Tag Archives: evidentiary hearing

Heated Words…Heavy Hearts…

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Met Keith for the first time during a visit on 4-12-2016

A recent posting of an article regarding an upcoming parole hearing for Keith Kutska—the last of the six men convicted in the Tom Monfils case—appeared on the Green Bay Crime Reports Facebook page.

The article’s headline: Parole hearing set for man convicted in 1992 Tom Monfils murder

I like to monitor these comments to get a sense of the current atmosphere regarding this case, so I was pleased when a friend, Tricia, alerted me to the Facebook posting.

Front page article on October 29, 1995:

The following comments are taken verbatim. All are entrenched in the past. Note that some contain strong language:

“How in the world do you parole a murderer with a clean conscience? Life should mean life, it shouldn’t mean until I change my mind.”

“Best place for this evil monster is PRISON, or whatever happen to Tom, same for this evil monster.”

“Green Bay if you let this guy go your putting a murder on the streets. Let’s see how long it is before he kills again. Y’all are stupid asf for letting him have parole.”

“Only way he should be leaving prison is in a body bag. No parole for any reason.”

“SCUM BAG”

The comments become increasingly vicious:

“Let him rot!!! They killed that poor man over bs… fuck all them!!!!”

“So did Tom get a refund when he was killed I don’t think so that fucker should rot in prison.”

“This f*cker deserves to rot. And the whole lot of em. All guilty.”

As an author, I always expect this response:

“Books don’t matter. That is someone trying to make some money. All that MATTERS is the jury’s outcome in court. It is how the law works. Don’t like it, use the legal system to change the law. A “book” means nothing except to the writers.”

Brown County Courtroom during evidentiary hearing in 2015

In this final comment, a plea to look at real evidence is applicable to both sides of the issue and all any of us who support the men have ever asked for:

“Guilty. Let him rot. the others shouldn’t have gotten out either but this guy was the big bully. And anyone who wants to defend them needs to look at real evidence, not anecdotal, or… but you can’t be sure, or… but they were decent guys. The alternative is that Monfils committed the worst suicide ever and I cannot buy that scenario given the evidence. The bragging, the fear, the good ol boys club nonsense, no…just no.”

Tricia shared her thoughts with me over the obvious misinformation and hateful rhetoric still rampant in this case.

“It’s so frustrating. I want to explain to people but they’re all so set on what they believe.”

The initial reaction from Keith’s niece, Jenn, whose heart breaks every time she dares to read comments like these, is to protect and defend the family she knows and loves. She also respectfully points out that we must keep an open mind and understand that we all have a right to our own opinion. However, the difficulty of having a respectful discussion arises when opinion is just that, and not grounded in truth.

Thus begets the frustration in regard to the Monfils case. Given the tone of the above comments, I must admit that my first inclination as soon as I read them was to fire back. To defend. To set people straight with the facts and to push back!

I did not engage in the conversation. I did, however, engage in a second posting the following day. A new article was posted on the same site regarding the postponement of Keith’s hearing due to a COVID outbreak within the prison.

That article headline: Kutska’s parole hearing delayed in Monfils case

The engagement went well. New friendships were forged. New perspectives were shared.

4-21-2018 presentation at the Neville Museum in Green Bay, Wisconsin during the UntitledTown Book Festival

Life teaches us that we must respect others’ opinions regardless of whether or not they align with ours. We must choose our words wisely and avoid speaking out of anger. Once words are spoken, they are with us…forever. They can never be withdrawn. Not really. Sure, we can back track, clarify, or apologize until we are blue in the face. But those initial words will never leave the hearts of those for which they were intended.

In the end, words, truth, all feelings have meaning. Divisive actions and intentions have consequences. Time and again we learn that heated, unfounded words only leave in their wake, lasting wounds and heavy hearts…

And my response to Tricia on how we can choose to view the vicious nature of comments? “They can talk all they want on those sites. We win in the end!!!”

Raising the Bar: Continued Commitment toward Justice!

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When I discuss this case with others which, to be honest, happens quite often, I get asked if there was ever a moment (during this 13-year journey) when I wondered if the six men convicted of a heinous murder could be guilty. My response is always the same. “Absolutely not!”

