“Collateral Damage”

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We typically focus our attention on the immediate or more visible victims in any tragedy, such as the person who died or the main suspects of a crime. But we often forget about those in the background whose lives are torn apart as a result. In the context of wrongful convictions I’ve referred to these obscure victims as “collateral damage”; those who represent the other facet of any tragedy that often are forgotten. I wanted to share a testimonial (edited for length) that was written by one such person. Her name is…well…let me step aside so she can tell you herself…

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Brenda and Clayton Kutska 

My name is Brenda Kutska. I am Keith Kutska’s daughter-in-law. My husband, Clayton, is the sole child of Keith and Ardie Kutska. This was and is our lives.

Our worries started when the body of Tom Monfils was found in the pulp vat at James River Paper Mill in 1992. We all went on with our lives as best we could while the police followed Keith and Ardie around everywhere as well as watched their house. Keith and Ardie were already under a lot of stress and financial strain, but getting by.

Keith helped us to buy our first house in 1993 and we got married in 1994, with the birth of our first two babies being in March of 1995. Our family’s worst fears were realized in April, 1995 when Keith and five other men were arrested for Tom Monfils murder.  In the back of our minds we knew this was a possibility but prayed it would not come to this. We thought the police would find the guilty party and this would just be a bad memory. I am happy that Keith was at least able to attend our wedding and see the births of his granddaughters.  With Keith’s arrest Ardie faced additional financial strain. Keith had gotten a job after being fired from the mill but now there was no second income to help pay bills. We, along with friends and neighbors helped Ardie with everyday chores and house repairs while dealing with all of our own plus two newborns and the emotional strain of everything going on. Ardie received nasty phone calls and letters and some people tried to befriend her to find out information on the case.

Clayton and I were twenty-two years old and this should have been the happiest time of our lives even though we were dealing with health concerns with one of our babies. The additional strain of the trial looming was going on at the same time my father was having bypass surgery. My Mom tried to help out with babysitting if we needed time to ourselves or just sleep. Clayton was an emotional wreck some days and very depressed but over time he has managed to figure out how to live with what has happened to his Dad. This experience has led him to be more cynical instead of the happy young man I married. In 1996 we sold our house to buy Keith and Ardie’s house and we now live there with Ardie. It was for financial reasons as well as peace of mind for Keith.

We are dealing with the aftermath but Clayton misses Keith’s mentoring. Ardie lost a husband and friend and the time growing old together. There is no longer a retirement plan because all of that money was used to pay the trial lawyer. Keith did not get to see his only grandson until he was three years old because Keith was sent to a Tennessee prison for some years before being brought back to Wisconsin.

Keith missed his calling in life. He should have been a teacher because he loves to talk about many subjects especially the constellations in the night sky and history. He tells our kids about the stars when we go to see him but he would love to be home setting up the telescope to actually show them.  We’ve taken the three kids to see their Grandpa since they were little, eventually having to explain why he is in prison. As they’ve grown they have grasped the understanding that he is there for a crime he did not commit and that he has to stay there until he is found innocent.

We have always tried to not let this experience rule our lives and our children’s lives but it has still shaped us in many ways, especially in the trust levels we have in people. To share an example, it was very hard for my husband to hear me tell the kids at their young ages that if they are ever in trouble or lost to talk to a police officer. The fact of the matter for us was the idea of being able to trust them and that they are there to serve and protect could not have been further from the truth. We are just average people trying to raise three children and live our lives to the fullest in the hope that one day this injustice will be righted.

First Do No Harm…

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I draw much of my knowledge and strength from within but I cannot say where I’d be without the teachings and experiences of others who also guide me through this crazy life.

I’ll tell you about the people who’ve taught me some very important lessons about labeling, pointing fingers, and maintaining integrity. Through all of these individuals, I’ve learned a true capacity for empathy, to err on giving the benefit of the doubt, and allowing those who’ve done wrong a shot at redemption. I’ve also learned the most valuable lesson of all; forgiveness.

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John Johnson and Steve Kaplan 

Attorney, Steve Kaplan, and retired crime scene expert, John Johnson, have been lightning rods in my mission to help the wrongfully convicted. They’ve shown more generosity than I’ve ever known a person to possess. These men are compassionate beyond words and despite the many lifelong accomplishments under their belts, they remain humble. They rank high on my list of unsung heroes. Because of them our world is a much better place.

Johnny is a lifelong enforcer of the law. For over thirty years, he’s been dedicated to going after the bad guys. When something’s amiss, you’d better get out of his way so he doesn’t knock you over in an attempt to fix it. When he and I first met, he was retired but still assisting others while always on the lookout for the next opportunity. He’s a believer of the truth and of honoring ones work-related oath. In fact, I was warned early on that he hates liars. He can make you laugh until the tears flow or he can knock your socks off with his stories of bravery.

