Tag Archives: Monfils case

Year End Thoughts and an Update…

As 2023 draws to a close, I’d like to share some thoughts on what this “journey for justice” on behalf of six innocent men has meant to me.

But first, an announcement. On August 30, Keith Kutska, was released on parole.

WBAY coverage of Keith Kutska’s release.

For the first time in decades-with the exception of Dale Basten-all of the men; exoneree, Michael Piaskowski, Keith Kutska, Michael Hirn, Reynold Moore, and Michael Johnson are home for the holidays with loved ones! Sadly, Dale passed away on June 23, 2018, nine months after his release from prison.

Dale Basten in 2016 at Stanley Correctional Institution

Since 2009 when I first learned of this grave injustice and pledged my support to help free these men, I had no knowledge of the eye-opening realities of our criminal justice system. While I still believe that the system gets it right the majority of the time, it is those instances; too many of them, that we as a society must scrutinize and remedy.

I do not claim to be an expert in this field and I certainly do not have any grand solutions to rid the system of wrongful convictions. I only know that what I’ve seen up close as a bystander in one of the most notorious cases in Wisconsin history is quite disturbing. And the results can only be measured in lives destroyed…lives lost…lives wasted…all for no good reason.

Keith Kutska with his lawyers during his evidentiary hearing in 2015

In the Monfils case there has been adequate opportunity for those with the ability to do so, to finally correct this injustice in light of the new evidence and information brought forth during the 2015 evidentiary hearing for Keith Kutska by a well-respected and unbiased law firm. Sadly, that has not happened. On the contrary, the pushback to maintain the status quo in this case has been unrelenting.

Former DA John Zakowski is currently a judge in the same district

Unfortunately, that defiance is not unique. But thanks to the Innocence Project organization and the more recent installations of CIUs (Criminal Integrity Units), there are credible and effective resources available to help push through such barriers.

Observing and watching in real time how the more recent legal process has progressed in Wisconsin has been more of an education than I could have ever imagined. Unfortunately, my takeaway has been a less than stellar opinion of the entire judicial process. I no longer readily accept at face value, the information provided in news clips regarding other arrests, investigations, etc. I just always have this nagging fear of possible “gaps” in those stories.

I’ve gotten to know the six men in the Monfils case and many others since who have experienced the nightmare of being falsely accused. Above all, I’ve witnessed remarkable courage, unwavering determination, and unparalleled strength of character. Ironically, the very folks who’ve overcome absolute hopelessness, devastating disappointments, and brutal animosity are some of the nicest people on the planet. It has been a privilege for me to have met enough of them to know that there is so much to be learned from all of them.

While the goal of full exonerations for all of these Wisconsin men has yet to be realized, I am proud of my role as a social justice advocate. I am proud of this legacy for myself and my family. I am proud of my accomplishments as a writer who has found her voice and who has chosen to use it to educate, to inspire, and to advocate for those victimized by a flawed criminal justice system.

Many of you have lent your support in various ways over the years. For this I am grateful. Now, for the sake of continuing to educate the public, you can help me spread this story far and wide. Maybe consider buying a copy of my book for a friend or a loved one.

Purchase through my website. Click on the book image in the upper right corner of this page.

Order the book through my publisher, Kirk House Publishing

If you’ve read the book, THANK YOU! A brief review on Amazon is always helpful in maintaining a book’s visibility.

Most importantly, it truly is a gift for these men to see and feel the amazing support from all of you on their behalf!

Thank you and Happy Holidays!

 

 

Bridging The Gap To Freedom…

October 29, 1995: This edition of the Green Bay Press-Gazette hit newsstands the day after six guilty verdicts were handed to Keith Kutska (pictured above with his attorney), Dale Basten, Michael Johnson, Reynold Moore, Michael Piaskowski, and Michael Hirn in a Brown County Courtroom, for their alleged roles in co-conspiring to murder paper mill worker, Tom Monfils.

Described in this front page article was a heart-wrenching scene of utter hopelessness and despair:

“Mike Johnson’s wife, Kim Johnson, nearly had to be carried from the courtroom. She sobbed on the courthouse steps as her daughter, Dawn, held her.”