On the contrary, I have never seen or heard anything that has convinced me that they are guilty or that a crime was even committed. There is always the concern that I could be jaded, that maybe I’ve held this belief for so long that nothing could possibly sway my opinion now. But I also know that I’m not the only one who explicitly believes that all of these men are innocent. Former law enforcement officials, seasoned lawyers, and other professionals who know better than I who have pursued justice in this case also hold this belief. My concern then becomes; maybe I haven’t done my part in conveying the damning evidence of innocence in this case. Well, this is certainly not due to a lack of trying.

I’d like to take this opportunity to introduce my latest endeavor—a second edition of Reclaiming Lives. This book is the (almost) complete story from the day I became involved through to events and exciting new developments of the most recent years. I call it my Pandemic Project which helped me to stay sane during the past year.

Those of you who have read my first book know how this story began for me:

“In a phone conversation with my sister, Clare, during the summer of 2009 prior to meeting John, she had described someone she’d met recently. “He’s an author and researcher named John Gaie,” she said. “We met at a place called The Lorelei. And get this—he told me I look like his mother.”

Our laughter faded as Clare described her relationship with John. Both of them, longtime residents of Green Bay, had been dating a few weeks when Clare suggested bringing John to Minnesota to meet Mike and me. She was anxious for us to learn about a project that he was working on. “John is researching a true-crime story I’m familiar with,” she said. “He’s collaborating with two other people on a book about six men who were convicted of murder in 1995, right here in Green Bay. John says it will be published soon.”

This 2017 version ends on the final day of the 2015 evidentiary hearing for Keith Kutska. And what happened after that was anyone’s guess.

My newest book-a revised version-begins in the same way as the first book, but then continues on at the exact moment where that story ends, to create a more complete story. I feel this new version is superior to the first with better writing/editing, added details, and finally, a deeper insight into who the six men are.

Below are a few new passages to summon your curiosity:

“A cloud of doom lingered as we slowly filed out of the courtroom on that last day. In contrast, hastening past us toward the exit, tightly clutching his briefcase as though he was late for his next appointment, was the current DA, David Lasee. It reminded me of the similar manner in which his father, Larry Lasee, who incidentally had been the assistant DA during the Monfils case, had exited the courtroom following Mario Victoria Vasquez’s exoneration hearing. As I watched, I supposed his unwillingness to undermine his father’s position on the original outcome of this case took precedence over allowing the truth to guide his conscience.”

“Although our legal team had followed the rule of law and had presented considerable facts supportive of the suicide theory, this post-conviction phase had ultimately failed. It was indicative of why our courts have also failed the many innocent people who dare to file petitions in an effort to gain their own deserved freedom. However, in many respects, we were not exactly hurled back to square one. While we had done our absolute best, and as justice continued to elude us in the months and years that followed, we remained steadfast in our refusal to succumb to absolute defeat. We would never give up hope completely. And we were certainly not about to allow this chapter to dictate the ending of an ardent journey. We would regroup and carry on with the same tenacity and shrewdness as before. A newly completed project of mine was about to take center stage and exacerbate an already contentious situation. At least I hoped it would.”

My publisher is also new. This slightly different design was created by Kirk House Publishers in Burnsville, Minnesota. The overall experience of working with them was top notch.

As always, I appreciate your continued interest and support in this mission. And I still agree with The Monfils Conspiracy author, Denis Gullickson’s, tenacious analysis, “Let’s see where this takes us.”

Please note that the original edition of Reclaiming Lives is no longer available for purchase on many retail sites.

For those who have already purchased a copy of this new edition, thank you! It would be greatly appreciated if you’d kindly consider posting a review on Amazon which promotes additional readership.

Second edition is now available. Ways to order:

Purchase one or more signed copies directly from this author on this website by clicking on the book image in the upper right corner. Thanks!

Inspiring Young Minds Destined to Instill Change…

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“Sure. I’d love to visit your class!”

