Category Archives: Wrongful Convictions

Wait a Cotton Pickin’ Minute! Pt 1

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On the evening of Thursday, November 6th, 2014, my husband Mike and I attended a Benefit for Innocence Gala in Downtown Minneapolis-the largest fundraiser of the year for the Innocence Project of Minnesota (IPMN). We were excited to be going for the third year in a row. We rounded up the usual friends and off we went. We look forward to the meaningful connections we make with compassionate people, truly supportive of those who’ve been wrongfully convicted. If ever you believe that life has dealt you a bad hand, you must go to one of these events. They take place across the country. We always leave filled with renewed hope and encouragement that we as a society can promote change within our communities. There’s no way to describe the empowerment that comes with being involved with this organization.

This year’s Gala surpassed our expectations in so many ways. We dined with two memorable young men-Oliver and Zachary. These intelligent best friends recently put together an award winning documentary about a historic Minnesota wrongful conviction murder case from 1859. It involved a woman named Anne Bilansky who was charged with murdering her husband. She was put to death despite a lack of credible evidence. The ten-minute documentary is an overview of the case. It addresses the ethics of the death penalty and the major effect it had on litigation regarding this barbaric practice. As my husband and I watched the film days later, we were amazed at the amount of research these young men did and how well they evaluated the case! They are talented and most likely headed for a great career in film. They stated they are already planning their next one. Here’s the link to this amazing documentary.

I also met the emcee for this Gala, Ted Haller. My good friend, Johnny, made the introductions. “Ted is an attorney/journalist who does feature stories for KMSP Fox 9 news here in Minneapolis,” Johnny said. We both were encouraged by Ted’s enthusiasm and concern in regard to the wrongful conviction issue because we were aware of how many in the media shy away from the controversial topic. We had a great conversation and I was thrilled when Ted talked about the prospect of telling Johnny’s and my story. Ted was, at that time, reading the recent 152-page motion filed by the Minneapolis law firm of Fredrikson & Byron, PA in regard to the wrongful convictions of our men in Wisconsin! He was intrigued.

This year I was invited to participate in the VIP reception by Liz Loeb-the new Executive Director of the IPMN. This meant I was among a few given the opportunity to meet the keynote speaker for the evening in a more intimate setting. This was a first for me and quite an honor. Ted generously offered to make the introductions. When Ted uttered my name I was delighted to hear her response, “Joan, I’ve heard all about you!”

She and I found lots of common ground. She’s an exceptional and inspiring person who exudes sincerity and love. So down to earth, her story is fascinating and brings insight to a major pitfall of wrongful convictions; eyewitness identification.

This courageous woman had been a victim of a horrible rape in 1984. She was 100% sure of the identity of her assailant. But there’d be a new twist to her life years later when she learned that DNA had ruled this assailant out…

To be continued…

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.

Conceptual Simplicity of Berry Picking…

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As I picked raspberries in my backyard patch one day, it occurred to me how easy it is to overlook the ripe ones no matter how thorough you think you’ve been. As you eye the bush you’ve just emptied from another angle, you clearly see there are ones you’ve missed. A simple enough concept that clarifies the importance of getting multiple perspectives on all things, right?

Take as an example, for instance, when people ask me, “How can you be so sure those five Wisconsin men are innocent?” I was challenged on Amazon by a resident of Green Bay, Wisconsin who ranted about how he knows these “union thugs” murdered Tom Monfils. In his mind I was totally ignorant of the facts and my opinion appeared slanted. In another instance, much of what was written about me in a Green Bay news story was ignored by the reader which prompted a comment from them saying my advocacy is based solely on reading a book. Really?

When people fail to understand the whole picture and refuse to either look further into the truth or accept the obvious, there’s bound to be adversarial discussion and obstruction. That’s why it’s vital to do your homework, especially on a topic as provocative as wrongful convictions. I admit I experienced my own suspicions about the case in question, early on. I wondered how six men could have been convicted on such flimsy evidence. So I sought out answers and I kept an open mind.

Now, because of my absolute certainty about the true merits of this case, I welcome all inquiries. I’d love to get more because it would mean that people are engaging in the conversation even though they may not be interested in learning the truth. There will always be those in opposition. But as I hold little regard for those who refuse to increase their knowledge, it still means that I’m getting through to people on both sides of the argument because at the very least they are paying attention. I’m determined to continue on with this important debate because it’s about a topic that gets little consideration despite the many lives it destroys.

I believe it’s typical to get involved in something that directly affects us which in itself is a noble thing. But I’m ecstatic when I hear from those who have no direct ties and are passionate nevertheless. This was true in my case which is why I am determined to be an example of what it means to enter into something absent the personal emotions. I believe this allows a clear vision toward solutions. And with both sides working together to form different perspectives, therein lays the progress.

There’s nothing like having the emotional ties to fuel action but also having an unbiased viewpoint, which can carry a lot of weight. In some of the news reports surrounding this Wisconsin Monfils case, the authorities stipulated that of course the friends and families of these men will support their innocence. But they had no opinions regarding my involvement. In fact, I was not acknowledged by the media for a long time until I brought with me the really big guns in the form of legal assistance by a sizable law firm from out of state! There were those who argued the guilt of these men simply because of repeatedly being denied parole. But they too, were ominously quiet about the new developments about legal help.

In response to my knowledge of the innocence of these men due to my willingness to look through a wider lens, the search for the absolute truth was not hard. And in a very short while the factual details of what really happened at the former James River Paper Mill will be revealed in time. As I’ve done in the past and as the next challenges surface, I’ll continue to keep an eye out for those elusive berries… because really, it’s that simple.