Providing a Safe Haven…

Green Bay Press-Gazette Newspaper Headline:

December 19, 2010

Friends and families of 6 convicted in paper mill worker Tom Monfils’ death form ‘truth in conviction’ group 

‘Conspiracy’ book bolsters mission’

By Paul Srubas – psrubas@greenbaypressgazette.com

It started as a book proclaiming the innocence of the men convicted of the 1992 murder of Tom Monfils in a Green Bay paper mill. The book, “The Monfils Conspiracy: The Conviction of Six Innocent Men,” helped bring together the friends and families of the five men still in prison and the sixth man, Mike Piaskowski, who was freed in 2001 when a federal judge overturned his conviction. Now those friends and families and Piaskowski are hoping their unified voices will help spread the book’s message, free the remaining five and perhaps have an even wider impact on the criminal justice system.

“We’re calling ourselves Truth in Conviction Alliance-Brown County Chapter, said Joan Van Houten, stepdaughter of Michael Johnson, one of the convicted men.” We’re looking for accountability for police and courts. We’ll need groups in each county. Our prime goal is to bring these five home, but along with that, we can’t continue asking for help, saying ‘listen to us,’ if we’re not listening ourselves,” she said. “We want everyone to know this can happen to you, too.”

Michael Johnson, Piaskowski and four others — Keith Kutska, Michael Hirn, Dale Basten and Rey Moore — were convicted in a Brown County courtroom of conspiracy to murder Monfils. Monfils, 35, disappeared Nov. 21, 1992, while he was working at the then-James River Mill. His body was found a day later at the bottom of a paper-pulp vat with a weight tied to his neck. The defendants and members of their families have claimed from the onset of the investigation that the six men had nothing to do with Monfils’ death. Their claim received a boost last year when Denis Gullickson and Piaskowski’s former brother-in-law, John Gaie, published “The Monfils Conspiracy” book that spells out what the authors see as flaws in the case. The two men, with Piaskowski’s help, spent eight years researching the case, reading police and court documents and interviewing people.

Their book claims that overzealous and shoddy police work caused investigators to develop a faulty theory about an altercation at the mill in the hour before Monfils’ disappearance and then to connect the six men to that altercation. The state claimed all six men were inextricably linked, and if that’s true, the book says in effect, Piaskowski’s innocence exonerates the other five. The federal judge overturned Piaskowski’s conviction because of a lack of evidence. Brown County District Attorney John Zakowski, who prosecuted the original case, stands by the police work, the investigators’ theory and the convictions. Zakowski says the federal judge erred in overturning Piaskowski’s conviction, a claim that rankles Piaskowski and members of Van Houten’s fledgling group.

“He must be above the law, right?” said Brenda Kutska, who is married to Keith Kutska’s son. Gullickson, who along with Gaie and Piaskowski, is also a member of Van Houten’s alliance. The three men made a habit of meeting weekly to do research for their book and organize it and later, to strategize about marketing it and continuing to work to clear the remaining defendants’ names. Families of the other defendants also were working behind the scenes, trying to contact lawyers to continue appeals processes.

It wasn’t until the book was ready for publication in fall of 2009 that the authors and family members all got together. “We figured it was strategically important to get everyone together, and then we realized it was the first time the families have all been together since the trial,” Gullickson said. “Something poignant about that was, each of the families knew their loved one was innocent but didn’t know the others were” until they learned collectively of the authors’ findings.

Since then, they’ve been trying to meet regularly, to share information and tips, offer each other moral support and strategize. So far the strategy has involved trying to raise public awareness through writing letters and promoting the book. Gullickson said they’ve gotten the book into the hands of several elected leaders and judges, and it helped them enlist a Minneapolis private investigator to look more deeply into the case.

The investigator, John Johnson, said he’s helping the effort at no charge after having read the book three times. He said he has put together a task force of engineers, a forensics expert and three retired federal investigators to look at evidence in the case.

In October, the group organized a candlelight vigil to commemorate the 15th anniversary of the men’s arrests. This week, the group’s third formal meeting involved the development of the group’s name, the Truth in Conviction Alliance, and discussion of how to involve families and groups who are fighting for the exoneration of other convicted men. “It’s a learning process,” Van Houten said. “None of us really knows what we’re doing, it’s all trial and error, but if we can help provide information we’ve learned, we can help you with your legal issues.” There are hundreds of innocent people in prison. You have one group working here, another working there, and if you look at all these groups, instead of having all those micro-groups, you have one big group, now it’s a full-force campaign.”

