Tag Archives: Dale Basten

Final Steps Toward Freedom…

This is a collect call from… “Michael.” To accept charges…press one.

(Beep) Connection established.

“Hello Joan and Mike,” the familiar voice said…

Michael Hirn, an innocent man imprisoned for over twenty-three years, was calling from McNaughton Correctional Center; a minimum security prison in Tomahawk, WI. The previous evening, he had tried calling us three times. Regrettably, my husband, Mike and I had missed those calls. Between bouts of sleep that night, I pondered the most likely reason for them. Maybe Michael was actually going to be paroled after all…

Michael had alluded to this possibility in a few of his recent letters but I was skeptical. Aside from Michael Piaskowski’s exoneration in 2001, only one other of these men has ever been paroled. All other bids for parole by Piaskowski’s co-defendants have repeatedly been denied…until extreme circumstances forced the hand of the Wisconsin Parole Commission in September of 2017. At that time Dale Basten, the oldest of the men (aged 77), was given what is called compassionate release; “…a process by which inmates in criminal justice systems may be eligible for immediate early release on grounds of particularly extraordinary or compelling circumstances.” (Wikipedia) I believe Dale’s deteriorating physical and mental capacity coupled with mounting medical bills were the only motivating factors for his release. Tragically, Dale passed away the following year in June of 2018.

Mike and me with Dale Basten during a prison visit on 12-27-2015

WBAY story about Dale’s release.

WBAY story about Dale’s passing.

The next morning I emailed Tom, also a close friend of Michael’s. They spoke on the phone often so he’d know what was up. Sure enough, Tom confirmed my suspicions. “Mike was calling to let you know that he’s been granted parole,” Tom wrote. “He wanted to tell you himself.” Tom also explained that Michael would most likely be released….and soon.

As Mike and I eagerly waited for the automated system to connect us, I almost wished we didn’t know yet what Michael had tried to call us about. I felt we had robbed him of being the first to deliver this surprise. Still, trying to imagine how he must be feeling gave me goosebumps. But another voice deep within warned me to be cautious about the likelihood of his actual release. I was under the assumption that being granted parole required admitting guilt for the given crime and showing remorse. And I knew from talking to each of the men that they will never sacrifice their integrity by admitting to something they did not do. The question remained in my mind. Was the parole board really going to overlook this non-admission of guilt?

During our brief conversation Michael reiterated what Tom had said. He reassured us that he was going to be released the week before Christmas. He thought it would happen on Wednesday, December 19th. After our conversation, it started to sink in that this was becoming a reality. “This is our next miracle,” I said to my husband.

Michael and his family wanted his discharge to be private. They only wanted to be left alone, to relish in this triumph without the intrusion from the media or from those with less savory opinions. But that idea was squashed when news stories and articles started to surface about Michael’s impending release. I only found out that this information had reached the media through a text I received from a local reporter from WBAY looking for a comment. At first there was mere speculation about a specific time frame but more accurate details slowly surfaced and circulated to various news outlets in Green Bay. It was looking like this would happen on Tuesday, December 18, 2018 at 8:00 a.m. Mike and I discussed travel plans. We were not about to miss one of the most extraordinary steps of this journey that we were on!

Mike and I, my sister, Clare and her boyfriend, Gary checked into a motel near the prison on Monday night. The following morning I was scheduled to do an early interview with Steve Hopper, photojournalist from WBAY Ch. 2 (Green Bay), Shortly after seven a.m. Mike and I spotted Steve’s vehicle just outside the prison gates as dawn’s earliest light began to appear. Our friend Deb was there also. Clare and Gary showed up a little later. We all piled into warm vehicles after the interview was over. We waited…

My interview with photojournalist Steve Hopper

A short time later a man pulled up in a gray pickup and parked along the opposite side of the road from us. He glanced in our direction with a pained look. I could see he was on the verge of tears. As he climbed out of his vehicle and headed in our direction, I was fairly certain that it was Michael’s Aunt Marlene and Uncle Terry’s son, Randy. He and I had communicated through emails prior to that day and Randy assured me that he’d be there that morning. As I walked toward him he asked, “Are you Joan?” “Yes,” I said. He hugged me tight and expressed his deep gratitude. We both did our best to contain the tears.

Meeting Randy

The mood lightened a bit as the others gathered around to meet Randy and to share in this awe-inspiring moment. “My parents are up by the prison entrance waiting for Michael to come out,” Randy said. He then drove up the driveway in that direction hoping to also be there to support them. We all followed in our cars and parked in the visitor lot. I opened my door and heard Randy’s voice. “They are in their eighties,” Randy pleaded with the corrections officer. “I want to be there with them.” Unfortunately all of us, including Randy, were asked to go back and park on the road outside the gates.

