Tag Archives: exonerations

Weighing in on a Preponderance of Evidence…

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People commend my persistence to aid in the relief of five innocent Wisconsin men convicted of murder in 1995. Many others seem bewildered at my desire to do so. But for me, what began as a simple humanitarian effort has turned into a battle between good and evil. I’ve been known to say that if the details of this Monfils case weren’t so tragic, they’d almost be laughable. I’ve witnessed the lives of the innocent dangling on one side of an unbalanced judicial scale as if they are somehow less important, while those on the opposing side expect us to believe in theories that require a creative imagination. My spirit grows weary from the constant rhetoric surrounding the case. And my anger soars as I ponder the reality that this is not about guilt, innocence, or justice, but about career advancement and narcissist pride on behalf of the authorities. With those elements in place, there is no true justice. It’s more about closing a case and ignoring facts; a prevailing factor of all wrongful convictions.

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Dale Basten (74 yrs old)* 

A thorough examination of this case reveals both the facts and the outcome of six guilty verdicts, are erroneous at best. I’d sure like to believe had I been sitting on the sidelines as a juror in 1995 things might have been different. When jurors were told the series of events leading up to the death were incomplete and riddled with “holes” and “gaps” that could not be rectified, I’d like to believe that I’d have immediately jumped out of my seat and headed for the door yelling at the top of my lungs,”Be sure to call me when those holes and gaps are filled!” Wouldn’t that have been sensational? But would it have made an ounce of difference? Since when is it my place to question the powers that be? And how preposterous of me to challenge those who’d like to think they’re smarter than me or any of the actual jurors? But what is most unfortunate is that not enough of us demand answers for things we find preposterous.

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Reynold Moore (70 yrs old)* 

There’s much to absorb with the three-day evidentiary hearing now behind us. As we embark on an excruciating long waiting period, hoping the court’s ruling will be swift and favorable, I avoid contemplating the possibility that our efforts could fail despite the damning evidence that was presented. Each passing day represents a harsh reminder of what my friends; Keith Kutska, Reynold Moore, Michael Johnson, Dale Basten and Michael Hirn have endured every single day for twenty+ years. And there’s the nagging question regarding the exoneration of Michael Piaskowski in 2001; the only exoneration in this case so far. How is it that six men were tried together but only one of them has been freed?

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Michael Johnson (68 yrs old)* 

I cannot help but contemplate other thought-provoking questions. When will this nightmare end? What will be the prevailing factor? And when those prison doors do finally open, will adequate monetary compensation be available for the many years lost?

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Keith Kutska (64 yrs old)* 

In the meantime I ask that you take time to read this ninety-page document filed on September 2, 2015, with its vast amount of new evidence. It supports the belief that this was not murder but a likelihood that the victim, Tom Monfils, took his own life.

In the past six years amid all the twists and turns on an unrelenting road to freedom, I’ve given up trying to make sense of the madness. And I’ve yet to get through a single one of these documents without the usual indignation…

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Michael Hirn (51 yrs old)*  

*All images courtesy of artist/writer Jared Manninen

Ignoring Looming Threats…

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The gates opened at nine am. Rain clouds persisted as a procession with cars of all shapes, colors and models formed. Thunder rumbled in the distance. But despite the looming threat overhead, the 3rd annual Hotrod Breakout Car Show/Benefit for the Minnesota Innocence Project (IPMN) was about to begin. Adults and children alike were showing up in modest numbers to experience this unique event designed to create awareness about an issue that devastates families across the country. Rain clouds threatened to ruin our activities but the real threat comes from ignoring situations that ruin lives such as the lasting effects caused by wrongful convictions.

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Triplets with baby sister in tow 

A structured program commenced at ten am. Brenda Kutska spoke first. She shared her family’s personal misfortune of dealing with a wrongful conviction. Her Father-in-law, Keith Kutska, was wrongfully convicted along with five other men in 1995 of a murder they did not commit. Keith and four others have been in prison for twenty years. There was no anger or malice, only hope in Brenda’s tone as she spoke of the many years her family has lived with no expectations of ever seeing freedom for Keith. Her ability to stay positive is due to renewed hope fueled by recent legal help for Keith. Each time Brenda paused to catch her breath, a respectful audience waited. Even as they heard about circumstances many of them could not relate to, their hearts were deeply touched. And after hearing about this type of injustice, something they never considered before, they applauded her candidness.

