Survivors and Heroes = True Champions…

“This looks like the place,” I said to my husband, Mike as we hurried to the entrance of the Giddens Alumni Learning Center on the Hamline University campus in St. Paul, Minnesota. I was feeling anxious because we were running late for a screening of the wrongful conviction documentary True Conviction.

According to the trailer we viewed online, the film tells the story of how three Texas exonerees; Christopher Scott, Steven Phillips, and Johnnie Lindsey1 combined forces to form a new detective agency based in Dallas, TX called House of Renewed Hope. Founded by Scott in 2010, the main focus of this non-profit organization is to help other wrongfully convicted prisoners.

Exonerees Johnnie Lindsey, Christopher Scott and Steven Phillips. (Photo used with permission from Independent Lens PBS)                      

Since becoming advocates for the wrongfully convicted, Mike and I have acquainted ourselves with both the courageous survivors of an imperfect criminal justice system and the everyday heroes working tirelessly to correct its many flaws. That evening, Thursday, April 19, 2018, we were about to meet Christopher Scott, one of those true champions who inadvertently dangled on both sides of that fence. After having been targeted, convicted, and exonerated for a crime he did not commit he began a crusade to help others achieve the same ending. He simply couldn’t forget the ones he knew about that had been left behind in prison.

Christopher and I connected on social media before this event was publicized and I was thrilled to learn he was the guest of honor. Being among the last to arrive at the theater-like room—now bustling with people—I hoped we didn’t miss our chance to speak with him before the film started. Sometimes it’s difficult to find the opportunity as an evening progresses and I worried about delivering a special gift to him that I had brought along.

I scanned the room as we descended the stairs. I spotted Christopher sitting by himself and not currently engaged in conversation. “Looks like we’ve arrived in time to introduce ourselves,” I told Mike.

On our way over to where Christopher sat, we said a quick “hello” to M Sheridan Embser-Herbert, director of the Hamline University Center for Justice and Law who was hosting the event. Standing near Christopher were the Innocence Project of Minnesota’s executive director, Nick Vilbas and the Project’s legal director, Julie Jonas.

Nick Vilbas, M Sheridan Embser-Herbert, Christopher Scott and  Julie Jonas (Photo courtesy of the Innocence Project of Minnesota)           

Christopher appeared relaxed as we approached. When I extended my hand to shake his, he sat tall and smiled while returning the gesture.

“Hey Christopher, I’m Joan,” I said. You and I are friends on twitter.”

Christopher’s face lit up and in a distinct Southern drawl he said, “I enjoy our twitter conversations.”

The three of us chatted for a few minutes. I then retrieved a copy of my book Reclaiming Lives from my handbag. “Here it is,” I said to Christopher. “And check out the sticker on the cover. I won a national book award.”

Christopher was grateful for the gift and said, “I’m definitely planning on reading this during my flight home.”

The film was about to start so Mike and I quickly found a pair of empty seats in the row behind and kitty-corner to where Christopher was seated.

The documentary—which aired on the Independent LensPBS program on April 30th—takes the audience on a deeply personal journey of the friendship, commitment, and heartache this trio had experienced. In addition to highlighting the work of their organization, the film reveals the circumstances of each of their wrongful convictions. Christopher’s roots and the repercussions of his absence which presented new and ongoing challenges for his family, are also emphasized in this highly emotionally charged film.

Christopher’s story: Christopher’s troubles began in 1997 when he wound up in the wrong place at the wrong time while driving to a friend’s house in a Dallas neighborhood. A robbery and fatal shooting had taken place that night, somewhere in the vicinity. There was a lot of commotion on the street with squad cars hugging the side of the road and flashing lights engaged. Police officers in the area were on high alert, looking for suspects. As Christopher cautiously drove by, he wondered what had happened. And he realized as he turned the corner that a squad car with its flashers on had pulled up behind him and started to follow him. Christopher reached his destination. While inside his friend’s house, more squad cars showed up and officers surrounded the house. Christopher and his friend were asked to exit the house and lay down on the ground out front. Numerous suspects were brought to the same location and asked to do the same. Christopher was eventually singled out as a person of interest even though his clothing didn’t match the description of the clothing the perpetrators wore. Nevertheless, he was taken to the police station for questioning, handcuffed with his hands behind his back, and placed in a room by himself. A woman appeared with an officer that Christopher recognized as the one who had brought him in. The officer asked the woman if Christopher was the man who had killed her husband. She confirmed that he was.

