Mario and I stood there, staring at each other as though this was a dream. We marveled at the ability to share a handshake, a joke, laughter, tears and a hug. Still, Mario’s fate hung in the balance. A hearing was to be held the following day to determine whether or not this nightmare would be over. Although I was optimistic, Mario would not be at peace until he received word from the Judge that he was absolved of all charges. There was an edginess in his temperament and I did my best to grasp what he was feeling. I reassured him that no matter what, I would stand by him.

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A Family Reunited; Darcy, James and Mario 

My sister, Clare, hosted this informal gathering of close friends and family on Tuesday evening. Darcy, their son James, and James’ girlfriend, Sarah, were present. It was the first time this family had been together since Mario was charged in 1998. We all savored the moment…that evening…this miracle.

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Exonerees Mario and Mike “Pie” 

Also invited to this special gathering was Michael “Pie” Piaskowski, the exoneree from the Monfils case, along with his girlfriend, Teresa. Mike Pie and Mario became fast friends. They sat together, sharing individual stories with eerie similarities. Many emotions were felt that evening; anger, sadness, and disgust for a system gone awry. But we focused on new possibilities and a brighter future for Mario, Mike Pie, and for the many innocent people in prison who have yet to be vindicated.

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Mario (center) with WIP Attorneys; Cristina, Catie, Kyle and Curtis 

The next day, the hearing for Mario commenced at 1:30 pm in room 200 of the Brown County Courthouse. Cristina Borde, Mario’s lead attorney from the WIP, had mentioned the proceedings would be brief so we arrived early. Mike Pie, Clare, Darcy, and I waited in the hallway with approximately twenty-five of Mario’s family members. Excitement grew when the innocence project team walked in. Their presence lent a sense of comfort and excitement similar to the climax of a tense western film when the cavalry arrives on the scene to save the day! Mario was ecstatic to see all of us. This was his moment. We were his bravado!

We all entered the small courtroom. We sat and waited. In walked the former Brown County Assistant District Attorney, Larry Lasee, with a sour look on his face. He kept his gaze lowered as he sat in his designated chair. He began scribbling furiously on the notepad in front of him. We rose and settled in again after Judge Hammer entered. Cristina rose and began by defending Mario’s innocence. Mr. Lasee clarified his view in regard to Mario’s absolute guilt. He then added that the DA’s office would not be pursuing a new trial in this matter. The Judge displayed a puzzled look and defined the series of events prompting this hearing; that Mr. Lasee had, in fact, interviewed the witness, now an adult, who disclosed the true identities of two perpetrators! I could not make out the muffled response by Mr. Lasee but I had heard all I needed to. It was clear. There would be no more prison time for Mario. He would be free to rebuild his life.

The last thing we heard was what we, as supporters, had hoped for. The Judge looked at Mario and said,”Mr. Vasquez, you are free to go.” We clapped loudly as Mr. Lasee quickly found his way to the door. As he slithered through it, I thought, “Good riddance,” and dismissed him altogether before devoting any more of my energy on his misdeeds. Now was the time to focus on Mario and on the difficult road ahead. It was exhilarating to think that what had started on paper for the two of us was about to continue on with a new chapter in living…

Note: Eight months after Mario’s exoneration hearing, I was with him in front of the Brown County Courthouse one pleasant October afternoon as we prepared for an annual Walk for Truth and Justice. We happened upon Mr. Lasee as he walked up the sidewalk toward us and the building. Mario addressed him and pressed him about the lack of action taken in this case. “Mr. Lasee, are you going to arrest the two men who abused that little girl? You know who they are.” Mr. Lasee’s response was brief. “I cannot discuss that,” he said as he quickly made his way to the front door. And in a defeated tone, Mario shared his deepest suspicions and most dire concern for the then little girl. “I know for a fact that the abuse of this little angel continued for many years after I was convicted.”

Mario on The National Registry of Exonerations.

Post-Crescent article.

 

Unintentional Losses…

How many times have we seen car ads that boast about this feature…?  From zero to 60 mph in a matter of seconds!

This type of maneuvering has been proudly embraced by car manufacturers for years as a top selling point over other makes and models. But truth be told, no other car manufacturer has anything that surpasses the capabilities of a Toyota Camry! Certain model year Camrys can go from zero to ninety in as much time and they have a track record to prove it.