When Johnny and I had our first conversation about the Wisconsin Monfils case in 2011, he told me that during his career he had seen both good and bad cops and that it had always been his goal to maintain honest integrity. When he picked up on my urgent need for help that day, he stepped up without hesitation. He often shares the irony of having spent his entire career making sure people got locked up to now spending his time trying to get them out! It had never occurred to him that there are innocent people in prison because of his faith in our judicial system. But let’s face it, we must acknowledge that the system is run by humans and that humans make mistakes.

Just over a year ago Steve Kaplan was planning to retire from a long career at Fredrikson&Byron, PA; a very large and respected Minneapolis law firm. He’d spent the better part of his career helping others but he now had plans to scale way back and focus on spending time with his family. He’d just finished working on a very tiring and challenging, but successful death row exoneration case that had lasted over a decade. He was ready to hand pressing legal matters over to more energetic hands. He thought he might dabble in a little legal work after retirement, but the overall idea was to have less stress and more time to relax.

That idea would soon be abandoned after an unscheduled meeting with both Johnny and me in January of 2013. Neither of us realized at the time of this meeting that our two-year search to find an attorney willing to dig in, would end that day with Steve. Upon reviewing what Johnny and I had given him, he agreed the convictions in this case were erroneous at best and needed to be vacated. He promised to look more in-depth at the information Johnny had supplied him with.

Steve did end up retiring. But after close to six weeks, he returned to the firm to work on this case full time. He also recruited a team of legal professionals to help him. Steve agreed the firm would represent one of the five men still in prison and, in the meantime, find additional attorneys for the other four.

Attorneys in Wisconsin soon got on board. Expert witnesses were eventually hired. The overall focus of this team was to put their clients needs first because of their understanding that these men have suffered greatly by enduring a life absent of their families, friends, jobs, and activities they love. The work necessary to bring this case into a courtroom continues. But the five men now have hope because of the many people in both states who believe in them, and fight for their freedom.

None of us have regretted our commitment to pursuing justice for these men. We’ve had our share of disappointments as we navigate the legal challenges but we’ve never lost sight of the effects this tragedy has had on six men and their families. We all feel privileged to be part of this mission.

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Exonerees Koua Fong Lee, Audrey Edmunds, Fred Saecker, Damon Thibodeaux and Mike Piaskowski

This experience has especially taught me the importance of avoiding negative feelings toward the system or toward those who cause its failings. The unexpected benefit to doing this has manifested positive feelings and understanding in all aspects of my life. Largely responsible for those lessons are the very people who live them; the wrongfully convicted. Many of those who are good friends, have figured out how to let go of their anger toward a system that wronged them. They focus on a renewal of relationships with their families and friends. They’ve begun to truly live and love again and they serve as an example to us all.

As in all successful ventures, this one perseveres because of the special people who care enough to get involved and do the hard work necessary to make it happen…in a first do no harm sort of way.

My Somehow Hopeful Birthday Wish…

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What kind of a birthday card does one buy for a person in prison? Now consider the fact that this person has been wrongfully convicted and that he has served nineteen years of a life sentence. The answer didn’t come easily as I went to purchase my very first one.

When I turned over the calendar to March a few days ago, there it was in big bold words, Keith Kutska’s birthday; Keith being one of my five guys serving a life sentence in the Wisconsin Monfils case. I’ll note that for the past two years Keith has sent me beautiful birthday cards he’s paid for out of his prison account. Money is a precious commodity and every penny counts. But he chose to use it to buy a card for me….twice. What’s more, I do not recall ever telling him when my birthday is so he took the initiative to find out. And for both years the cards came on the exact day of my birthday.

Most cards say Happy Birthday but that didn’t seem appropriate. Of course, you do expect the recipient will be having a cheerful and special day anytime soon, but I didn’t want to make a fuss or totally ruin his day by being overly obsessed by the dilemma either. But the choices were slim so I did choose a card that says “Happy Birthday”. However, I’m crossing out “Happy” to instead say Hopeful Birthday which I think is more appropriate with the message on the inside: “Wishing you everything that will make this day a special one for you”.

To my friend, Keith, whom I wrote this blog piece for, I hope that this card puts a big smile on your face and that all of your hopes and dreams come true this year. I also hope that by the time your next birthday rolls around, you’ll be able to celebrate it at home in the loving arms of your wife and life’s companion.

With love and friendship,

Joan