Two and a half decades after that fateful day, as I sat at my desk putting the final touches on a writing project, my mobile phone pinged, alerting me of a Facebook notification. It was from my sista flame, Joan Van Houten; fellow social justice advocate and stepdaughter of Michael Johnson.

And staring back at me in bold letters was this forwarded message:

“Joan, Big Mike* got his parole …”

Joan and I first met in 2010 when there was talk of putting this injustice back into the public realm. We discussed plans of holding a first-time rally for the six convicted men on the very courthouse steps where her mother, Kim, had faltered. Joan and I also eventually partnered up to co-manage the Voice of Innocence FB page—a resource dedicated to ongoing developments in the Monfils case. Because of our matching names we dubbed ourselves sista flames.

Joan and I had been told recently by her stepfather that his release from prison was imminent. We were confident this would happen because of Michael Hirn’s unprecedented release (on parole) in December of 2018. I say unprecedented because anyone with knowledge of how the Dept. Of Corrections (DOC) operates, understands that prisoners who maintain their innocence are typically barred from being released on parole.

(Photo courtesy of WBAY Ch. 2 news in Green Bay, WI)                         

Twice, a date had been set for Johnson. Twice, as the day approached, the date was postponed. A third date was scheduled. To our relief, July 3rd, 2019 became the day in which Michael Johnson took his first breath of freedom in twenty-three years.

Johnson was located at the Sanger B. Powers Correctional Center in Oneida, Wisconsin—a minimum security facility a few short miles west of the Green Bay city limits. Due to its close proximity to Green Bay, I suspected there’d be a number of local media outlets present. My assumptions were confirmed when I was contacted by a few reporters from Green Bay asking if I’d be there.

I had discussed media presence with the family beforehand, to gauge their reaction to this unavoidable attention. Because of the overwhelming trauma they’d experienced from the media frenzy in the early ‘90’s, their concerns of undue scrutiny were quite real…and warranted. As with Hirn’s family, they understood that this heightened attention stems from this being a high profile case. They also understood the probability of bringing their beloved home without public scrutiny was simply not going to happen.

And while we as outsiders easily characterize these events (releases) as positive and celebratory for these folks, we neglect to realize the negative impact of the past two and a half decades and how something as positive as this event can induce amplified recollections of the somewhat faded but ever-present horrors of this nightmare. So to the media I urged caution. To the family members I offered to bridge the gap between them and the media.

View of Sanger B. Powers Correctional Center from the main highway 

Mike and I were the first to arrive at this facility at 8 a.m. The window for Johnson’s release was between 9:00 – 10:30 a.m. which gave us time to take photos, meet with family members, and speak with reporters before Johnson’s anticipated release.  

We were forewarned of the high volume of traffic on the main road in front of the building, so Mike and I parked on a side street…and waited. Soon, a vehicle turned the corner and headed in our direction. It was Mark Saxenmeyer, CEO of The Reporters Inc and his cameraman, Joe Pollock. They had come to capture footage of Michael Johnson’s release to include in their docuseries, Guilty Until Proven Innocent, same as they had done for Michael Hirn’s release in December.

WBAY Action 2 news in (Green Bay) arrived shortly after Mark and Joe. They parked on the main highway. As we moved from our current position to pull into a space in front of them, my cell phone rang. Kim Johnson was on the line…

Kim was her usual talkative self. Her voice was full of both excitement and anxiety. She was with her sister and said they were on their way to the Correctional Center. “We will be there soon,” Kim said. I warned her that some in the media had already arrived. But I assured her that I was prepared to speak to them on behalf of the family. Relief resonated in Kim’s voice. She thanked me before ending the call.

By then, reporters from multiple local news outlets, as well as one from the Post-Crescent in Appleton, had arrived and started to get situated. As I stepped out of the car near the shoulder of the highway, they gathered around to introduce themselves. With cameras and microphones in tow, all attention was aimed in my direction. It is noteworthy to point out that the respectful and patient manner of the reporters afforded me an unusual sense of calm, which helped during what became my first ever press conference.