Máel Embser-Herbert; a good friend and sociology professor at Hamline University, contacted me about a Wrongful Conviction course they’d be teaching during the upcoming school year. Máel asked if I’d be available to share my story with the students in the fall, and offered to use my book as a learning tool for them.

A Hamline University campus building as viewed from Snelling Avenue in St. Paul, Minnesota.

“I’d like you to focus on the social aspects of this case such as why you became involved, who the men and their families are, things like that,” Máel explained.

I’ve spoken to high school students in the past and feel my book is likewise appropriate for use on the college/university level. Simply put, it’s written from my non-legal perspective and absent of the hardcore legalese, making it a suitable introduction to this less than desirable aspect of our criminal justice system. A must for those entering into the legal field.

“We’ll have ninety minutes,” Máel said, and suggested October 27th as a possible date for my visit. “Perfect!” I said. “That’s the day before October 28th; the historical date in 1995 when the six men were convicted!” (Due to the arrival of the COVID-19 Pandemic, this class was done virtually.)

Keith Kutska at the 2015 evidentiary hearing in Green Bay, Wisconsin

In preparation for the class, I wrote to Keith and asked if he’d be willing to divulge the personal traumas his family had endured back then. “I believe your words will have the greatest impact on the students,” I reasoned. Keith thoughtfully and eagerly assembled these thoughts:

Greetings Ladies and Gentlemen. Thank you for your interest in this miscarriage of justice. In a sincere effort to inspire and instill in you, insight into how our criminal justice system sometime works, I’ve written down just a fraction of my firsthand experiences and personal observations. I also want to acknowledge the significant impact you will have on the future of that system as attorneys, prosecutors, judges, etc.        

As this situation unfolded I was living in a small peaceful rural community in which my family still resides. All at once I was on the evening news being portrayed as the primary suspect in a high-profile homicide. I was overtly as well as covertly under surveillance for the next two years.

During this entire time I boldly stood behind my innocence while facing the questioning eyes of the people in our community. Those who knew me always offered their support along with their fear that the authorities were trying to frame me because I had hurt their pride (for obtaining and sharing the audio recording handed to me by an officer from the Green Bay Police Department).

I had lost my job and struggled to find employment. The monthly bills still had to be paid. On top of that I and my wife would also have to deal with mounting legal expenses. Needless to say, our financial assets quickly dwindled.

Family, friends, and neighbors watched with empathy as my wife and I struggled to retain and display confidence that the supportive facts of my innocence would prevail. Little did I know that the authorities would fabricate alternative facts and purposefully disregard the truth in order to obtain a conviction, thereby, repairing the tarnished image of the police department.

Until it’s been experienced firsthand, the psychological and stigmatizing trauma that I and my family have had to endure as a result of this travesty of injustice is beyond comprehension.

In addition, Keith offered these words of procured wisdom:

As future defenders of the law, it is imperative that you maintain a moral focus on the demanding principles required in the service to justice. Those principles, while sadly not always practiced, are well established within our criminal justice system:

  1. That accused citizens are actually presumed innocent and entitled to a defense that enforces the protection of the constitutional rights from prosecutorial overreach.
  2. That the state, while prosecuting its case with vigor, and not zealotry, be held to a high standard of proof to uncover and disclose every existing element of a crime beyond a reasonable doubt.
  3. Most importantly, that all hearings and trials be held in front of tribunals which are fair, objective, and impartial.

It is only under these governing principles that there can be any confidence of an outcome in which justice has been properly administered. Indeed, any failings in these principles will only ensure that innocent citizens will be victimized from a miscarriage of justice, guilty parties will maintain unwarranted liberties, the initial victims of crimes will be denied closure, and Lady Justice will be cheated out of her due rewards.

Below is a sampling of the outstanding, well-thought out questions Máel received from the students, some of which were addressed during my brief overview of more recent developments in the case. Unfortunately time ran out before we could get through all of them:

In the book, you touch on your personal struggles you have gone through in your life, as painful and hard to experience as they were, do you feel your experiences are part of why you felt so compelled to help these men?

What made you later publish a book about it?

What is your biggest struggle in advocating for people?

How did you begin your career as a social justice advocate? Was it this case that made you certain that this is what you should be doing in life?

