Category Archives: Featured Exoneree

Disillusioned Crusaders…

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.

Activities of recent years in the Monfils case.

A Tall Order to Emulate…

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.

A Promise Delivered…

In October of 2013, my husband and I, along with numerous other supporters of the Wisconsin Monfils case, attended a Benefit for Innocence; an annual gala hosted by the Innocence Project of Minnesota.

Claire Micoliczyk, Ardis Kutska, Brenda Kutska, WI exoneree Audrey Edmunds

Teresa Tario, WI exoneree Michael Piaskowski, Shirley DeLorme

Cal Monfils with WI exoneree Michael Piaskowski

Brenda Kutska, Kim and Deb Johnson

Mike Treppa, Erik Stewart

Linda and Johnny Johnson

The Benefit was held at the (former) Graves Hotel in Downtown Minneapolis. While the others engaged in conversation with fellow guests, examined items on display for the silent auction, etc., I stood alone canvasing the reception room, touting a small white paper sack containing special gifts. As was typical, I was on a mission, and on the lookout for the guest of honor and keynote speaker for that evening; California exoneree, Brian Banks.

I’d made a solemn promise to deliver precious cargo in person to Mr. Banks that evening; a task I had spent months preparing for. I was excited but a little nervous about my success in doing so, now that the time had come. As worried as I was about being bothersome, I was also very determined to keep my promise in delivering these special items.

I watched silently for the arrival of Brian Banks. I turned around and there he was, within a few feet of where I stood! The moment was nigh, with no time to waste. I took a deep breath as I approached him. Unable to calm my nerves, I introduced myself and blurted out that I had come bearing gifts. He was gracious despite my awkwardness, which had a somewhat calming effect. Still, I could hardly contain my excitement in showing him these treasures! Brian appreciated my sincerity and was visibly moved by this humble gift.

Joan explaining the contents of the paper bag to Brian Banks 

Brian is the man he is today because of his tragic story. He wound up in prison because of a lie…

Brian Banks was accused, arrested, and later charged with two counts of forcible rape and one count of sodomy with a special circumstance of kidnapping. The year was 2002. He was sixteen years old with a dream of a lifetime waiting at his doorstep. Brian was, “…a blossoming football star and had verbally accepted a four-year scholarship to play at the University of Southern California.”  But instead of fulfilling that dream, Brian was falsely accused of rape. The only place Brian was going was to prison, forcing him to postpone, even abandon any chance of pursuing a career in professional football. He was 26 years old when the California Innocence Project successfully aided in his exoneration in 2011. Brian actively tried once again to resume his football dream but he was not successful.

People tell lies. It happens all of the time. But how does one reconcile being sent to prison because of one? 25% of all exonerations regarding a rape charge end up being resolved because the accuser knowingly makes a false statement and later recants. In this case the accuser admitted, during a video-taped interview, that she had lied. But not before Brian had endured eleven combined years of being in prison and on probation. Never a thought was given to the consequences of her actions. Then after Banks was released, her aspirations were to reconnect and let “bygones be bygones”! Although charges, perjury or otherwise, were never brought against her, a lawsuit eventually was.

At the Benefit, Brian said he had spent a lot of time feeling angry over what had happened to him. But he was unwilling to waste any more time on those emotions. He now focuses on his work with the California Innocence Project, helping other wrongfully convicted people regain their freedom. And he does it with the same passion as when he played football.

What was in that paper sack that was so important? The book, The Monfils Conspiracy, which documents the Wisconsin Monfils case I’ve been involved with. Second, and equally important, were hand-written letters, addressed to Mr. Brian Banks, from five Wisconsin prisoners*, wrongly convicted of murder in this case. Reynold Moore, Dale Basten, Michael Hirn, Keith Kutska, and Michael Johnson had all been given the chance to share their deepest thoughts, hopes, and dreams with Brian Banks; a man who fully understands the importance of focusing on what truly matters and how challenging it can be to never give up.

Brian now has his own book which was published in 2019:

A movie about his story hit theaters on August 9, 2019. Here’s the official trailer.

* All but one of the men mentioned in this posting have been paroled as of 2019. Keith Kutska still remains behind bars but his quest for freedom is ongoing. Sadly, Dale Basten, who was released in June of 2018, died nine months later.