A Call to Justice…

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We all want to believe that our country has the best judicial system in the world. It gives us a sense of security…a sense that the system is infallible. However, having a best system and an accurate system are two different things. My friend, retired crime scene expert, Johnny Johnson, and I believed in the system for the most part until we became involved in the Monfils case. We found that things weren’t so cut and dried. Aspects like unlawful deals, career snitches as witnesses, fear and intimidation tactics during interrogations, lies by the police to suspects, deceit, and dangerous communications between the police force and DA’s offices have caused a tipping of the scales and an atmosphere of inequality for those most vulnerable in our society.

What I say here is not new nor does it include everyone in the legal arena. For instance, Johnny, having a career in law enforcement could have chosen to deny the obvious in this case. Instead, he courageously acknowledged its degradation and embraced the idea of becoming part of the solution. The Minneapolis law firm we are working with has also seen this case for what it is. In fact, they’ve plenty of experience from working on other cases of wrongful convictions, on a Pro Bono basis.

But how could the majority of us have known to what extent the problem existed until the exoneration doors started opening up allowing throngs of innocent people through after decades of being locked up for crimes they did not commit? When I originally posted this blog in May of 2014 the National Registry of Exonerations reported a total of 1,367 people had been exonerated in this country since 1989. In 2017 that number reached 2,000. Note that these numbers represent only those who’ve been exonerated and doesn’t include the hundreds, even thousands of potentially innocent people in prison whose cases will never be reviewed.

Some say these numbers are not large enough to warrant concern or institute changes in our laws. Is it better to incarcerate someone even if they are not guilty rather than risk allowing the guilty person to go free? In the past I’ve suggested that when you incarcerate the wrong person, the real perpetrator is able to re-offend and is no longer under the radar of the authorities. Whatever your opinion, it’s no longer acceptable or safe to deny that this is a real cause for concern.

Regarding the Monfils case, having witnessed what was mistakenly perceived as a justified end because two important equations were omitted; the idea that people are innocent until proven guilty and, the importance of full and impartial disclosure of all the evidence, is unsettling. Johnny and I believe the scales of justice are skewed which is evident in the few cases we’ve reviewed. Time and again, the same unethical and yes, illegal practices are apparent within the entire legal process, practices that have become acceptable but have no place in the process of determining guilt or innocence. Since when is it okay to have our rights carelessly tossed aside because of inadequate monetary funds or putting political advancement ahead of the duties the authorities are sworn to uphold?

It is too easy to convict without adequate evidence, and too costly and arduous to overturn a questionable conviction? A thought we’ve considered is to form an objective panel of professional experts from all walks of expertise to review convictions before absolute incarceration occurs. We should be above reproach if we persist with the idea that we have the best system in the world. In an age of transparency this should be commonplace and readily accepted.

The objective is threefold; to determine whether justice was served, to determine whether there was adequate reasonable doubt presented and if the sentence is appropriate to the offence. All of these would help to guard against mistaken wrongful convictions, keep innocent families intact, save taxpayers money, and in some cases, save lives!

Catching the most prevalent elements of corruption would be the main goal of this process. It would be deemed an honor to participate on this panel and a highly sought after opportunity. Sadly, in this society, we lack adequate people willing to give back, so a prerequisite for achieving licensure would be to donate 200+ Pro Bono hours per year to serve on this panel with the stipulation of having to disclose total yearly hours. Placement on the panel would depend on past experience and level of expertise. A revolving door of panelists would be enacted on a regular basis to give all appropriate professionals an opportunity to participate.

We are serious about the consideration of this idea. We understand that many details would have to be worked out prior to placement of any such panel. But we believe that as laws regarding wrongful convictions improve, a dialogue must commence about properly enacting them. The most important part of this equation is to initiate major change in the massively flawed process that exists currently.

Overflowing Containment…

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Please check out this brief three minute news video* and meet me back here…

A dear friend recently sent this clip to me. It’s heartbreaking to watch at first as it depicts the dire challenges many exonerees face after being released from prison. It’s a story about an innocent man’s release from prison after serving twenty-five years for a crime he did not commit. Jonathan Fleming survived the rigors of prison life. He was rewarded with exoneration. But then this rare victory was overshadowed by worries of how to survive on the outside in a much different world. If you’ve ever heard the term “three hot’s and a cot” in reference to the basic needs met while in prison, unfortunately those necessities topped the list of essentials that Fleming lacked. Instilled in him was overwhelming anxiety about what his future would look like.

Then the story takes a turn and describes the selfless determination of another man, Jeffrey Deskovic who walked in similar shoes but manages just fine because of money he won in a lawsuit. Due to firsthand experience, he formed a foundation called, The Jeffrey Deskovic Foundation for Justice, to help those like himself and Fleming in desperate need of a new start. This foundation was borne out of a need to feel a sense of pride through accomplishment. And it would become a blessing to Fleming.

I also wanted to point out another aspect of this story that’s not so obvious. Something else caught my attention as I watched this clip a second time. I noticed a subtle but definite reaction in the body language of the law enforcement officer in the background who was watching this victory unfold for Fleming. There was an unmistakable acknowledgment of the pain and overflowing joy exhibited by Fleming a few feet in front of him. I was struck by the raw realism displayed by this officer as he did his best to contain his own emotions.

These were two people on opposite sides of the legal spectrum silently and unknowingly connecting. It’s a powerful image that is rarely seen.

In my life’s journey I’ve seen outward displays of kindness but seldom in this context. This is indeed encouraging even though I know we have a long way to go before a widespread understanding and acceptance between law enforcement and the wrongfully convicted occurs. Nonetheless, it appears we are there, at least in a small sort of way…

*Unfortunately, the video I described above is no longer available. However, the reporter who covered the story the day of Fleming’s release has posted this clip on her website. The officer I described appears only briefly about halfway through, but not long enough to get a sense of the emotion he’s feeling.  🙁

A Promise Delivered…

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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.