Tag Archives: social justice

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.

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.

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!

Tales of Despair and Injustice at UntitledTown…

It’s been an exciting and fulfilling year since the June 27, 2017 release of my book Reclaiming Lives: Pursuing Justice for Six Innocent Men. This book recounts how those of us armed with a compassionate disposition and deep sense of duty, began a necessary campaign for justice on behalf of the six Wisconsin blue collar workers convicted of murdering fellow paper mill worker, Tom Monfils.

Book has won three national book awards since it was published in 2017

2009 book signing with (LtoR) John Gaie, Clare Martinson, Michael Piaskowski, Joan Treppa, and Denis Gullickson

This all began with another publication that details the case in a 487-page book titled The Monfils Conspiracy: The Conviction of Six Innocent Men. This book was published in 2009 by three Green Bay area residents; author Denis Gullickson and researcher John Gaie with the help of mill worker and exoneree in the case, Michael Piaskowski. Together they sifted through and documented laundry baskets full of information; a project that took eight years to complete. 

The book questions the guilt of all six men and proposes a possibility that the victim, Tom Monfils, may have committed suicide; an idea that should have been but was never explored during the 1995 trial.

The years since 2009 prior to publishing my book prompted many trips back and forth from Green Bay, Wisconsin to Minneapolis, Minnesota for collaborative purposes. Those trips have not slowed one bit. The miles have, in fact, increased since I published because of the generous reception my book has received from the literary community in Brown County—the same county (with Green Bay being the county seat) where the trial took place. Good fortune has surfaced through soliciting book fests and fairs and being picked up by libraries that are embracing the premise of my book which is much more focused on the everyday folks working behind the scenes and the untold stories of the families of the convicted men.

However, although I do not claim to be an expert on either the Monfils case or on the topic of wrongful convictions, this article from the July 1, 2018 Green Bay Press-Gazette deems me as a less than qualified social justice advocate on a mission to help these men gain their deserved freedom. It quite possibly goes as far as to suggest that any and all folks calling themselves social justice advocates are inept or simply bored with nothing better to do to occupy their time. But it doesn’t take rocket science to recognize common deficiencies in all wrongful convictions. Government misconduct, Brady Rule violations, the use of jailhouse informants, and the prevalence of ineffective assistance of counsel are all aspects that make significant and unfortunate impacts on people’s lives. Because of how prevalent these deficiencies are in the Monfils case, I feel confident that all of the men in question are completely innocent. I also strongly believe that an actual crime never even occurred.

I’m not usually timid or shy but the introvert in me experiences apprehension when I’m asked to speak in front of groups—large or small—which comes with the territory of being an author. But the benefits outweigh the negatives and provide great satisfaction in knowing that I’m doing my best to make a difference for others. Going beyond what feels comfortable is necessary because real justice was never achieved for those who lost a beloved family member and because of the pain and anguish that is still plaguing the families and close friends of the six men. Being aware of how uneducated the general public is about this case and about how the criminal justice system completely failed an entire community, is another motivating factor to get the correct facts out into the open.

As a participating author for the UntitledTown Book and Author Festival in Green Bay on April 21, 2017, I was given an amazing opportunity to share more recent developments of this case right in the heart of where it happened between 1992-5. My hour-long presentation took place at the Neville Public Museum in Downtown Green Bay.

Highlighted in my presentation were the most egregious flaws of the case and exceedingly plausible evidence discovered during a more recent re-investigation of the case by a well-respected Minneapolis law firm now working on the case Pro Bono. I explained that by omitting this crucial evidence, damaging biases were directed at six men; Keith Kutska, Dale Basten, Michael Johnson, Reynold Moore, Michael Hirn, and Michael Piaskowski that ultimately sent them to prison for life. The audience heard how their rights were trampled upon when none were given the option of having their own individual trial. They learned how powerless these men were to avoid becoming pawns in an unfair game that would drastically alter the course of their lives and the lives of their families. I shared a belief that the strategy of a joint trial was designed to confuse the jury and that the State knew they had insufficient evidence to support their so-called murder theory. I stressed the State’s inability to come up with exclusive charges that proved each of the men had specific roles in a fabricated “bubbler” (water fountain) confrontation. It is the belief of many who study this case that the State banked on throwing what evidence they could come up with at the jury to see what would stick.