Christopher was charged with murder and after an eight day trial, received a life sentence. It had been that easy to take an innocent life and turn it into a hellish nightmare.

During the film, I glanced over at Christopher on occasion to observe his reactions to the tragedies that unfolded before us. Each time, I saw tears in his eyes. I guessed that the drive…strength of character…and courage of this man along with an ability to show compassion and empathy toward others—all of which were aptly portrayed in the film—were rooted in the pain he was now feeling as he relived those moments.

(Photo courtesy of the Hamline University Center for Justice and Law)              

After the film, Christopher spoke to the audience and kindly mentioned my name when expressing his appreciation for the support he received that evening. During an interactive discussion that followed, many in the audience expressed their dismay about what they had witnessed, the many lives torn apart, and how widespread the corruption within the criminal justice system is. One woman shared a personal story about her son’s recent wrongful conviction. This spurred a conversation about term limits, elections, and how judges and prosecutors are too easily re-elected especially when they run unopposed. Also mentioned was the despicable lack of accountability of these officials when findings of unethical and unlawful practices—blatant disregard for the law—are exposed.

Exoneree Christopher Scott with Joan and Mike Treppa                                       

Mike and I did get the chance to speak with Christopher at length afterward. I remarked, “You didn’t have a dry eye the entire time, did you?”

“No, I didn’t,” he admitted. “This stays with you,” said Christopher of his experience. “And I don’t expect it will ever go away.”

Also joining the conversation was Mark Saxenmeyer, CEO of The Reporter’s Inc.; a Minneapolis based journalistic production company promoting social change and justice through multimedia storytelling.

“Mark is producing a wrongful conviction documentary called Guilty Until Proven Innocent,” I told Christopher.

Mark went on to explain that this film is still in production. “Ours will run as a series and focus on a number of wrongful conviction cases from across the country,” Mark said. “And the Wisconsin Monfils case will be featured in this series.” .                

Ironically, 2009 was a pivotal year for Christopher…and for me. He had been declared “actually innocent” and was released from prison when the person who committed the murder came forward to confess. He spent thirteen years in prison for a crime he did not commit.

2009 was the year I learned there are innocent people in prison and that they can be convicted based on little, inadequate, flawed or NO evidence whatsoever. I learned that in a significant amount of cases, evidence is even fabricated to fit a specific theory! That year I began my crusade on behalf of the six innocent men convicted in the 1992 death of mill worker Tom Monfils; a murder many of us believe never happened.

(L to R) Decedent Tom Monfils, convicted men; Dale Basten, Michael Johnson, Michael Hirn, Reynold Moore, Keith Kutska, and exoneree Michael Piaskowski  

I was able to share an incredible irony with Christopher about Jamie Meltzer; MFA program director in documentary film at Stanford University and director of True Conviction. Years ago, through an online networking webpage called About.me, a similar interest in wrongful convictions forged a brief connection between Jamie and me. The timeline suggests he was in the early stages of putting this film together while I was in the throes of publicizing my mission on behalf of the Wisconsin men. Because of Jamie’s affiliation with Stanford University, I had given him the name of Lawrence Marshall—also affiliated with Stanford—as a reference for his project because of my knowledge of the appellate work Marshall had done for one of the six wrongfully convicted men I support.

Final thoughts: I see time and again that until a wrongful conviction touches us personally, we too easily and too often cast the issue aside as irrelevant or insignificant. We must acknowledge that these circumstances destroy families, tear communities apart, and affect our everyday lives more than we could ever imagine. We must celebrate people like Jamie, entities like PBS, and organizations like House of Renewed Hope, The Reporter’s Inc., The Innocence Network, and The Center for Justice and Law, all of whom so willingly and diligently create an awareness and help to change laws and procedures that undermine our freedoms.

Please join me in saying…THANK YOU!

1) As is on the HRH website: “Sadly in 2018, cancer took Johnnie’s life but his spirit lives on and he will forever be a member of the team.”

2) Dale Basten—the oldest of the Wisconsin men—was paroled in 2017 due to his failing health when his medical costs at $92K/yr. became too costly for the WI prison system to absorb. Sadly, in June of 2018, he passed away in a nursing home with his two daughters at his side.

Youth=Our Future

A Happy New Year to everyone!!

On Thursday, December 21, 2018 I was scheduled to do a presentation for students in two of Mr. Lance Pettis’ Criminal Justice classes at Blaine High School. As I approached the school entrance, I recalled the warm reception my trusted partner; retired crime scene expert John Johnson, and I had received from the previous year’s classes. We were delighted by their interest as we navigated through a foreboding overview of wrongful convictions.