©2015 Press-Gazette Media

This article appeared on the newspaper’s front page. It was the first time residents were exposed to the formation of a significant group that gathered in Allouez; a small subdivision of Green Bay, Wisconsin. Once a month friends and family of the men convicted in the Tom Monfils murder case meet at the home of Shirley DeLorme; a woman who realized that Mike Hirn had been in her speech class at DePere High School. She understood there is more to this Monfils case than meets the eye. One day, she talked of her son’s feelings toward Michael Piaskowski that had formed while working closely with him. “…had my husband not died of stomach cancer and had I therefore not invited my son Bob to live with me, I would never have heard Bob say, “Mom, that man, is not a murderer!” Shirley was further introduced to the discrepancies in the case by her good friend, John Gaie, who co-authored The Monfils Conspiracy; the book that questions the guilt of each of the six men. Shirley found ample reason to get involved. She did what she could by hosting monthly meetings in her home.

Friends and Family Group Photo courtesy of the Green Bay Press Gazette

Shirley DeLorme and exoneree Mike Piaskowski at Shirley’s home. (Photo courtesy of Green Bay Press-Gazette)

Six years later, this group still meets monthly (except for December) to discuss the latest developments, to keep in touch, and to partake in the enjoyment of Shirley’s fabulous homemade chili, sloppy Joes, or her special recipe of homemade fudge. Her kindness gives relief to the friends and families, knowing they have a gathering place that is shielded from the ignorance of those unwilling to accept the true facts in the matter.

The group changed its name to FAF (Friends and Families) and an alliance with other communities has yet to evolve. Having been to numerous meetings and witnessing an emotional bond that has cemented a comradery for the many involved in this injustice, I’d say that what was needed to happen has been accomplished…for the time being. These people were set apart by their own tragedy. Acknowledging each other brought back the horror of a past that promised no future resolution. So for them it was easier to deal with things on their own. Now in the midst of renewed hope and energy, a recent meeting included conversation full of optimism; a far cry from the earlier days when the road to freedom was non-existent.

Like me, Shirley has no connection to this tragedy other than an indirect one, but after learning about this injustice she selflessly stepped in to help. She’s lost friends over her involvement and has devoted precious time to its success. She proudly acts as host and secretary; taking notes at every meeting and typing them up for distribution to the rest of the group. She is to be commended for providing a safe haven for folks in a town not shy about airing its opinions.

Riding the Freedom Train…

What promises to be an historic evidentiary hearing starts in four days on Wednesday July 8th, 2015 at the Brown County Courthouse in Green Bay, Wisconsin. I’m reposting this blog as a reminder of the noble efforts involved in bringing it thus far. On this U.S. Independence Day may we see its meaning come to fruition in a slightly different context…

Also at the end of this posting are two recent news stories from the Green Bay area that aired in the past week in anticipation of this hearing.

Original Post:

All aboard! Hop on to the freedom train! We’re on a roll! Motions to request an evidentiary hearing for one of our men have been filed. Time for the wheels of justice to start spinning in regard to the two decades old Green Bay, Wisconsin wrongful conviction case.

Thinking back to what seems like eons ago, my mind conjures images of sitting in my family room with my investigative expert friend and colleague, Johnny Johnson. Often we’d chastise ourselves over some failed plan of attack or the fact that we had absolutely nothing in the works to help bring justice to these men. Now, after many downed cups of green tea, legal actions have refueled our enthusiasm. We used to say, “What the hell are we going to do now?” or “Who in Heaven’s name are we going to approach?” Now our thoughts have evolved into, “Wow, can you believe how far this has come?” or “What’s on the docket for today?” We will never forget how we arrived at this juncture. We came on board at a time when all hope was gone. We didn’t know how this adventure would play out. We only knew that together we were going to make something positive happen for these men and their families.

Our determination will never bring back the time lost to these victims or lessen the devastation that has followed. But what has transpired in a relatively short period of time is viewed as a miracle. When I commended our lead attorney, Steve Kaplan on a job well done in a recent email, his response was one of reflection. He stated, “Nothing happens without the efforts and commitment of everyone.” Johnny and I do our best to illustrate that wisdom on this path to truth and justice. 

The latest advocates to join us are Ted Haller, an in-depth news reporter/attorney, and his conscientious and thoughtful cameraman, Josh Grenier. Both have provided a public platform that will carry this story far and wide. They invested an enormous amount of time and energy into their amazing news story which aired on April 26, 2015 on KMSP-TV in the Twin Cities. 

We also just learned that an evidentiary hearing has been granted for Keith Kutska. His three-day hearing is scheduled to start on July 8, 2015 in Brown County (Green Bay, Wisconsin). Steve Kaplan will be there to act as Keith’s lead legal counsel and you can be sure a whole trainload of us will be there to support him. I cannot tell you how many times we’ve hoped for this day. The law firm will finally be able to share the evidence that supports the innocence of these men. For Keith Kutska, Rey Moore, Mike Hirn, Mike Johnson, Dale Basten and finally Mike Piaskowski (exonerated 2001), having the truth revealed about what really happened in this egregious case is long overdue. People can say or feel however they want about this controversial case but for the rest of us, nothing can ever compare to the satisfaction we’ve received in knowing we had a hand in the overall series of events. The wealth of emotions felt in our hearts as freedom moves forward is indescribable.