I felt the attentiveness and interest of the reporters, and their willingness to listen to a side of the story that had gotten lost in the shuffle all those years ago. I felt their coverage later that day had adequately reflected the difficulties these families will face going forward and how the largest hurdle for them will be to gain acceptance from a community inundated in lies and misguided truths—a community that may be reluctant to exhibit compassion.

Mark Saxenmeyer of The Reporters Inc is standing on the far left

After answering questions, I spotted people gathering in the parking lot near the front door of the Correctional Center. Mike and I walked over to greet them. The press was confined to the street and was not able to follow. The only person I knew in this crowd was Kim’s sister, Bonnie. We’d gotten to know each other over many years from attending monthly FAF (Friends and Family) meetings and the courthouse rallies that had become yearly events. We hugged. Bonnie expressed deep gratitude for all I had done. “This momentous occasion is upon us because of many people who truly cared,” I said. I then asked if she’d seen Kim yet. “Kim is already inside. She brought street clothes for Michael to change into,” she explained.

Kim soon exited the front door and walked toward us. She was barely recognizable in a large floppy hat and sunglasses. A reserved smile appeared on her face as she walked toward the crowd. I approached her. She put her arms around me, holding on tight in quiet desperation. I did my best to reassure her that all would be fine. “Okay,” she conceded.

Kim Johnson holding her husband’s official release papers. Bonnie is to the left, also in white  

Mike and I met many new family members that day; siblings…children….grandchildren, and in-laws. It was a delight to meet them and to be a part of this poignant episode in an ongoing saga of unwarranted turmoil. A more appropriate description also comes to mind that was reiterated time and again by dear friend and former colleague, Johnny Johnson—that this entire case is representative of nothing more than blatant malfeasance.

Michael Johnson…free at last                                

Our attention turned toward the building’s entrance as Michael appeared touting a white cap, button-down shirt, and dark pants. In front of him was a flatbed cart, similar to what is found in a hardware store. On it were numerous cardboard boxes filled with his belongings of the past twenty-three years. Images of The Fedex Man came to mind as he expertly maneuvered the cart toward us!

Michael stood in awe at the sizable group standing before him. He took a deep breath, closed his eyes, and uttered thanks for this gift of freedom and the amount of support for both himself and Kim. In the next instant this restrained crowd livened a bit, engaging in hugs, elevated laughter, shameless tears, and vibrant declarations of joy! One thing was for sure. This man was loved and there was no doubt in my mind that he’d be in great hands while navigating this new reality.

The horrific circumstances that led to Johnson’s conviction back in 1995 seemed to fade into oblivion as the sight of him casually making the rounds in the bright sunshine, warmed our hearts. Having witnessed a similar sight a few months earlier when Michael Hirn was released in no way diminished the impact of this experience.

The reasons for Johnson’s conviction were largely due to the trial testimony of David Weiner; another paper mill worker who, by the time of the trial, was a convicted murderer. Thirteen months after Monfils’ body was found, he was sent to prison for murdering his own brother. Before then, approximately six months after Monfils’ body was found, and after being threatened by the authorities that he himself could be implicated for the murder of Tom Monfils, Weiner conjured a repressed memory of seeing Michael Johnson and Dale Basten facing each other and hunched over as if they were carrying something heavy toward the paper pulp vat, the day of Monfils’ disappearance. At the time, Weiner’s work station was in an obscure area near the vat and the authorities reasoned his story was plausible and that the heavy object was most likely Monfils’ body. This account fit in well with the prosecution’s alleged “bubbler confrontation” theory. After his testimony, Weiner was rewarded with immediate release from prison. Weiner served a total of 39 months of a ten-year sentence for the premeditated murder of his own brother, in his home, with a witness present! In the state’s last words to the jury before deliberations in 1995, the Assistant DA said this: “There is no evidence that he [David Weiner] is capable of that kind of vile act [murder].” Straddling a fine legal line, the state distanced Weiner as an alternative suspect in Monfils’ death. And knowledge of his murder conviction was successfully withheld from the jury as he sat testifying against Michael Johnson and Dale Basten.