Doing a similar presentation on my own this year, I hoped to again achieve the same level of interest. I arrived equipped with a new PowerPoint program I put together that provided an informative pictorial presentation for them.

BlaineHS-2

Johnny and me last year discussing the Wisconsin Monfils case 

Prior to visiting these classes, I asked Mr. Pettis to give the students an assignment; to read the entire second chapter in my book, Reclaiming Lives. The chapter titled Tragedy in Titletown is one of the longest, filling sixteen pages. It’s a detailed summation of events leading up to the 1992 death of mill worker Tom Monfils in a Green Bay paper mill and the convictions of six innocent men two and a half years later. Having the students read this chapter allows me to focus on other important aspects such as some of the leading causes of wrongful convictions, i.e., perjury or false accusations, false confessions, false or misleading forensic evidence, and government misconduct. I then indicate how some of them affected the outcome in the Monfils case and disclose the new evidence that has since come to light.

It’s a lot of information to take in so at about the halfway point of the presentation, we take a short breather and have some fun. This is also when we get to the last of the main leading causes of wrongful convictions; mistaken identification. I test the student’s ability to accurately identify the true perpetrator in the example below and then I watch their reactions as I disclose the alarming answer. This is my absolute favorite part of the presentation because what is revealed blows their minds, which is not an easy thing to do when dealing with students! And I know that if they remember nothing else, they will certainly remember this exercise.

The police sketch in the center represents the actual image that was televised across the country in 1995. One of the photos on either side of the sketch is the correct match. The point of this exercise is that out of the current 350+ DNA exonerations, misidentification of a suspect through the use of a composite sketch is incorrect 27% of the time, according to the Nat. Registry of Exonerations. However, the results from this one reveal a much higher fallibility rate.*

                                                                                         Police Sketch 

As is typical in all past sessions, the time flew by with the students posing carefully thought-out questions during the forty-five-minute presentation. It was and always is refreshing to also hear correct answers to many of mine.

In the time remaining before the bell rang these students asked about likely motives of the authorities to convict the wrong person, compensation for exonerees, and if people’s rights are reinstated when exonerated. One thoughtful student wondered how they (as students) can be helpful in spreading the word about wrongful convictions. Another asked if I’d pose for a photo. I appreciated their positive feedback about the chapter with some of them mentioning how much they enjoyed it and how well they thought it was written.

I recently sat in my dining room with reporter, Eric Hagen, who wrote an article about my efforts for the Blaine edition of my local Life circular. I expressed the need to educate students on this topic and to prepare them before they find themselves in a vulnerable situation. I explained to him that my outline also includes a discussion about the Miranda Warning because of the importance of students being proactive and knowing their rights as citizens, should they be targeted by law enforcement.

Brendan-dassey

Brendan Dassey from the docuseries Making A Murderer

Stat for juveniles

An alarming statistic from the Innocence Project states that “65% of the juveniles exonerated through DNA evidence falsely confessed to crimes they didn’t commit.” Circumstances such as Brendan Dassey’s also suggest an increased risk of youth being wrongfully convicted because of a low IQ or being unaware that they should not talk to the police without an adult (attorney or parent) present. Research also yields that an overwhelming number of young people between the ages of eighteen to twenty-three are targeted for crimes.

Innocent people fear if they lawyer up they will appear guilty. In fact, innocent people are better served with having a lawyer present than a guilty person because for them, there’s much more at stake. And because innocent people also feel they have nothing to hide and want to be helpful by cooperating, they become more vulnerable to trickery when accusations are aimed at them. They don’t understand that law enforcement can and will lie or become narrowly focused on them despite reasonable doubt. They don’t realize until it’s too late that an interview can quickly become overly aggressive in order to speed up an investigation or force a confession. In all fairness, with officers under extreme pressure to close a case, investigations are done quickly. Mistakes get made. Rush to judgement occurs. Lives are destroyed and then seep into non-existence. Respect from those around them turns to loathing. The innocent are shunned…silenced…hidden away. And hope for many bright futures fades.

Which is why educating our youth becomes urgent…because they are our future.

To learn more about the psychology behind why people confess to crimes they did not commit, check out this YouTube Trailer of the The Confession Tapes. (A Netflix Documentary).

