Tag Archives: Green Bay Wisconsin

A Patch of Sunlight: Message of Hope Through Real-Life Tragedies…

In this posting I’m proudly sharing one of the most superbly written articles regarding my personal decade-long commitment to help correct a deeply flawed injustice.

The article came about as a result of my participation in a Minneapolis book fair put together by the Women Of Words (WOW); a local writing group I’ve been a part of since before my book was published.

I admire the many women who embody this highly motivated, knowledgeable, and generous group of writers that welcomed me into the fold without hesitation. Their influence and encouragement to continually summon the creative writing app in my brain, and their permission to accept the ever-present anxiety during those final days, was extremely reassuring at a crucial time.

Participating authors at the WOW book fair. (Photo courtesy of Ann Spiczka Aubitz, WOW member) 

My book, Reclaiming Lives: Pursuing Justice for Six Innocent Men (published in 2017)—a project I had worked vigorously on for four years—was nearing completion. I was so close to the end and feeling impatient about finally broadcasting what I so passionately wanted to convey to the world; the pain and devastation forced upon countless innocent lives when six men were given life sentences for a murder they did not commit. 

Ironically, after a book is published is when the real work begins. Having your book stand out, for instance—especially among the cacophony of amazing books at events such as this one—takes creativity. My attention grabber has become my modestly concocted homemade posters made of colorful poster paper and scotch tape. However, it’s not the posters themselves that grab the attention of passers-by, but what’s on them. The latest stats and disturbingly honest testimonials from those who’ve lived the nightmare of being wrongfully convicted, usually does the trick.

At the book fair, this poster caught the eye of Michael Ireland; an unassuming gentleman who walked up to my table and began to read…

After exploring the topic of my book and the reasons for my involvement, Ireland shared his extensive background as a journalist. He also expressed an interest in highlighting this story for the Eden Prairie Patch; a local online Minnesota news network in which he writes articles for regularly. 

These are welcomed opportunities that allow me to broadcast far and wide, a message of hope and possibilities through real-life tragedies. And though sharing this mission can be somewhat discouraging, (because who wants to hear about one more problem that most feel powerless to change?), it is one that I remain steadfast in telling. I believe no matter your perceived level of ability to make change, being aware of the potential hazards in life can also be advantageous…and quite empowering. 

Without further delay, here’s the little patch of sunlight that Michael Ireland wrote on my behalf and posted on two networks he is affiliated with:

Eden Prairie Patch headline:                                                                                                                          “Reclaiming Lives” Seeks Justice for Wrongfully Accused Mill-workers

Assist News headline:                                                                                                                                      Minneapolis social justice advocate pens book to free six innocent men

By Michael Ireland May 2, 2019

MINNEAPOLIS, MINNESOTA (ANS) – When Joan Treppa heard the tragic story of Wisconsin paper mill worker Tom Monfils, her highly-developed sense of injustice, her faith, a sense of call to write, and her own experience of being bullied all came together in the book “Reclaiming Lives, Pursuing Justice for Six innocent Men,” ©2017 Mill City Press, Inc.

Treppa is a social justice advocate whose focus is to create awareness about wrongful convictions. She’s a voice for the five Wisconsin men currently fighting for their freedom.

In 1992, the death of mill worker Tom Monfils, and the resulting trial of six men accused of his murder, shocked the Wisconsin community in which it occurred.

In an interview with ASSIST News, Treppa said: “People often tell me I sound like a lawyer when I share my passionate discourse for those who’ve experienced grave injustices within our criminal justice system.

“In fact, I am not a lawyer. I have no legal background whatsoever…only a fierce determination to help correct one injustice that found its way to me,” she said.

Cover artwork for Reclaiming Lives

“Aside from the unfairness of how the entire case was handled, an underlying message that jumped out for me while learning about the situation was an element of bullying. I experienced bullying throughout my childhood. In this instance bullying became the most disturbing aspect of how innocent people had been victimized and punished unjustly.

“Traumatic personal memories of the anger, the hurt from being ostracized to the point of feeling shame and self-pity, returned. A calling was borne out of the remnants of those painful experiences and I could not turn my back on individuals caught up in this highly-publicized situation that completely destroyed their lives and sent innocent people to prison for a crime they did not commit. In essence, I became one of many who were chosen to broadcast the real truths about this injustice, to reveal all that was lost in the controversy, the cover-ups, and the politics.”

Treppa described the synopsis of the case that prompted the book.

In November of 1992, paper mill worker, Tom Monfils, made a 911 call to report an impending theft within the mill by fellow mill worker, Keith Kutska. As a result, Kutska was suspended from work but learned of the 911 call during a disciplinary hearing. Afterward, Kutska made known his intent to find out who made the call and to obtain a copy of the recording.