This quote from Johnson sums up his personal feelings on the matter:

“As a Christian man, I recognize the trials and tribulations I must face and endure in this world (2 Tim. 3:12). I realize that as I continue to profess my innocence, I will never be allowed to leave prison. Already this prison system has sought to withdraw my medium-security classification and send me to a maximum-security institution because I continue to claim I am falsely accused and unjustly convicted of a crime I did not commit or have any knowledge about. I wait patiently for my Lord to rescue me (Luke 18:7 and Rom. 8:28). I know I didn’t harm Tom Monfils. God knows I didn’t harm Tom Monfils. I can’t understand why David Weiner pointed a finger at me like that!” – Excerpt from The Monfils Conspiracy: The Conviction of Six Innocent Men

In a 2016 podcast interview, Joan Van Houten described evidence that should have been used by her stepfather’s lawyer to help prove his innocence. Joan said during the investigation, her stepfather was approached by a local reporter who asked him if he knew Tom Monfils. Johnson told him he did and that Monfils was a nice guy who brought homemade popcorn into work to share with everyone. He stated that at work, Tom Monfils was known as the popcorn man. It was later determined that Johnson was incorrect and that the popcorn man was actually someone else. Despite these documented facts, the video of that conversation with the reporter was never offered as evidence during the trial.

The family mentioned their plans to meet at a nearby restaurant for a bite to eat. Mike and I were invited. “We’ll catch up with you after we’re through here,” I said. Then Mike and I walked back down the driveway, hand in hand, toward the street where the press once again gathered for a statement. As the caravan of vehicles drove away, the press turned to catch a quick photo of Johnson when the car he was in turned the corner. I did my best to respect the family’s privacy as I fielded questions by the press about what Johnson’s first words were, who all was present, and what message did the family want to convey.

Michael Johnson as he exits Sanger B. Powers Correctional Center for the last time. (Photo courtesy of WBAY Action 2 news in Green Bay)

When Mike and I arrived at The Bay View Family Restaurant, Mark and Joe were waiting for us in the parking lot. They’d been granted permission to catch a few intimate moments in this more relaxed setting, but wanted us to make the formal introductions first. We headed inside toward the far corner of the restaurant where the group had gathered around a large table. After introductions were made, they captured an amazing display of comradery.

We were honored to be part of this special occasion with this courageous family. Seeing them all together, cracking jokes, sharing personal stories, and discussing ordinary everyday topics seemed, well…so normal. It was gratifying to know that they could again become familiar with what is normal for the majority of folks in this country.

Mike, me, and Kim and Michael Johnson                                   

Only when similar circumstances befall us personally do we truly appreciate the scope of this kind of tragedy and the hardships that follow. Like most people, I’ve personally experienced false accusations in the past, but never any that resulted in a harsh and life-altering wrongful conviction. As I humbly speak out about the difficulties faced by those who have, I do my absolute best to truly understand and to then accurately describe the pain, the heartache, and the hopelessness that accompanies an injustice such as this.

Side note: When Mike and I returned home from Green Bay, this letter was waiting for us in our mailbox:

It is fitting to share this one last bit of information that unfortunately adds another layer to the tragic nature of this injustice. Below is a photo taken in 2013 at a Benefit for Innocence hosted by the Innocence Project of Minnesota. Kim Johnson is in the middle and to her right is Debra Johnson-Dienberg, Michael’s sister. I knew Deb quite well and was deeply saddened to learn of her untimely and sudden death in 2016. She was extremely involved with the new push to find justice for her brother (and the other men) but she never got to see the sun shining down on her “Mickey” the day he was released, or join in as he savored his first decent meal in a restaurant in twenty-four years…

But Michael Johnson will argue that she was indeed there…in spirit.

Deb, Kim, and me   

WBAY CH 2 coverage of Johnson’s release.

WLUK FOX 11 coverage.

WFRV CH 5 coverage.

NBC 26 coverage.

Green Bay Press-Gazette coverage.

* Reference of Big Mike distinguishes between Joan’s stepfather Mike and her stepbrother Mike Jr.

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.”

“Reclaiming Lives,” is available on Amazon.com

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 and on Twitter at @Michael_ASSIST. Consider supporting Michael as a media missionary on his website.