The gates as you enter McNaughton Correctional Center

Finally…at approximately 7:45, we caught sight of a bright red pickup truck coming toward us down the driveway from inside the prison gates. The truck stopped just short of passing through them. Michael Hirn, looking taller and slimmer than we remembered, exited the passenger side of the vehicle and walked with dignity as he took his final steps on foot toward freedom. He was leaving the McNaughton Correctional Center and prison life for good.

Michael Hirn walking toward freedom. (Photo courtesy of WBAY)

I describe those steps as his final ones because Michael had taken many of them over the years to achieve this goal. I felt it necessary to point that out when asked to submit a comment for this Green Bay Press Gazette article. Published days before Michael’s release, I felt these words adequately summarize the true character of this man: “People must understand that this (parole) was not simply handed to him,” said Treppa, who met all six men as part of the research for a book of her own, Reclaiming Lives: Pursuing Justice For Six Innocent Men. “He earned it through hard work, diligence, patience and a positive attitude. I believe that, in moving forward, being angry over something he cannot change will never define who this man is.”

My first hug from Michael after he was freed, with Clare and Randy looking on

With only the utmost respect for someone who is destined to become an effective spokesperson for the other men, I offer this recurring mantra found in many of Michael Hirn’s letters to me: “I’m serious about my intentions to be an advocate for prison reform once I’m exonerated,” he would write. I believe that his understanding of the dynamics of this case, his ability to curb his anger over these unlawful convictions, and his sheer determination to forge ahead, will open up new avenues to exoneration for them all.

Mark Saxenmeyer; producer of the up and coming docuseries titled Guilty Until Proven Innocent (highlighting stories of wrongful conviction including the Monfils case), his videographer, Joe Pollock, and Steve Hopper (WBAY) were set up and ready to record this important and historic event that infers increased hope of eventual freedom for the remaining incarcerated men. Hoping for an opportunity to actually speak with Michael, they stood patiently and respectfully on the sidelines, filming, snapping photos, and capturing poignant moments amid hugs, tears, smiles and relief as we all gathered to congratulate this now free man on this remarkable day.

The awesome procession we witnessed as Michael was escorted off of the prison grounds was indescribable…and appropriate. In fact, during our visit with Michael on April 18, 2015, Mike and I had the pleasure of meeting the two people who were given that opportunity. We will never forget this encounter which captures the essence and the scope of this ongoing tragedy:

Forty minutes into our visit, a guard came to ask if it was okay for two other visitors to join us. Michael’s Aunt Marlene and Uncle Terry arrived at the front desk. I had met a few of Michael’s closest family members—his son, Tyler, and stepfather, Mike Dalebroux. And each year we receive a Christmas card and newsletter from Michael with a picture of him and Tyler. Mike Dalebroux comes to our Walks and speaks highly of his stepson. Marlene and Terry have shown their support over the years by driving a long distance to visit Michael. When they came into the lounge, Michael introduced us and mentioned my involvement. Marlene thanked and hugged me as tears filled her eyes. Looking at Michael, she remarked, “I don’t know how you maintain such a positive attitude under these circumstances.” Michael said it was the support from us and many others that kept him strong.

Michael smiled in the photos we’d had taken. Marlene and Terry opted out of engaging in any. “We are waiting until after Michael is released,” Marlene said. – Excerpt from Reclaiming Lives

Fox Lake Correctional where Mike and I first met Marlene and Terry during our visit with Michael Hirn in 2015

What makes Michael’s release particularly extraordinary aside from its realization…is its delay. Years after the verdicts were rendered and prior to his retirement in 2004, Judge James Bayorgeon (original 1995 trial judge) wrote an open letter to the Parole Commission on behalf of each of the six men, with this directive: “I believe (insertion of each name) should be granted parole at the earliest possible date.” But given the fact that Michael Hirn’s first bid for parole in 2010 was denied, and that all successive bids for parole since have been denied, it appears that this directive has been blatantly ignored by the Commission for far too long. With Michael’s unexpected release, I am very encouraged that the tide is now changing in this regard.