“The police department handed over a copy to Kutska despite repeated (undocumented) calls from Monfils asking them not to. Kutska then confronted Monfils at work with the tape the following week,” she said, adding: “Soon after this confrontation, Monfils disappeared from his work station and was found the next day at the bottom of a paper pulp vat inside the mill with a rope and weight tied around his neck.”

Treppa continued: “Early in the investigation the police were told by those who worked with Monfils that he had committed suicide. But then the police learned of the police department’s critical error of releasing a copy of the tape to Kutska,” said Treppa.

“They also learned about the confrontation between Kutska and Monfils. The focus of the investigation then became more aggressive with the intent to prove this was a homicide. Kutska became their lead suspect.”

In 1995, the two-and-a-half year investigation essentially produced no solid evidence or credible eyewitnesses, said Treppa. “Despite this, a twenty-eight day joint trial ended with six men, including Keith Kutska, Reynold Moore, Dale Basten, Michael Johnson, Michael Hirn, and Michael Piaskowski, being charged with first-degree intentional homicide. Each was given a life sentence.”

Treppa acknowledged some similarities to her own life story.

“For a significant period in my life, I was robbed of my individual voice, my dignity, and sense of self,” she said. “The same happened here. But what helped me to overcome those traumas was the generosity, the kindness I received from good people who entered my life from time to time.

“Overwhelming emotions propagated my sense of duty and commitment to help these men and their families, the same way I had been helped. I felt adequately well-equipped to stand tall for them. As hurtful as it was to remember the helplessness of being made fun of incessantly, being a target of repeated name calling, and being held accountable for wrongs I had no part in committing, the empowerment I felt was even greater.”

What was it about the case that drew her interest? What is now the current state of the case and the men involved?

Treppa said becoming an advocate and an author was an unexpected deviation from all of the things that had since kept her life simple and brought great joy and satisfaction.

“My faith allowed me to believe in something larger than me. It allowed me to make a difference in that something. And it expected me to figure out how that was going to happen. Ironically, taking this new path revealed an emptiness that was stagnant for many years. Taking a stand on their behalf did two things; it gave the recipients hope while helping me to heal on an emotional as well as spiritual level,” she said.

To date, three of the six men are free. In 2001, Michael Piaskowski was exonerated by a federal judge who found no evidence of guilt against him. Dale Basten was released in 2017 due to health issues. Sadly, he died nine months later. Michael Hirn was granted parole in 2018 while maintaining his innocence. It is expected that Michael Johnson and Reynold Moore will be released on parole in 2019.

“The battle for Keith Kutska’s release is ongoing, but uncertain. To this day, all of the men have maintained their absolute innocence,” Treppa said.

Petitioning for the immediate release for the remaining incarcerated men was the main focus of her book.

“I’m ecstatic that the Parole Commission has started to grant parole to these men without asking them to admit to a crime they did not commit,” she said.

“The untold story, the aftermath, the dire challenges forced upon the men and their loved ones, and the telling of the many miracles that occurred along the way was also an important aspect.”

Treppa stated: “In the process, it was necessary to highlight the specific flaws of this case, and to enlighten those unaware of the realities and common flaws that are present in all wrongful convictions. Pointing out the shortfalls of the media outlets in that region has had an effect as well, as some have begun to look deeper into the details of this case and are questioning the validity of the police theory and the verdicts.”

Treppa hopes to inspire others to embrace their own personal callings with the belief that goodness exists if we only take the time to look, and that it is as infectious as bad behavior.

Treppa said the idea that wrongful convictions can and do happen…anywhere, to anyone, and with absolutely no warning is her-hoped for takeaway for readers.

“My greatest legacy will be realized when what I’ve written has touched hearts in the deepest sense and has motivated many to overcome their own barriers to help others.

“I wish for everyone to find that singular connection that compels them to help improve lives, and to understand why some lack the ability and/or resources to help themselves,” she said.

Treppa concluded: “When we begin to abandon judgement and make a conscious effort to embrace the difficulties of others, we contribute to the kind of place where we’d all like to live. I believe that education is an important safeguard that will ultimately prevent more wrongful convictions from happening in the future.”

About Michael Ireland:

Michael Ireland is an Internet journalist and Media Missionary serving as Chief Correspondent for the ASSIST News Service. He is also an ordained minister and an award-winning local cable-TV host/producer. Michael has served with Dan Wooding and ASSIST News Service (ANS) since its beginning in 1989. He has reported for ANS from Jamaica, Mexico, Nicaragua, Israel, Jordan, China, and Russia. Follow Michael on Facebook at MichaelIrelandMediaMissionary. Consider supporting Michael as a media missionary on his website.

 

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.