Unfortunately that strategy worked, as is apparent in this admission by one of those jurors years later: “It was too much to process and too easy to just make the same decision for all of the defendants.”

Much of what I shared originated as new evidence at an evidentiary hearing in 2015. Its purpose was to request a new trial for Keith Kutska; the State’s main suspect. However, this new evidence was not convincing enough for the State of Wisconsin which concluded in one of its reply briefs that “The mere fact that twenty years after this conviction Kutska has dredged up evidence that was not presented at his trial, is not a reason to give him a new trial.” They said overall, the evidence provides no real proof that a jury would have reached a different conclusion had they heard it back then. And so far, higher courts have agreed with them as all appeals that have been filed in succession since then have, so far, been denied.

Brown County courtroom during 2015 evidentiary hearing 

But I and others respectfully disagree. When considering the new evidence—especially in regard to the specific knots on the rope and weight that were found on the victim—it’s easy to conclude that this death resulted in suicide.

To illustrate my point I invite you to compare the two images below. The top one is a diagram of a two half-hitch knot used in Coast Guard training. The bottom photo is of the actual rope and weight found on Tom Monfils’ body. The similarities of the knots cannot be dismissed. Furthermore, Retired Coast Guard Seaman George Jansen identified the actual knot as a two half-hitch knot during the 2015 hearing. This detail becomes very significant when we learn that Tom Monfils had been in the Coast Guard but none of the six men had. Another factor never mentioned during the 1995 trial is that when Lead Detective Randy Winkler sent the knots to the crime lab, they recommended he send them to the Coast Guard because they determined that the knots were nautical ones. Detective Winkler failed to adhere to this recommendation and the information was cast aside as irrelevant. I find it difficult to believe that the jurors would not have thought there was reasonable enough doubt to reach a different conclusion had they heard these specific pieces of information.

 

Photo courtesy of John Johnson

A large part of my slideshow was dedicated to analyzing the so-called confrontation near the “bubbler” and pointing out what a logistical nightmare it would have been to carry out. I stressed how unlikely it would have been to then keep this evil deed under wraps even though it supposedly happened in a very visible and well-traveled area within the mill. And to believe that all of these men and fellow mill workers alike stay silent about it to this day…is simply ludicrous and goes against the wisdom of Benjamin Franklin who said it best: “Three can keep a secret, if two of them are dead.”

At the museum, my designated space—a small room located down a long hallway—quickly filled to capacity. Equipped with 40 chairs, more were brought in to accommodate attendees that continued to arrive even after the program began. A cameraperson from the local news outlet WBAY Channel 2 in Green Bay arrived with mere minutes to spare before I was scheduled to begin, to do a quick interview. My sister, Clare, handed out flyers to the audience during that time.

This very brief news story was featured on the 10:00 news later that evening.

As is typical of my presentations, interviews, etc., the first minute or so is a struggle until I get my bearings. But the audience was kind. Respectful. And though many of the faces were familiar, many were not. I felt acceptance as all eyes focused on the large screen in front of them which projected photos and information carefully chosen for this local crowd that was very familiar with the case. They listened intently…like I had done on a memorable day back in 2009 when John Gaie first shared his tragic and horrific tale of injustice in my living room.

The room was quiet save for the sound of my voice and heavy sighs as a dismal tale of despair and injustice unfolded. Until the very end, no one indicated an urgency to leave. The audience continued to ask questions until it was absolutely necessary for me to pack up and make room for the next presenter.

I was grateful for this opportunity to explain to these folks why we cannot allow this injustice to continue, why we cannot forget about these men, and why it is imperative that they be granted immediate release.

Watch a 20-minute segment of my presentation on YouTube.

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