I’m just speculating but based on this news report from a recent class action lawsuit in a Minneapolis courtroom which garnered much attention nationwide, exoneree, Koua Fong Lee, former owner of a 1996 Toyota Camry along with the family of the deceased victims of an Oldsmobile Ciera, would probably agree that this is not a factor to be celebrated. In fact, they have asked Toyota, Corporation to fix a serious problem of unintentional acceleration due to issues with the car’s electronic throttle mechanism so that it does not cause devastating harm to more lives.

“Lee was driving his pregnant wife, their 4-year-old daughter, and his father and brother home on June 10, 2006, when he exited Interstate 94. As his Camry accelerated, he sideswiped one car before hitting an Oldsmobile Ciera. Experts said Lee’s car was traveling between 76 and 91 miles per hour when it struck the Ciera, killing its driver, Javis Trice-Adams, 33, and his 9-year-old son, Javis Adams Jr. Trice-Adams’ niece Devyn Bolton, 7, was paralyzed and died 16 months later. The three who died were “complete innocents,” said attorney Bill Markovits, who is representing the Trice-Adams family. “We ask you to hold Toyota fully liable,” he said.”  Star Tribune, Jan. 8, 2015

Despite numerous other drivers of the same make of Camry who have come forward because of experiencing sudden unintentional acceleration; the same issue that Lee insists caused his crash, Toyota stands by its assertion that the fatal crash in 2008 killing three people and sending Lee to prison for 2.5 years was solely due to driver error. Part of their argument during the recent hearing states Lee was an inexperienced driver and that he had mistaken the gas pedal for the brake pedal. They also argued that his 1996 model was not involved in a future recall event that dealt with the very problem he experienced.

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Lee’s 1996 Toyota Camry. (Photo courtesy of Star Tribune, Mpls, MN) 

“Lee was convicted of criminal vehicular homicide and sentenced to eight years in prison in 2007. A massive recall of newer Toyota models because of problems with sudden acceleration, starting in the fall of 2009, prompted attorneys to reopen Lee’s case. Ramsey County prosecutors dismissed the charges against him in 2010. The 1996 Camry was not among the vehicles recalled. Lee and four family members who were passengers in the Camry joined with family members from the Oldsmobile in a suit against Toyota.”Star Tribune, Feb. 4, 2015

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Koua Fong Lee at a press conference in Mpls following a jury verdict. (Photo courtesy of the Star Tribune, Mpls, MN) 

“Trembling as he spoke, and occasionally lifting a tissue to his face, Lee said, “I tried to rebuild my life, but it is very difficult to move on. I am very sad. I want to apologize to the other families” who had members killed or injured. “Every day I think about that accident,” he said, appearing to be on the verge of tears. “Many lives lost.” –Star Tribune, Jan. 10, 2015.

“Toyota’s attorneys appeared to be caught off guard. Driver Koua Fong Lee lost control of his 1996 Camry, said his attorney Bob Hilliard, because each time he tapped the gas pedal on the long exit ramp off eastbound Interstate 94 at Snelling Avenue, the car accelerated.” –Star Tribune, Jan. 29, 2015

This week’s outcome:

“Toyota Motor Corp. must pay $10.9 million in damages for the high-speed crash in St. Paul that cost the lives of three people and sent another man to prison, a federal jury decided Tuesday. Jurors in the Toyota liability trial found the world’s largest auto company 60 percent responsible for a 2006 crash that also sent a St. Paul man to prison for 2½ years. They found Koua Fong Lee, driver of the 1996 Toyota Camry that crashed into a stopped car at the top of an Interstate 94 exit, 40 percent responsible.” –Star Tribune, Feb. 4, 2015

My thoughts drift between deep empathy for both families involved in this terrible incident and what the answer is, as to the appropriate responsibility and duty of the nation’s largest automobile company. Personally, I had hoped that Toyota would have seen a clear and evident problem with their product, and that precious lives are still being destroyed because of it. It would have been prudent for them to take a more compassionate approach. They should have shown the world that their company is based on the highest standard of integrity, by putting their funds towards more in-depth research and to get to the bottom of this issue rather than paying multiple attorneys to blame the victims.

Honestly, I believe what will end up happening is that enough people will feel the same way as I and will seriously consider their next car purchase with this lawsuit in mind. Of course, there will be those who stand by Toyota no matter what because they like the product, but I think that in the long run, Toyota may have already caused their own demise which will likely affect their bottom line as well as their reliability, not to mention their unintentional loss of integrity.

Vroom  Vrooooooooooooooooooooooooooooom…………                                                                                                                 

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