At eleven am it was time for me to try out a new platform-a forty-five minute panel discussion with four exonerees; Audrey Edmunds and Mario Victoria Vasquez from Wisconsin, and Mike Hansen and Koua Fong Lee from Minnesota. Julie Jonas, legal director for the IPMN would join me in introducing our exonerees, along with giving us a sense of what her organization does. There were a few sprinkles of rain in the air, but we proceeded as planned.

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Joan Treppa, exonerees Audrey Edmunds (11)*, Mario Victoria Vasquez (17)*, Mike Hansen (6)*, Koua Fong Lee (3)* and IPMN director Julie Jonas 

Julie introduced Mike and Koua; two exonerees whose cases she had personally worked on. She quickly summed up the lengthy legal processes to free them. I introduced Audrey and Mario. I shared their circumstances and how we had met. We touched on the experiences of all four; the initial crime they were accused of, life in prison, how they found help and what their lives are like now. There was laughter and sadness. There were pleas to stay cognizant that these injustices exists and of the importance of supporting organizations like the Innocence Project. Before long, the clouds dispersed and the sun appeared.

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Exonerees Mario Vasquez and Koua Fong Lee 

Following the discussion at approximately 11:55, something unexpected happened. I was leaving the stage when a gentleman approached. He and his wife had been driving by on the highway when they spotted our event. They felt compelled to stop. The husband presented me with a challenge to match all donations raised by 12:15 up to $1,000! He asked that I make an immediate announcement. I signaled to Chuck, our DJ, to pause the music. As I waited I wondered if we’d come close to collecting that amount or if we would lose out on this rare opportunity. The crowd was small and I had my doubts. But I made the announcement and hoped for the best.

At 12:15 a handful of us counted; $100…$200…$300…and so on all the way up to $1,000 and then some! We had done it and this couple assured us they would be sending a check. Although they wanted to remain anonymous, we couldn’t help but gather around to thank them for their generosity.

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Exoneree Mike Hansen with girlfriend Shaylee and son Keegan 

Still excited about our great fortune, I prepared for the second and final panel discussion at one pm with Attorney Steve Kaplan and Mike ‘Pie’ Piaskowski. They discussed the Wisconsin Monfils case. Mike Pie is the only one of six co-defendants (including the previously mentioned Keith Kutska) to be exonerated. Steve has been actively pursuing freedom for Keith for the past two+ years. At the last minute I asked my good friend and colleague, Johnny Johnson, to join us for this discussion because he is the retired private investigator who aided in compelling Steve to take on this case. I gave a quick case summary and proceeded with the discussion. Mike Pie shared his personal experience as the accused. Steve talked about the legal process of representing Keith. Johnny shared his viewpoint as an outside investigator and explained the proper techniques of interpreting evidence, conducting an investigation, and his personal observations about this case. Steve also discussed the recent hearing for Keith in July of 2015 and what to expect in the coming months.

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Joan Treppa, Steve Kaplan, exoneree Mike Piaskowski (5.5)* and Johnny Johnson 

Both panel discussions were informative and eye-opening for those who gathered to listen. Both elicited reactions of dismay in regards to our judicial system and empathy towards the victims present that day. I felt that what we were doing was making a difference and helping the victims heal just a little bit more by affording them this opportunity.

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Exoneree Mario Victoria Vasquez with Julie Jonas and her children Sarah and Sam 

Amenities included two food vendors and Jeff Lee of ‘Art For You’. Jeff promised to donate 15% of his earnings that day to our cause. He sold four pictures. Chuck Brost, our DJ for ‘Tunes To Go’, was amazing as always.

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Tater Boss Tater Tots

I am pleased to report I received checks from both the couple and from Jeff Lee. I had also received additional personal checks in the mail prior to and after the show. We raised a grand total of $3,080.50 which exceeded last year’s total. We are thankful to General Manager, Sue Stang, of Route 65 Classics (which will be renamed Unique Classics on 65 as of September 1, 2015) for allowing us free access to their facility.

The show ended with numerous awards for the best cars. Plaques and trophies were courtesy of friends, Pat and Rosemary Bonnett. They were handed out by Audrey Edmunds and Mario Victoria Vasquez. To truly appreciate this incredible experience you’ll have to come to next year’s show. I hope to see you then…

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Best in Show Award

* ( ) Total years of sentence each exoneree served.

           

                                                

A Benevolent Coup d’état…

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I’m sharing a true story, a smaller component of what has shaped a much larger one. It’s an important step in my six year journey to aid in the eventual release of five innocent but incarcerated men from Green Bay, Wisconsin. It came about by way of two individuals with nothing more than a vision and infinite determination. How do ordinary citizens take on the establishment and win? Well…let me explain.

