Category Archives: Featured Exoneree

Unintentional Losses…

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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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Disillusioned Crusaders…

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John Grisham, a lawyer who practiced criminal law for about a decade is better known for his fictional stories that center on the complexities of our judicial system. In 2006 he published his first non-fiction story portraying an actual wrongful conviction case involving two friends; Ron Williamson and Dennis Fritz. The book called, The Innocent Man; Murder and Injustice in a Small Town is about a tragedy that happened in Ada, Oklahoma in 1987. I felt the book clearly characterized Grisham’s overall view of our best system in the world. From his perspective as a lawyer he talks publicly about becoming an author because of his disillusionment of the system and how, in his writings, he can easily incorporate his ideals and reassemble the efficacy of a just system. In this book Grisham writes, “If you believe that in America you are innocent until proven guilty, this book will shock you. If you believe in the death penalty, this book will disturb you. If you believe the criminal justice system is fair, this book will infuriate you.”

In 2012, my friend Shirley learned that Grisham would be the keynote speaker at a Midwest Innocence Project Benefit Dinner in Kansas City, Kansas. It was also likely that Dennis Fritz; one of the two men depicted in his book would be there selling his recent book, Journey Toward Justice. I was interested in meeting both of these men because of their involvement in the Innocence Project; an organization representing the wrongfully convicted. I quickly read both books to familiarize myself with Fritz’ story and Grisham’s connection to him. While reading I was stunned at the many similarities this case had to our Wisconsin case!

From the beginning the evidence in the case against Fritz and Williamson was non-conclusive. With no physical evidence, an overzealous prosecutor intent on winning relied on junk science, the testimony of jailhouse snitches, and circumstantial data to create the illusion of guilt. Distorted statements, questionable hair evidence, dream confessions, and other bizarre clues completed the prosecution’s circle of deception. Dennis was convicted after a swift trial. The vote of a single juror saved him from the death penalty and he was sentenced to life behind bars. But Williamson, his co-defendant, was sentenced to death. Then luck found them both when they were exonerated in 1999 with the help of the Innocence Project. Through DNA testing the real killer was identified. He had been one of the prosecution’s key witnesses.

Joan with exoneree Dennis Fritz and Dennis' Mom

Joan Treppa standing behind exoneree Dennis Fritz and his mother  

As we walked into the reception area I saw Fritz sitting at a table with stacks of books in front of him. Next to him was a woman who we learned was his mother. She looked quite frail. The details of their story soon came flooding back.

Fritz had served twelve years for the murder and rape of a young woman named Debbie Sue Carter. His mother had done all she could to help him. Through it all she had proudly stood by her son’s claims of innocence. I was convinced that her current ailments were caused largely by this ordeal and my heart wept for her especially. As Clare, Shirley, and I introduced ourselves we were received graciously but I could not shake the shame of feeling intrusive. However, my intention to share the tragedy of five innocent men from Wisconsin compelled me to make acquaintances with Fritz and hopefully Grisham as well. My goal was to ask Grisham for help.

This mission preceded any connections with law firms and we were still desperate to find someone…anyone, who would understand that the Monfils case was flawed and that it warranted re-examination. I was in constant turmoil about having failed repeatedly and even though Clare and Shirley were with me at this event, I felt agonizingly alone in my urgency.

I asked Fritz about how we should go about meeting Grisham. He suggested we head over to the table where they’d be seated for dinner as soon as the doors to the dining hall opened. He could not guarantee much time with the author but said this would be our best window of opportunity.

While we chatted with others in the reception area, I lost track of the time and neglected to see the doors of the dining hall open. By the time I ran over to look, a crowd of people had already surrounded Grisham, Dennis and his mother. I stood there helpless…feeling defeated. I conceded that this effort was futile and that these folks were not the ones meant to help us.

Alas, persistence eventually paid off and our luck changed drastically the following year. A Minneapolis lawyer by the name of Steve Kaplan; notorious in his own right for his successful Pro Bono assistance to death row client, Damon Thibodeaux, answered our call. And after two long years of studying every last detail of the case, he began the uphill battle of representing the supposed “ring leader” in the Monfils case, Keith Kutska.

A Tall Order to Emulate…

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On a recommendation from an exoneree friend, Michael Piaskowski, my husband Mike and I invited a distinguished stranger into our home in October of 2012. We were planning to attend a Benefit for Innocence in Downtown Minneapolis and it was suggested that we invite this exoneree. I looked into his case profile and found these details…

In June of 1989, a woman was kidnapped from her home, raped several times and abandoned along the side of a road in Bluff Siding, Wisconsin. Fred Saecker who was 6’3” tall and very thin with a full head of hair at the time, DID NOT fit the victim’s description of the attacker at all. However, since he was in the victim’s neighborhood around the time of the attack and (according to the summary I read) had been drinking they focused their attention on him. He was charged with burglary, second degree sexual assault and kidnapping. At trial a truck driver testified that he saw Mr. Saecker wearing a blood stained T-shirt and a forensic analyst testified that pubic hairs found on the victim’s body were “microscopically similar” to his.

Fred Saecker was convicted and sentenced to 15 years in prison. He would serve seven years of that sentence before DNA evidence would absolve him of the crime. I must clarify that last statement because of its significance. Four years into his sentence DNA proved his innocence but it took another three years for the authorities to sanction his release! Read on…

In 1993, Fred’s Mother paid for DNA testing. Although the tests concluded that he could not have possibly been the perpetrator, his request for a new trial was denied until 1996 when the District Attorney finally dismissed all charges based on this DNA evidence…  

Fred arrived at our house after a five-hour drive from Wisconsin on the day of the benefit. He’s tall and thin making him mindful of hitting his head on the tops of doorways and low ceiling lights and fans in our home. He towered over both of us but his demeanor was non-intimidating. In fact, he was soft spoken and thoughtful. He expressed his gratefulness about being invited. Although Mike and I immediately grew fond of him, I also felt nervous. Not because of the accusations against him I believed were false but because I was very naive about this whole exoneree experience and somewhat vague about the willingness of them to revisit past nightmares.

We had time to get acquainted with Fred before friends would arrive prior to the event. So we broached the subject of his wrongful conviction. We knew nothing other than a few details and what our friend Mike Pie had told us about his circumstances. Fred was open and honest about his experience despite this being our first encounter with him. I wondered how it was possible for the authorities to target him despite him not fitting the description of the real perpetrator. I also wondered how they managed to not get a sense of his true nature. Ever since that little chat in our home, we knew that Fred would always be our friend. He has joined us on at least one other occasion and we’ve continued to stay in touch ever since.

I think in many ways, exonerees like Fred remain vulnerable to some degree, due to the lasting effects of their tragedies. They are keen when it comes to defining who is truthful and honest, but for some, the risk of being fooled by those whose intentions are tainted, is ever present. I am mindful of the mission I’ve been given, of the importance of not taking these people for granted, or underestimating their emotional state. These days, I feel much more comfortable when meeting an exoneree for the first time. The humanity I feel by being in the presence of great courage and endurance despite all odds, never goes away.

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Exonerees Koua Fong Lee, Audrey Edmunds, Fred Saecker, Damon Thibodeaux and Michael Piaskowski

Sometime ago, Fred sent me a thoughtful message stating, “Joan, you are incredible. I really mean that.” As accepting of those words as I am from someone I admire very much, there’s no doubt in my mind that the best deserved accolades go to this gentle giant of a man who stands tall, not only in stature but in the wake of extreme misfortune.