An Unearthing of Ghosts…

Greeting card drawn and sent from an innocent man held captive by the Wisconsin prison system                                      

A fitting day to share this chapter from my book; triumph that instilled an uncommon but short lived dose of hope and possibilities…

Chapter 33

Legal Woes for the Opposition

Halloween, October 31, 2014. A fitting day to illustrate an unearthing of ghosts still lurking through the halls of the Brown County Courthouse. Finally, twenty-one months of effort put forth by a dedicated legal defense team came to fruition when they filed a 152-page motion, more than one hundred exhibits, and several affidavits in Brown County requesting an evidentiary hearing for Keith Kutska. Close to twenty years later, this small Midwest town was thrust back into legal upheaval.

There was a flurry of news reports on local TV stations and in print. One Green Bay Press-Gazette headline read:

“Defense: Monfils Death a Suicide. New Legal Team Seeks to Have Conspiracy Conviction Thrown Out.”

When this motion was filed, Johnny and I took great satisfaction in knowing we had played a monumental role in its inception. The families were hopeful. We all felt great about it because there was real progress being made. And our miracle was a kick in the legal shins for Brown County. They most likely never expected we’d get this far or that this case would actually make it back into the courts. But there it was. I imagined the clambering behind closed doors to keep their wits about them because the further this moved forward, the more media attention they’d receive. There’d be no escaping public scrutiny or the tough questions that followed. And it’d be a cold day in hell before those questions stopped. This was no longer merely a movement of family members, close friends, and two crusaders from Minnesota. This motion was spearheaded by a respectable law firm armed with an unrelenting dedication and ability to keep on keeping on.

(Photo courtesy of the Green Bay Press-Gazette) 

The main points listed are directly from the original 152-page brief and are as follows:

  • Defense counsel provided ineffective assistance by conceding the State’s homicide theory without consulting an independent forensic pathologist and investigating the evidence of suicide.
  • The State denied Mr. Kutska due process by relying on erroneous forensic pathology, and perjured fact witness testimony.
  • Mr. Kutska has presented “sufficient reason” for this motion.
  • The court should vacate this conviction in the interests of justice.

These excerpts taken from this same document reveal major aspects of a failed investigation in a massively flawed case:

At approximately 7:42 a.m. on November 21, 1992, Tom Monfils—despondent, shamed, and angry—left his work area at the James River Paper Mill and walked toward an entrance of a nearby airlock passageway. As he neared the airlock, he picked up a 49 lb. weight and proceeded through the airlock. He then entered a storage area where his jump rope was hanging on a railing. With both the rope and weight in hand, Monfils walked to a large vat containing approximately 20,000 gallons of liquid. There, he climbed the steps to the top of the vat, tied one end of the rope around his neck and the other end to the weight, and entered the vat where he suffered traumatic injuries and died from drowning in the liquid.

After a 2 1/2 year investigation, Kutska, and five other mill workers were convicted of first-degree intentional homicide and sentenced to life in prison for Monfils’ death. The prosecution’s theory was that after Kutska had learned that Monfils had reported him to the police for stealing a piece of electrical cord from the mill, Kutska fomented “an angry mob” of his “union brothers” that viciously beat Monfils at a water bubbler (water fountain) at approximately 7:45 a.m. and then disposed of his body in the vat at approximately 7:50 a.m. on November 21, 1992. That theory embraced the conclusions of the medical examiner Dr. Helen Young, who concluded that Monfils had been beaten and then placed in the vat where he died.

Dr. Young’s homicide determination was, however, erroneous and rested on a series of provably false assumptions, as well as her ignorance regarding the engineering design and operating factors impacting the movement of Monfils’ body in the vat. As forensic pathologist, Dr. Mary Ann Sens states in her report, Dr. Young also lacked any scientific or medical basis for reliably and accurately determining that Monfils’ death was the result of a homicide and not a suicide. Indeed, there is ample and compelling evidence that Monfils had taken his own life.

Unfortunately, residents and law enforcement officials in Green Bay remained unwilling to appreciate the implications surrounding the firm’s findings that support a possible suicide. This first round of filings caused the county to push back…hard. They resisted the notion the case had been mismanaged. They remained as steadfast as ever in a dying effort to uphold all of these convictions, including Mike Piaskowski’s, in spite of his exoneration in a federal court. At every opportunity, former District Attorney, John Zakowski, defends the biggest case of his career with toxic statements that still fuel a vengeful public. Afterward and in present day, his most vicious attacks are aimed directly at his worst nightmare come true. In reference to the release of Michael Piaskowski he flatly states, Michael Piaskowski “was not exonerated,” rather, he was “mistakenly let go” due to a poor appeals argument by the attorney general’s office. And in a recent interview he did for a documentary about the Monfils case, Zakowski stated, “People tend to say, ‘Well, it’s only circumstantial evidence.’ Circumstantial evidence is many times stronger.”

Euphoria diminished as we waited and waited for a reply from the State. When the State did finally respond, it was as expected. In their response, they argued against every measure of the firm’s brief. However, it was again the defense team’s turn to have one last say in the matter before a final decision was to be reached. The firm was ready, filing their reply brief earlier than the allotted time…

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