IMG00283-20100808-1658

‘Hope’ acrylic painting by artist/writer, Jared Manninen. Painted for and given to exoneree Mike Piaskowski in 2010 

Fox 11 Green Bay

Green Bay Press-Gazette

The men are hopeful but anxious. My letters to them reiterate the idea that we cannot have come this far only to fail now. My husband Mike and I will be attending the hearing. The plan is to take notes and summarize the entire proceedings via my blog.

Stay tuned…

A Convoluted Process…

My good friend and partner, Johnny Johnson, also a retired crime scene expert, openly states, “It is my belief that we have the best system in the world because of our ability to go back and fix what is broken.” His faith rests with a dominance of ethics over power and competitiveness to win. He believes that those in power who continue to abuse the system will have no choice but to comply to set standards or lose integrity altogether. Observing the system from my vantage point of citizen advocate for the wrongfully convicted, albeit with an accelerated education of the absolute worst and best case scenarios, I hope he’s right.

As citizens it is our right to be granted fair and unbiased representation and characterization. But in many cases the obligation on the side of the courts to provide this has become lax therefore, a grave concern. Corruption seems to be rampant and I’m no longer blinded to this reality within a system run by fallible human beings. I no longer assume the intentions of the authorities are to maintain integrity. But to be fair, I’ve also seen within the same system, a side of humanity that is made up of people who value lives and do their best to maintain dignity and decency for both their clients, and the law. How does one become corrupt? Why do they think unethical behavior is acceptable? How do they manage to get away with it? My final question as I throw my hands in the air is, why has it taken so long to acknowledge that this problem is real and that it needs fixing?

The good news according to the National Registry of Exonerations is that sixty-seven of the 125 exonerations from last year resulted from the cooperation of both former and current law enforcement officials. This is partly due to the advancements in science and recent laws instituting new legal practices such as police lineups. The emergence of conviction integrity units based in the offices of prosecutors across the country has also contributed to this occurrence. I am encouraged by the likelihood that exoneration numbers will continue to rise. The more time and energy we devote to studying and reversing wrongful convictions, the closer we will come to fixing our tarnished system.

For close to six years Johnny and I have witnessed the convoluted process of reversing a wrongful conviction close up, which has been an uphill battle every step of the way. The process is laboriously slow, taking much more effort to undo what was so easily concocted. Sadly, the opposition resists even when new and damning details emerge that disprove their theories. At our current juncture in the Monfils case as we observe the legal process from the sidelines and see how the legal wheels spin, we sympathize with how difficult it is to the victims who are more intimately involved. However, even though we’ve a ways to go yet, I’m optimistic for a suitable and just ending.

On March 24, 2015, a third and final response was filed in the Monfils case by the law firm. There’s a conference call scheduled for April 15th between the legal team and the assigned judge to discuss the additional findings and what the next move will be. Only time will tell whether a hearing will be granted to decide if a new trial is warranted.

Here is the link to the legal brief, which is fifty-nine pages long. I find the most disturbing aspect on pages 23-25. I draw the line at the blatant manipulation and the terrorizing of young children, five and seven years old, in a desperate attempt to convict innocent men!

A related news story appeared on the evening news on March 31st in Green Bay. It should have been about the filing but is overshadowed by a lesser story about Keith Kutska’s parole eligibility on April 1st, 2015. It leaves out a major element; the fact that Kutska is being represented for free by the highly respected Minneapolis law firm of Fredrikson&Byron; the firm that has been filing these motions. The story lacks details from the brief that were absent from the original trial and most certainly would have compelled the jury to find these men innocent. For instance, they didn’t relay how David Weiner, a key witness, was given a reduced sentence for his false testimony, or that Brian Kellner, a second key witness, was threatened with losing his children if he did not cooperate with the authorities. Nothing was disclosed to the viewers about why the theory of suicide is more plausible then the murder theory, or how the jury never heard about the possibility of suicide. The story addresses the coroner’s findings that the injuries on the body reveal a beating that had taken place. But it never weighs in on the fact that the body was immersed inside the vat near an impeller blade for upwards of thirty-six hours, that it was discolored, bloated and in an advanced state of decomposition. It never suggests the improbability of the coroner’s ability to determine the cause of death.

Michael Piaskowski exonerated in 2001

Michael Piaskowski exonerated and released on April 3, 2001  

Frustration emerges when these stories briefly state that Michael Piaskowski was exonerated of this crime by a federal judge but never offers an explanation of why. I say let’s delve into that circumstance. Let’s disclose those details. These men were all tried together. The jury was warned that all evidence does not pertain to all of the men. Is it realistic to think that over a month’s time they could keep all of the evidence straight? Obvious to me is the confusion experienced by each of the jurors and that this was the sole intent in convicting these men.