Tag Archives: Michael Hirn

Final Steps Toward Freedom…   

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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!

Meeting Expectations…

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Michael Hirn. Photo courtesy of WBAY Ch. 2 Green Bay, Wisconsin

It’s disgusting to still hear the harsh portrayal of six paper mill workers from Green Bay, Wisconsin, convicted of an alleged “murder plot” in 1995. The murder theory was never really proven, at least not to the satisfaction of anyone other than those motivated to turn a tragic suicide into a murder. To this day, when this case comes up in certain circles or in the news, these men are characterized as “union thug conspirators” and “murderers” and the whole alleged “bubbler” incident gets rehashed all over again.

When monitoring social media news sites whenever a story is published about this case, I’m amazed at the lack of knowledge and/or misinformation still out there. Despite a more recent investigation and repeated coverage during the 2015 hearing for Keith Kutska, people are relatively still in the dark about what most likely happened. I believe the ignorance persists for two reasons. 1. “Guilters” are only that and are seldom interested in becoming educated. 2. Because coverage rarely includes the “new” and more recent information made public during the hearing that clearly leans toward suicide. It’s like the news outlets are afraid or unwilling to tell that side of the story. I get why that is. It’s because they dare not offend the DA’s office or the Police Dept; two entities the media heavily relies on for critical information for future stories. Simply put, they need to keep those crucial lines of communication open…and cooperative. This sad fact is true, especially within smaller communities like Green Bay.

Having befriended these men over the years and meeting them all face to face more than once, my impressions of them are vastly different from that of the general public. And in my ongoing mission to tell their side of this very tragic story, it is my pleasure to introduce my readers to them on occasion. I feel it is important to give the men a face, a voice from behind bars, and a chance to gain additional support from those who might not otherwise know anything about them other than what they’ve read or seen in news clips. Doing so at this time is especially important. The very real reality that at least some of these men are now being granted parole, is upon us.

I told you earlier that Dale Basten was given “compassionate release” in 2017 due to his failing health and the high cost of his medical care. Unfortunately, nearly nine months later, Dale passed away. And now we just learned in December of 2018 that Michael Hirn has been granted parole. I’m excited to announce he will be released the week before Christmas!

I blogged about the incredible visit my husband, Mike, and I had in February of 2015 with Keith Kutska. You may recall that Keith was the alleged ring leader of the “angry mob” that supposedly gathered on November 21, 1992 to beat up Tom Monfils.

On Saturday, April 18, 2015 we drove to Oregon, WI which is just South of Madison, to the Oak Hill Correctional Institution*. This time we were visiting Michael Hirn; the youngest of the six men. My husband took this video prior to our entrance onto the prison grounds.

Main entrance at Oak Hill Correctional, Oregon, Wisconsin 

To add a little background that separates Michael from the others, back when this case was being investigated, aside from readily taking and passing four polygraph tests (which all of the men took and passed), Michael pushed to have the FBI involved in the investigation. The FBI did arrive on the scene but left soon afterward. I have no insight as to why that is. But like all of the others, Michael found himself in the wrong place at the wrong time the day Tom Monfils went missing. And there still are too many unanswered questions regarding this case.

For this visit we were under special visit status due to Michael’s full visitation list. We had completed the requirements for a one-time visit only. We approached the front desk and presented our ID’s. However, the guard could not find the form we had filled out in the appropriate blue folder. He was apologetic as he searched for the information that would confirm our visit. And he was kind enough to also acknowledge our long drive. He made a call to another guard who finally found the missing form in another location and, after a sigh of relief, sent us on our way to the visiting room.

We were directed to table #30 on the far side of the room. Many tables near us were occupied. Similar to our visit with Keith, the atmosphere was relaxed…and normal. We waited a few moments before Michael appeared. I waved to signal our presence. We exchanged smiles while he checked in. This experience was oddly familiar given it was only our second visit to a prison.

As Michael approached he shook hands with my husband. They hugged. Then it was my turn to receive a hug. We were delighted to finally meet him. We had been scheduled for a visit a month earlier but when the form was being processed, Michael was unexpectedly transferred from Fox Lake Correctional to Oak Hill, a medium security prison. The paperwork had gotten lost but thanks to Ms. Miller, Michael’s Social Worker at Fox Lake, the process was expedited.

Michael, like Keith, is kind, thoughtful, courteous, and talkative. We knew from his many letters that he is outspoken about our judicial system and very intent on working to correct its many flaws as soon as he is able. We had told him then that we will be there to support him when that time comes. And so his new life will soon begin…definitely with our support and the support of many others.

While in the throws of discussing the new developments in the case and the encouragement of renewed possibilities during the visit, Michael’s smile appeared time and again. It was a blessing to him…and to us. We three were becoming comfortable in each other’s presence when, forty minutes into our visit, a guard walked over to our table.

“Is it okay if two other visitors join you?” he asked.

Michael’s Aunt Marlene and Uncle Terry had arrived at the front desk. Michael was pleasantly surprised and we, of course, were eager to meet more of the clan. Aunt Marlene and Uncle Terry were anyone’s Aunt and Uncle; full of smiles and excitement as they sauntered in. Mike and I immediately felt at home with them. We hugged and we laughed. Mike and I learned that they had visited often over the years. Michael’s dry sense of humor surfaced when he introduced me as the “instigator” in the recent legal activities. Marlene, now sitting next to me, thanked me and offered another hug as tears fell. She then looked directly at Michael,

“I don’t know how you maintain such a positive attitude under such circumstances,” she said.

Michael told her “It is because of the support from so many that keeps me strong.”

My heart wept for Marlene and Terry’s pain over the course of so many years. It was obvious they relied heavily on each other for support. I felt grateful for their collective strength. They didn’t dwell on anger but a concern for Michael’s welfare. Their genuine love for him radiated.

The three-hour visit progressed rapidly. I wanted to have pictures taken so, the appropriate form was filled out. We were soon called over to the picture taking station by an inmate who’d be taking them. Unlike the experience during our visit with Keith, I was successful in getting both Mike’s to smile!

Marlene and Terry opted out of the pictures. “We are waiting for the day when Michael is released,” they said.

We then purchased and devoured ice cream bars. How good it felt at that moment to be a part of this mission…and these lives.

In the lobby following our visit, we spent time speaking with Marlene and Terry. We exchanged contact information. We felt honored by their expression of gratitude toward what we were doing for Michael. They thanked us for taking the time to visit their beloved nephew. The story of Marlene and Terry is the story of thousands who have lost precious years with loved ones due to a wrongful conviction. The resounding constant is the level of resilience and courage that so many of them possess.

Just before this visit, I had done as I always do, sent my most recent blog piece to all of the men which described our visit with Keith. In Michael’s letter he referenced our upcoming visit and mentioned that Keith had set the bar pretty high. He admitted he was feeling the pressure to make sure we had an even better visit. Honestly, Michael had nothing to worry about. This visit vastly outweighed any expectations we may have had for that day. We’ve again been blessed with insight into the integrity of another courageous soul…and his family.

joan-mike-treppa-w-michael-hirn-at-oakhill-correctional-4-18-15

Mike and Joan Treppa with Michael Hirn. (Photo courtesy of Oak Hill Correctional Institution)       

*Michael was moved to and will be released from McNaughton Correctional Center in Tomahawk, Wisconsin.

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 in 2001

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.