From the book, I understood that this specific case impacted you unlike a lot of other cases. I wonder if there’s any other case that has moved or impacted you in the same way this has.

After this book was published and gained such recognition and awards, does that inspire you to write more books or get into wrongful convictions even more?

How did the public’s response to your book impact you? Did it help you open your eyes to new concepts or did it give you a new sense of empowerment since your words impacted so many other people?

Has anyone written to you saying you’ve encouraged them or gave them the motivation to also fight against wrongful convictions?

How do you feel the publication of your book has affected the way this case is looked at both publicly and in Green Bay? Has this collaboration of information and personal experience done anything to create change in both the case and the greater subject of wrongful convictions as a whole?

What is being done currently to help fully exonerate the six men? What is the state of their legal proceedings?   

How can university students become involved in wrongful conviction cases or even become involved in the Monfils case? 

I thoroughly enjoy listening to the innovative thinking of students, so after contributing more than ample time to the discussion, I wanted to give the students, 34 of them who were in attendance, a chance to voice their thoughts on what had motivated them to take this specific class, and to ask if they were aware of wrongful convictions prior to signing up for the class.

J.J. spoke up and said they didn’t know about wrongful convictions and that they wanted to learn more. J.J. is Black, so I pointed out the irony of not having been personally affected because of the overwhelming disparity of Blacks who are wrongfully convicted. They acknowledged this as a factor they are now aware of.

When I asked other students to explain what compelled them to take this class, E.M. shared that they’d like to become a police officer and felt it was necessary to learn about this problem to become a better enforcer of the law. I applauded the decision, saying they’re destined to become a great officer who will be armed with a valuable understanding of how our criminal justice system sometimes works. I compared this to how open-minded my former partner, Johnny, had been when I first told him about the Monfils case. “The expression on his face did not suggest he thought of me as some crazy person, rather it felt more like a look of genuine concern,” I contended.

Keith is an avid letter writer, so at the end of his message to the students he invited them to write to him and supplied them with his prison address. I encouraged them and Máel to consider reaching out to him. I also mentioned Keith’s upcoming parole hearing which will be scheduled in the early part of 2021. In response to the question of how they could help in the Monfils case directly, I proposed that a letter on Keith’s behalf to the Parole Commission would be most beneficial.

“Let me explain, I said. One thing I learned about the value of these letters is this. When people send in letters of support, it may not be acknowledged as positive support for the prisoner. But during one parole hearing in particular for one of our men, the commissioner assigned to his hearing made it a point to mention that not one letter of support had been received. It’s a way for them to intimidate, to manipulate, and to demean.”

The session ended. And while Máel directed the students to applaud their guest, I, in turn, applauded them for their interest, their motivation, and their willingness to be exposed to a topic that is extremely depressing, but one that they themselves could very well have a hand in changing…or at the very least, decreasing the likelihood of its recurrence!

As students left the session one by one, a brief and thoughtful message from H.A. appeared in the chat box. It read, “Thank you, Joan!”

Afterward, I realized I hadn’t asked the students for feedback regarding Keith’s letter. I reached out to one student who had friended me on FB after reading my book. I asked if they’d like to offer some. I was deeply touched by these inspiring words, filled with compassion:

“When I first got the news that Keith had written something for the class, I was shocked that one of the six wrongfully convicted men wanted to talk with the class about his story. I was also excited to read the letter, so I can learn a little bit more about the case as well as learn more about who Keith is. After reading the powerful letter that Keith wrote, I felt more educated about the struggles he faced before and during his incarceration. Keith also has inspired me to push even harder to fix the many issues that are currently occurring in the criminal justice system. My dream job has always been to be a part of the Innocence Project and Keith’s letter and story is also showing me that my dream job can become a reality because there is a need for people to fight for others when others cannot fight for themselves. I am also happy that Keith included his mailing address so I can write to him and keep up on the case as it still develops. I am extremely honored to have been part of the wrongful convictions class at Hamline University as well as had the honor to have talked to a person who has experienced the many injustices of the criminal justice system first hand. Sincerely, L.C.”