Author Archives: Joan Treppa

The Irony and Commemoration of an Historic Injustice, Pt 1…

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“A Green Bay Fumble”                            

Fumble – Wikipedia, the free encyclopedia; A fumble in American and Canadian football occurs when a player who has possession and control of the ball loses it before being downed (tackled) or scoring. By rule, it is an act other than passing, kicking punting or successful handling that result in loss of player possession.

So what then is a Green Bay Fumble?   Allow me to explain…

In a town whose population averages roughly 120,000 people, almost every one of its residents devotes insurmountable time, energy, and money to support the infamous Green Bay Packer NFL football team. No matter what time of year it is you can expect to see a sea of green and gold attire wherever crowds gather; in the grocery store, at the mall, a park, and most assuredly in the bars. When traveling to this area of the country which is part of the Midwest, the dedication and protective nature towards this team is evident. The sport actually defines the identity of this community; a fact that is well-known throughout the United States.

Whenever I wear my special T-shirt displaying the slogan “A Green Bay Fumble”, it never fails to elicit questions about its meaning. For many it references American football. But for others who make up a small minority within Packerland it defines an underlying hypocrisy so deeply rooted that the city’s true identity has become muddled. For the majority of its residents a palatable truth about this hypocrisy is quite clear. But an understanding of the factual truth leaves one weighing the rationale behind certain claims and the integrity of the community accepting of it.

Deep in the heart of the Brown County Courthouse in Green Bay, Wisconsin an undeniable controversy cries out from within the stored pages of a twenty-eight day trial transcript of long ago. On October 28, 1995, six men; Michael Piaskowski, Michael Johnson, Michael Hirn, Reynold Moore, Dale Basten and Keith Kutska were convicted of first degree intentional homicide due to an incident that is alleged to have taken place at a nearby paper mill. The mill was the backdrop for a tragic and brutal death that was said to be deliberate. Through a series of events sparked by a fatal error initiated by the local Police Department the discovery of Tom Monfils’ body at the bottom of a paper pulp vat shook the heart and soul of this sleepy town. Murder didn’t happen in Green Bay, Wisconsin and this incident sparked fear throughout the entire community.

In 1995, approximately two and a half years after the body was discovered, pressure from a terrified community, a media blitz, and inescapable embarrassment by law enforcement instigated unprecedented measures to arrest, charge and sentence these six men to life in prison. During the trial, no physical evidence or credible eyewitness testimony was presented. In the beginning only one of the six men, Keith Kutska, was considered a suspect. But the other five who adamantly supported his innocence and provided alibis for him, also became suspect. They all were regarded as a union brotherhood from which a “union conspiracy” was declared.

This reasoning justifies a lie that persists today ironically designed to protect the Green Bay Police Department’s own “blue wall of silence”. This cover up by Green Bay’s finest is now aptly referred to by opponents of these convictions as “A Green Bay Fumble”. The idea that the authorities failed an entire community by dropping the ball is the rallying cry of the victims who hope that it resonates with this sports oriented public.

As bizarre or fantastic as this all seems, the story is laden with truths. These are the realities. And the real facts do support the innocence of all six men. Unfortunately, it has been close to a year since I started writing about this case and nothing has changed. These men are still in prison.

I could get insanely angry about this whole thing if I allowed myself to. I could sit and stew over why I’m able to get up each morning, go to bed each night, and in between do whatever it is I choose and wonder why they cannot. Or why I can sit and watch a perfect sunrise or sunset from my picture window inside my cozy home on my comfy couch, or be out having the perfect evening with the ones dearest to my heart whenever I want, and they cannot.

The truth is, I DO get angry and I DO think about these things every day of my life. I wonder why I am free and they are not when I know that like me, they’ve done nothing to deserve their fate. And when I get letters from them telling me they wish for me to experience all that is wonderful and they pray for my safety and good health, it breaks my heart. Just like their families who’ve been torn apart since 1992 when all of this started, my heart aches every day they remain incarcerated. I think of it as one more day lost that they will never get back. But they aren’t sitting there feeling sorry for themselves. They are productive hardworking citizens within an unforgiving prison system who have become adept at surviving when all odds are against them. They’ve experienced some of the worst that life has to offer and they still have the capacity to bestow good will and forgiveness onto others. They still have hearts made of gold unlike the people who placed them in this situation. This is how I know they are men of integrity which is why I fight for them.

From tragedy comes inspiration and courage. When I learned about this case back in 2009, I decided to get involved and become a part of a solution. I was ignorant about what to do. But I saw a need to continue creating awareness through the newly published book about the case. I argued that this was our opportunity to let the community know how unacceptable this is, that it is not forgotten, and that it is only the beginning of a journey to set the record straight. Revitalization was adopted and an annual ‘Walk for Truth and Justice” arose…

Discouraging Misguided Perceptions…

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Fact: An open mind is a terrible thing to discourage. But this happens frequently in the never ending quest for uniformity. Hence my frustration over how little education or interest is out there about wrongful convictions. Despite constant reminders through exonerations which have become wrinkles within the fabric of our judicial system, acknowledging the scope of their occurrence remains obscure. For many in the legal system, the underlying issue is pride and an inability to admit that mistakes have been made. But just as ignorance creates the potential for more of the same, we are still goaded into traditionalism despite the consequences.

