Category Archives: Monfils Case

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…

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.

 

The Relevance of Making Each Day Count…

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Being involved in my current mission constantly reminds me of the need to make each day count. Time is precious and lives can be altered in an instant, making every good day a gift. In my life’s mission, I think of this as respecting those who’ve lost years/decades behind bars for crimes they didn’t commit. In our society the lives of these people hold no more value than those who are guilty. It’s shameful and inexcusable that innocents in prison have little hope for vindication.

With this said, I think of how meaningful it was for our five incarcerated guys in Wisconsin to learn that another fundraiser was being planned in their honor. Our second annual Hotrod and Motorcycle Breakout benefit for the Innocence Project of Minnesota (IPMN) was held on Saturday, August 2, 2014. These men look forward to it even though they cannot be there. They are touched just knowing that others support them.

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Logan directing the classic cars into the parking lot 

This year, the number of classic cars tripled from thirty-four last year to approximately one hundred this year. We estimated about five hundred people came; more than double last year’s total. We raised $2000.00 despite reducing the entry fee for classic vehicle owners in half, from $10 to $5. It was exciting to see the colorful parade lining up almost immediately after we showed up which was an hour before we officially opened. We had again succeeded in creating a unique experience full of laughter, tears, and important awareness.

We didn’t know how much interest would be generated this year because we know the topic of wrongful convictions is a sensitive one that gets little attention in today’s hectic world. But at these events I often come across people who’ve experienced an incident similar to a wrongful conviction. I’m always amazed at how many people are willing to share their personal stories. They offer touching sentiments about what we are trying to accomplish. We see many of them putting money into our donation barrels.

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Kathy Sauvageau working diligently to set up the refreshments booth 

I’m highlighting the sponsors who helped to make this event possible. Gene Kohler, owner of Route 65 Classics in Ham Lake, Minnesota and General Manager, Sue Stang, who has enthusiastically hosted this event both years. Their support afforded us access to a great venue. We also gained a new food vendor this year. Brad Slawson Sr. and Jr., owners of Route 65 Pub and Grub in East Bethel, MN supplied delicious food and refreshing spirits. They also initiated sponsorship from Budweiser who supplied us with two 4’ x 8’ banners for advertising purposes.Thanks also to Kathy Sauvageau who manages things at the bar/restaurant for her assistance in organizing their participation and helping to serve food that day.

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Chuck Brost, owner of Tunes to Go in Spring Lake Park, Minnesota was his energetic witty self while providing musical entertainment and trivia throughout the day. Christi Williams, owner of Grinkie Photography in Minneapolis, MN documented the day by taking wonderful photos and promoting them on social media. She added a splash of the “Grinkie” style by inviting men and women dressed in apparel from a bygone era well suited to the sea of amazing classic vehicles. The fine folks at Dahlke Trailer Sales in Fridley, MN donated and set up a large platform for the second year in a row for our use as a stage.

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Steve Kaplan with Amy Tomczyk 

Speakers for the day included: Amy Tomczyk, interim Executive Director for the IPMN. She shared statistics regarding wrongful convictions and the important work being done by the organization. Steve Kaplan, lead Attorney on our Wisconsin Monfils case shared aspects about this arduous case and his gratitude for the day’s event. Trudy Baltazar who advocated on behalf of Koua Fong Lee in his exoneration case from Minnesota gave a speech that left the crowd stunned as she covered aspects of that case. Our Wisconsin exoneree Michael ‘Pie’ Piaskowski again traveled over from Green Bay, and brought both Denis Gullickson and John Gaie; co-authors of the book, The Monfils Conspiracy. Both Mike Pie and Denis shared their unique perspectives on this case.

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Trudy Baltazar addressing the crowd 

Also from the Green Bay area: A heartfelt thanks and tribute goes to Clayton and Brenda Kutska, their son Mathew and Brenda’s Mom Claire; esteemed guests and family members of one of our five innocent men. They had come to help us with last minute details and to witness the support. A dear lady and friend, Shirley DeLorme, who hosts the monthly FAF (Friends and Family) meetings in Green Bay, was a wonderfully cheerful addition to our event.

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Our DJ Chuck Brost, Rosemary Bonnett and Logan handing out prizes 

Lastly, I’d like to also acknowledge appreciation of these extraordinary people; Rosemary and Pat Bonnett and Eric Von Son, who supplied trophies, flyers, programs, and prizes.

Final thoughts about those who spend time complaining about what is wrong with the world rather than taking action and doing something about it:

Take a day, look around, and focus energy on remedying the plight of others less fortunate. Don’t wait until you are faced with a personal crisis of your own. See how lucky you are. Then realize how your words and actions can effect those around you. Use this understanding to decide whether or not you can make your life better and maybe make a difference in someone else’s. This will certainly open your eyes to the importance of making each day count.