The good news is that a twenty-three-year-old murder case has become big news again and is heading back to the courts in front of the original trial judge in the same county where the whole nightmare began! The bad news is that innocent men are still sitting in prison for a crime they did not commit. And the other real tragedy is that it most likely wasn’t a crime at all, but a suicide. So the real question is, how did that happen?

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The Monfils Conspiracy published in 2009 

I became involved when I read The Monfils Conspiracy; a book about the case. I became outraged enough to bring copies to Minneapolis to sell. Fortunately, I ran into Johnny Johnson; a retired crime scene investigator who bought one. Then I eventually handed one to Steve Kaplan; a compassionate attorney who came on board soon after, despite his intention to retire. He actually did retire, but went back to Fredrikson & Byron, PA, a sizable law firm here in Minneapolis, to work full time on this case after Johnny and I explained to him its many flaws.

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Retired Crime Scene Investigator, Johnny Johnson, Citizen Advocate Joan Treppa, and Attorney Steve Kaplan 

This story in and of itself is quite incredible, but couple that with the fact that up to this point, there had been no discussion of monetary payment except for a brief one confirming there was none. I consider us damned lucky that Steve was okay with this. But after Steve had done a little research it was clear to him that what happened to these men was not only wrong, but unethical and illegal. He decided he’d be the one who’d try to change that. He got right to work and found others both at the firm and at other firms who were interested in partnering with him because of their strong code of ethics. They climbed on board the freedom train knowing that their time would be donated. Eventually, more attorneys from Wisconsin hopped on board.

Twelve months into it the team decided it was time to bring in experts to study what evidence had been uncovered, and to compile reports to support the new findings; things that were never disclosed to the judge or jury during the trial in 1995. But this would prompt an unavoidable discussion about funds. Our dedicated attorney explained that in order to solicit reputable experts we will need to pay for their services, which will be expensive. We understood this to be a necessary component to completing our mission. Talk of fundraising ensued. But that could take time and unnecessarily postpone the mission. Johnny and I had to come up with a plan to kick start this process…and fast.

The story picks up speed from there. It was not long after this discussion that Johnny sat me down. Please understand, Johnny’s an Army veteran who references military language on occasion. So, one day he said to me,

“What would you say if I suggested we enact a Coup d’état?”

I asked him to elaborate. “Let’s plop some dough-re-mi onto Steve’s desk and see what happens,” he said.

We first shared the idea with our spouses, Linda and Mike. They granted us their overwhelming support. So, the following day, Johnny and I went over to the law firm and sat Steve down. We then proceeded to set two checks on the table in front of him. When he realized we were not about to take no for an answer, he expressed deep gratitude and assured us it would be put to good use.

Steve walked us to the elevator. As the doors closed, Steve ran into Pam Wandzel, the pro bono department manager for the firm. We witnessed the handing over of the checks right before the doors closed. What happened after that was a miracle.

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Reynold Moore in 2011 

Time to mention that the Wisconsin Innocence Project (WIP) had already been in the process of representing Reynold Moore-one of our five guys, in an appeal before the law firm came on board. In fact, they had recently hit a brick wall when their efforts to appeal Rey’s conviction in the Wisconsin Supreme Court in 2012 was denied. This news story explains.

WIP Attorney Byron Lichstein (a young Steve Kaplan) was Rey’s lawyer for that appeal. When Byron later learned about the firm getting involved, he was ecstatic. After our little visit with Steve, Byron received word of our actions. The WIP responded by matching our donation. Then another development occurred. The following week a significant amount became available on behalf of the law firm that would put the case back on track for an evidentiary hearing. The hearing for Keith Kutska is now scheduled for July 8, 2015.

My purpose for sharing this series of events is rooted in a desire to inspire. I’m a citizen of this country. When I learned about people being bullied by the courts, I felt it my duty as a citizen to become part of the solution. When Johnny learned of a fellow detective unscrupulously coercing false testimony to convict six innocent men, he also became part of the solution…and so on and so on.

This is what we do and we expect no less from our peers. We, as free citizens must not think twice about taking action. We must never expect someone else to do what we have the ability to do. Start a coup; but one of benevolence not of violence. It is up to each one of us to make a difference and to set an example.

I’ll leave you with a sobering statistic: There have been close to 2,000 exonerations in this country since 1989. This isn’t a large number but consider this…According to the National Registry of Exonerations, government misconduct, which includes all levels of the judicial ladder, was the prime factor in 46% of all wrongful convictions. We have one judicial system. Together, we must do our part, no matter how large or how small, to get it back on track.