And rightly so. The list of facts suggesting the absolute innocence of all of these men is quite long. These few details related to Michael’s wrongful conviction are just the tip of the iceberg in a case plagued with missteps and illegal actions perpetrated by the authorities. During the original investigation into the Monfils case, Michael Hirn readily took four polygraph tests. In fact, he and all six of these men took multiple tests and passed them all. In my book I describe an instance where the lead detective tried (in vain) to disrupt at least some of those tests while they were being administered. Michael also pushed for FBI involvement during the investigation. Although the FBI was involved initially, their inquiry was brief. Why? The reasons for this are still unclear. Even now, many common sense questions remain unanswered about this case. One I hear often suggests the unlikelihood that these men would remain silent all of these years when sharing crucial information about Tom Monfils’ death could increase their chances for parole. And why would a guilty person push for FBI involvement?

And while the quest to free the remaining three men continues, we focus on the positive, and cherish the gifts given to us at a moment’s notice. We stand tall alongside our fellow crusaders in times of utter grief and unbelievable joy. Because this is the right thing…the only thing to do!

So while Michael was being interviewed the day of his release, I reminisced with Marlene and Terry about the memory of the prison visit. “Now you can finally have your photo taken with Mike,” I said excitedly to Marlene. The smile that appeared on her face was worth a thousand unspoken words. And similar to the visit at the prison which now felt like a thousand lifetimes ago, Marlene thanked me as she clung to me and to the newfound joy in her heart…as tears once again filled her eyes.

(L to R) My husband Mike, Randy, Marlene, Michael Hirn, me and Terry. Taken at the Beacon’s of Minocqua, the resort where Michael was employed as part of a work-release program. Michael wanted to show us the 24′ tree (behind us) that he helped to decorate. He also wanted to say “goodbye” to Mary, the resort director, and to everyone he befriended during his employment at the resort

Shorter version of story about Michael Hirn on WBAY.

Longer version of story about Michael Hirn on WBAY.

For additional information about this case i.e., news clips, court briefs, etc. check out The Monfils Case Revisited on the sidebar.

Read about Michael and the other five men by ordering my book on Amazon or on this website (top right) to receive a signed copy. Thank you!

Let This Person Go!

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“We’re almost there.” I said as I caught sight of the water tower in Stanley, Wisconsin. My husband, Mike, and I were driving West on our way home to Minneapolis from Green Bay. It was Sunday morning of December 27; a few days after Christmas. We were on Highway 29; the stretch of road between Green Bay and Interstate 94, referred to by us freedom fighters as Freedom Highway. We were about to make an important stop. The tower indicated how close we were to our destination; the Stanley prison.

Sign at rear entrance of Stanley Correctional Institution

The prison buildings and Stanley water tower

The white walls of the prison are visible from the highway but during this time of year almost disappear into the wintry landscape. The light blue water tower dwarfs the compound as it stands tall to the east. Dale Basten, the oldest of the six men convicted in the Green Bay Monfils case exists at Stanley. And I do mean…exists.

I always enjoyed correspondence from Dale partly because of how infrequent it was. Although his messages were brief, they were full of genuine warmth and sincerity. I remember Dale was the first to respond when I started writing to all five of the men back in December of 2010. The first card he ever sent was in response to my first Christmas letter to him. It had this simple message:

“Thank you Ma’am for the mail.

It’s the right time of year to get it.”— Dale Basten

Dale is now 74 years old; an aged man who has seen far too many years behind bars for a crime he did not commit. And it is worrisome that I’ve not received a single piece of mail from him in over a year.

Mike and I had more than one discussion about this visit. We both had concerns about the shape Dale might be in because of recent health issues. I was uncertain about how it might go for all of us, especially Dale. I was afraid of what we might encounter. We still looked forward to possibly meeting him as we had Keith Kutska, Michael Hirn, and Reynold Moore earlier in the year. We knew it was going to be emotional but decided to go ahead with the visit. Adding to the anxiety was the status of the case that was slow to change; Dale’s recent parole denial and now the rejection from the judge in granting Keith Kutska a new trial.*

We made it through the usual entry process save for me having to remove my bra while going through the metal detector. Note to myself: Never forgot to wear a sport bra! We finally entered the visitor’s lounge. It was busy as was expected because of the holiday weekend. We were assigned table #18 near the vending machines. It was hard to miss the big signs on the machines that warned against inmate use. We recalled Mike Hirn had been able to handle money and use the ones at Oakhill Correctional. Maybe because that’s a minimum security facility. The inconsistency of rules between prisons confused us. So we simply followed them as best we could.

We sat and waited for Dale, although it was unclear which door he’d be walking through. We chatted as we scanned the room waiting. Before we knew it, an elderly inmate shuffled past our table. He was escorted by a prison guard. They passed us by before we realized it was Dale. We watched as they approached the guard desk where Dale needed to sign in. I stood within view of them and waited. Dale looked confused as he turned to face the lounge. But the guard patiently waited for him to locate his visitors. When they looked in our direction I waved them over to our table. Dale headed toward us only at the urging of the guard that accompanied him.