Fact: Bias drives societal standards. But bias permeates society so there’s no getting around this. Therefore I seize every chance to educate and hopefully provoke an objective and diverse viewpoint. During a recent conversation with a local Minneapolis reporter with no knowledge of wrongful convictions or the Innocence Project, I stated my belief that the authorities get it right the majority of the time but that there is plenty of evidence to prove that mistakes do happen. Taking a reasonable stance piqued her interest and she expressed a desire to research the topic further. She stated, “I look forward to hearing more about the Innocence Project and will keep my eyes peeled/eyes open”. I expressed dismay over the unsatisfactory level of reporting the topic currently receives. “These exonerated people are real heroes living among us and we pay so little attention to them,” I had said.

In another encounter I shared this thought, “My determination in bringing awareness to this issue [of wrongful convictions] is due partly to the lack of attention it receives overall because of the perception that it only involves a small majority. I am committed to unveiling the misguidance of that perception”. But to be fair I too was once every bit as ignorant about this topic.

Fact: There have been close to 2,000 exonerations across the US since 1989. A small number of victims in all of that time right? WRONG when you insert into that equation the number of family members, close friends, and acquaintances also severely affected. We cannot count the myriad of cases currently up for review that have not been through the courts yet or the vast number of inmates whose cases may never be re-examined. None of those numbers can be included in the latest findings. Even the National Registry of Exonerations admittedly reports that their list is deficient of the total number of exonerations overall.

Fact: Perceptions can be misleading.This year alone has seen approximately 81 exonerations nationwide with a total of 100 reportedly projected to occur by year’s end according to the Registry. That translates to an average of two per week! Very good news but it also suggests the notion that this problem is much worse than previously thought! I envision that as scientific improvements continue, coupled with additional research into previous flawed practices, like eye witness identification which makes up a high percentage of faulty convictions, this number will increase over time. Encouraging news for the wrongly accused, but discouraging for those of us who place our trust in what we all like to call the best system in the world.

Tragedy in the Face of Innocence…

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Part of my advocacy on behalf of five innocent Wisconsin men happened through letter writing. In 2010, roughly a year after committing to helping these men, I was compelled to write to all of them to introduce myself and my partner, Johnny. Not knowing much at all about them made this a difficult but essential task. These men had most likely heard about us by now from their loved ones and we felt it was time for them to hear from us directly. It was important to let them know of our intentions.

In the weeks following, reply letters started arriving from each of them. My heart raced. “Wow, they’ve written back!” We wondered what messages were inside envelopes marked with this prison stamp:

THIS LETTER HAS BEEN MAILED FROM THE WISCONSIN PRISON SYSTEM

The first letter to arrive had come from the oldest of the men, Dale Basten. Dale had written a brief note and included a photo of himself, taken around 1961, as he stated, “…at the mill when I started there”. It was his way of introducing his younger self; someone from long ago that was no more. It was the face of a handsome young man with integrity and, dare I say, innocence that over time learned tough lessons due to being falsely accused of a heinous crime. I remember also thinking of this remarkable image as a dreadful reminder of a valuable life that had wasted away behind bars for too long. This was a family man who had once been an involved husband and wonderful Dad to two young girls in a setting familiar to most families. The only difference is that their legacy now holds only memories and remnants of a content life because of a horrible injustice that had gotten in the way and destroyed their world.

Photo of Dale Basten circa 1961

Photo courtesy of Dale Basten (circa 1961) 

The note accompanying the photo was brief but kind. It contained gratitude for my thoughtfulness and an appreciation of receiving it during an especially trying time of year; the holiday season. Additional letters from Dale ended with well wishes for my longevity and his reassurance that there is definitely a place for me in Heaven.

Three excerpts from the book, The Monfils Conspiracy describe Dale:

For those who knew him, Dale was, “…a happy-go-lucky kind of guy. He had a real good head on his shoulders. He caught onto things real fast and always had a good job. He was pretty much of a loner and a quiet person who kept to himself”.

His wife described him as, “… a devoted husband and Father.”

One of his neighbors said,  “If you needed a favor, he would be willing to help.”

Sometime ago, Dale experienced serious medical issues and was taken to a nearby hospital for treatment. Initially his family was given no information about his well being or whereabouts. They later learned he had suffered a heart attack. This experience, typical of those forced onto families of the incarcerated, caused extreme trauma. It makes little sense especially for those with loved ones serving time for something they didn’t do. I see this as a crime in itself that must be remedied.

Dale, aged 73, does not write long letters but what he does say is direct and thoughtful. I looked forward to the day when we’d encounter a face with eyes I imagined were now full of wisdom.

Update: In 2015, we met Dale for the first and last time at Stanley Correctional Institution in Stanley, Wisconsin. Then, in a sudden move in 2017, at age 76, Dale was given “compassionate release” due to his failing health. The Parole Commission cited his “advancing, maturing age” and “apparent cognitive decline” for the move. “It is clear from this encounter that you have little or no orientation as to your surroundings,” the Commission’s written decision stated of Dale Basten. (From an article in the Green Bay Press-Gazette)

Dale passed away nine months after he was released. RIP Dale.