*Answer to exercise:

The correct answer is the photo on the right. This is Timothy McVeigh; U.S. Army soldier, American terrorist, and the Oklahoma City Bomber. He detonated a truck bomb in front of the Alfred P. Murrah federal building in 1995 killing 168 people and wounding over 600. He was executed in 2001 for this crime.

The photo on the left is my son, Jared Manninen. He was also in the military at the time of the bombing but was stationed in CA. At least half and in some instances, approximately two thirds of students and others not familiar with this case, make the wrong choice by picking his photo with complete certainty!

Could my son have been the victim of a wrongful conviction had the circumstances been different? I shudder at the thought…

I’m Dreaming of a Fair System…

  “Every child must be made aware…

               Every child must be made to care…

                          Care enough for his fellow man…

                                   To give all the love that he can…”    

–Peace on Earth/Little Drummer Boy lyrics                                                                                                           (By Bing Crosby and David Bowie) 

I’ve always been fond of this verse. Pick any time in our history and it rings as true as the day. These days, as I strive to regain composure from the devastating blow handed down from the U. S. court system earlier this year to Keith Kutska, Michael Hirn, Reynold Moore, Michael Johnson, and Dale Basten; five men victimized by a corrupt system for close to twenty-two years for a crime they did not commit, I’m reminded of Keith’s spirited and powerfully truthful words in his forward for my book…

 “…an innocent person can choose to maintain his own integrity. It is one thing the system cannot take.” – Keith M. Kutska

October 29, 1995: Keith (in background) with his attorney on the front page of the Green Bay Press-Gazette

 We all have a choice in how to live meaningful lives no matter where circumstances take us. I say, let us never disregard the powerful messages coming from the unfortunate victims of our criminal justice system who’ve been silenced but have still found the fortitude to teach integrity through example.

Homemade Christmas card from an innocent incarcerated person 

As a show of support for a handful of these victims, I write letters to let them know they are not forgotten. During this holiday season, I’m sharing one such letter I wrote recently in an attempt to keep alive, the one thing that can elevate an individual’s spirit…HOPE. Because the absence of hope can completely shatter a person’s sense of identity and in some cases, a will to live.  Without hope, all that is left is despair. And isn’t there enough of that in this world already?

Dear —–,                                                                                  12-28-2017

This is a bit late but I’m writing to wish you Merry Christmas. I’m a social justice advocate who became aware of your case through social media. I’m saddened about your situation but grateful for the support you have to carry you through the darkness. I have a number of friends who’ve been victimized by corruption within our judicial system. Some have been exonerated while others have not. I’ve learned so much about life from all of them, especially about appreciation for what I have and how easily a wrongful conviction could affect my personal life.

For the past eight years my focus has been from an outsider’s point of view of a wrongful conviction case involving six Wisconsin men. They were sentenced in 1995 to life in prison for an alleged murder that took place in 1992. I didn’t know the men or their families or even about the case until my sister, Clare, a long-time resident of Green Bay, brought it to my attention in 2009. She had met someone co-writing a book that documents all of the facts in the case. She also knew one of the six men and never believed he was party to a murder.

I eventually read the book and decided to get involved because of how ludicrous the whole scenario sounded. It was clear to me that this was bullying by the law enforcement community. Like yours and so many other cases there was no credible evidence or eyewitnesses to positively confirm that a murder took place. The entire investigation was about building a case around a suspect rather than allowing the evidence to lead them to the truth. I wrote my own book about my observations of what I saw and the similarities of this case with many other wrongful conviction cases. As a non-legal person I also disclosed my personal mission and the process of finding new legal representation for these men and why that was my only option moving forward. I self-published this year and actually won a national book award soon after. Unfortunately, although I found amazing attorneys to reopen the case, the legal process has gone south due to politics and the established ties to the case in the higher WI courts. However, one of the six men was exonerated in 2001 which gives me hope that the others also have a shot. So my intent to find similar relief for them remains steadfast.

On this journey I’ve learned the importance of writing to the men. I understand how much it means to anyone behind bars, especially those incarcerated for crimes they did not commit, to have a link to the ‘outside’ world. So here’s my contribution to the writing campaign set forth by those representing you. It is also a tribute to the vast need for more folks to get involved in this issue or something equally important rather than merely complaining about the ills of the world. I am hopeful that this and the message of how destructive wrongful convictions are to our society also becomes an adequate example to follow for those who read my book. 

                                                                                                 Best of wishes to you, my friend.

                                                                                                                             Joan

 

All the best to all of you this holiday season and throughout the New Year!