Dale was thin and frail. His gait was unsteady. I thought he might trip so I braced myself. The guard left us to assist Dale into his designated seat; the one labeled inmate’s seat which faces the guard desk. Dale looked at us and smiled. We introduced ourselves. It was obvious he had no recollection of who we were even though I’d been sending him regular updates and letters for the past five years.

I ignored the obvious and started the conversation. “How are you doing Dale?” I said. He shrugged his shoulders and said, “I’m fine.” He then added that he’d never been in this room before. Mike and I exchanged glances. We were thinking how improbable this was because Dale had been at this prison at least since 2009. We felt fairly certain that his family had visited during that time. We kept our questions simple and asked about everyday life at the prison. Dale’s answers were short. His recollection of current activities was vague. But clarity resurfaced somewhat when we asked him about things of the distant past, like the incident at the mill in 1992.

Dale told us he was a Foreman at the mill. He said he liked his job. He said it was a good one that provided a good life for his family. He told us he did not work in the area of the mill where the incident occurred but that he and Mike Johnson had been called there to help with one of the paper machines. He stated it was during the morning when Tom Monfils went missing. Dale obsessed over his interpretation of how Monfils’ body reacted while in the vat. Numerous times and with his arms, he recreated a swirling, plunging motion as he narrated.

Dale became repetitive as we talked. He couldn’t retain the information we shared about the hearing, the ruling, or more recent related activities. He didn’t recall his parole hearing even though it had taken place only a month prior to this visit. There was no mistaking his love for his daughters despite being able to share few details of their current lives. It was heart breaking. Mike and I had seen these same characteristics in my elderly Mother; the short term memory loss, the vagueness of current events, inability to retain new information, no matter how significant.

We’d brought a Ziploc bag of quarters (no more than $20.00 allowed). In an attempt to lighten the mood, we asked Dale if he wanted something from the vending machine. He said he didn’t like anything sugary. The options were limited so he opted for a can of soda. None of the food choices appealed to him. As we sipped our drinks, I asked if Dale would be up for having his picture taken with us. Dale was okay with the idea so I went to request the necessary form. Mike filled it out and placed it in front of Dale to sign which he needed help with. I returned the form and we were soon called to have two pictures taken.

Joan and Mike Treppa with Dale Basten at Stanley Correctional in 2015

Mike and Joan Treppa with Dale Basten

We stayed with Dale until visiting hours were over. I was reluctant to leave. I wanted to take care of him as I had done for my own Mother. “This man should be sent home to his family.” I thought. I felt sad for them; his daughters; his former wife, his brother. I thought of their heartbreak. I recalled the letters written by his two daughters that were on the last pages of The Monfils Conspiracy book, only wanting what we all cherish; to be with their Dad in his final years and to live a normal life.

As we got up to leave, Mike discarded the cans on our table. This task was typically up to the prisoner but Dale was uncertain of what to do. The guard came and took his arm and led him to a line forming that would take the prisoners back to their cells. I looked back and waved as we walked through the door to the outside. Dale smiled and waved back.

As I wrote this piece something occurred to me; an underlying issue of a much larger discussion regarding the aging population in the U.S. I was curious about how it affected the prison population. According to sites such as Human Rights Watch, due to the get tough on crime initiative from years ago which caused longer prison sentences for lesser crimes, there are a large number of aging prisoners. This has become a major concern because of the cost and physical care required which has resulted from their elongated incarceration. Although there are plenty of facilities being built to adequately take care of the overall aging population, the problem rests with accepting felons into these facilities.

It’s unclear to me and most likely unclear to immediate families how this transition will happen. What I do know is that time is running out for Dale. It’s running out for a family that still needs him. It’s hard to reconcile this situation and I cannot fathom how this family copes. Seeing Dale that day made me angry at the authorities who will never accept blame for wrongly incarcerating him, at the system that continues to imprison him, and at the parole board for denying him parole knowing full well that this man, even if he had committed this crime, is in no way a danger to society.

Dale Basten with Joan Treppa

I implore whoever has authority over this decision to please send him home!

Updates: On September 5, 2017, Dale was “paroled” due to his failing health and the enormity of costs related to his medical care which amounted to $93,000/yr.

A Convoluted Process…

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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 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.

A Matter of Facts…

Author and Social Justice Advocate for the Wrongfully Convicted

Tag Archives: Dale Basten

Let This Person Go!

A Convoluted Process…