Tag Archives: Six Innocent Men

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.

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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Deferential Observations…   

I recently reconnected with a former classmate, Brian Berghefer. Brian and I were friends throughout grade school even though I was the fraidy-cat introvert and he was the good-humored extrovert. Brian was always respectful to me, unlike many of the other kids.

Soon after we connected on social media and he learned about my book Reclaiming Lives: Pursuing Justice For Six Innocent Men, Brian was kind enough to purchase a copy. I received an email from him shortly after he finished reading it. I felt Brian’s words needed to be shared because not only do they speak volumes about the steadfast nature of Brain’s character but they also convey the public outrage I hoped to rouse as a result of writing this book.

Thanks Brian, for these encouraging and deferential words. It’s feeling like old times, my friend…

Hi Joan,

I just finished your book. It’s the first book I have read in probably 17 years and my first impression is WOW!!

First of all, I cannot believe the raw deal these six men got. I know our system is flawed but not as totally corruptible as what was allowed to happen in GB.

What is it with mid-Wisconsin with these cases where people are railroaded by the system, i.e. The Monfils case and the Avery case? Does this happen elsewhere with such frequency?

Tom Monfils, Dale Basten, Michael Johnson, Michael Hirn, Reynold Moore, Keith Kutska, exoneree Michael Piaskowski                                    

Secondly but most importantly is your taking on the task of seeing these men find justice and your resolve and tenacity in completing the task! Knowing somewhat of where you come from, if someone had told me someday you would be an author I would probably have dismissed it, knowing what a shy and quiet person you were. But now finding your voice through such a noble cause is very refreshing and I applaud your commitment to these men and their families and I wish you well in this endeavor. I only wish I had your ability to commit so totally to a cause.

You have created another believer in me as I sort of remember the case. But it happened when I was working on the Lakes so I never really paid attention and all but forgot about it. My wife who lived in GB at the time barely remembered it (as have many) till I started following you and your progress and reading about the sham investigation. The travesty brought on by it is repugnant and should be to any American who discovers it!

I believe your book is just the tip of the iceberg in waking up public interest and hopefully you can get a major network to join your fight and spread the word creating a broader groundswell of interest. I believe that through persistence, you and fellow Truth Seekers will prevail. I only pray that it comes soon for these men and their families!

Sincerely,
A Very Proud Friend
Brian Berghefer

On an extremely sad note, Brian passed away unexpectedly on Tuesday, November 6, 2018. We never had the chance to see each other one last time in the UP of Michigan, where we grew up together. RIP my friend.

Brian Berghefer 1958 – 2018                                                            (Photo courtesy of The Daily Mining Gazette)                                                

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