Tag Archives: social justice

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.

Order a signed copy of my book via this website or from Amazon.

Youth=Our Future

A Happy New Year to everyone!!

On Thursday, December 21, 2018 I was scheduled to do a presentation for students in two of Mr. Lance Pettis’ Criminal Justice classes at Blaine High School. As I approached the school entrance, I recalled the warm reception my trusted partner; retired crime scene expert John Johnson, and I had received from the previous year’s classes. We were delighted by their interest as we navigated through a foreboding overview of wrongful convictions.

Doing a similar presentation on my own this year, I hoped to again achieve the same level of interest. I arrived equipped with a new PowerPoint program I put together that provided an informative pictorial presentation for them.

BlaineHS-2

Johnny and me last year discussing the Wisconsin Monfils case 

Prior to visiting these classes, I asked Mr. Pettis to give the students an assignment; to read the entire second chapter in my book, Reclaiming Lives. The chapter titled Tragedy in Titletown is one of the longest, filling sixteen pages. It’s a detailed summation of events leading up to the 1992 death of mill worker Tom Monfils in a Green Bay paper mill and the convictions of six innocent men two and a half years later. Having the students read this chapter allows me to focus on other important aspects such as some of the leading causes of wrongful convictions, i.e., perjury or false accusations, false confessions, false or misleading forensic evidence, and government misconduct. I then indicate how some of them affected the outcome in the Monfils case and disclose the new evidence that has since come to light.

It’s a lot of information to take in so at about the halfway point of the presentation, we take a short breather and have some fun. This is also when we get to the last of the main leading causes of wrongful convictions; mistaken identification. I test the student’s ability to accurately identify the true perpetrator in the example below and then I watch their reactions as I disclose the alarming answer. This is my absolute favorite part of the presentation because what is revealed blows their minds, which is not an easy thing to do when dealing with students! And I know that if they remember nothing else, they will certainly remember this exercise.

The police sketch in the center represents the actual image that was televised across the country in 1995. One of the photos on either side of the sketch is the correct match. The point of this exercise is that out of the current 350+ DNA exonerations, misidentification of a suspect through the use of a composite sketch is incorrect 27% of the time, according to the Nat. Registry of Exonerations. However, the results from this one reveal a much higher fallibility rate.*

                                                                                         Police Sketch 

As is typical in all past sessions, the time flew by with the students posing carefully thought-out questions during the forty-five-minute presentation. It was and always is refreshing to also hear correct answers to many of mine.

In the time remaining before the bell rang these students asked about likely motives of the authorities to convict the wrong person, compensation for exonerees, and if people’s rights are reinstated when exonerated. One thoughtful student wondered how they (as students) can be helpful in spreading the word about wrongful convictions. Another asked if I’d pose for a photo. I appreciated their positive feedback about the chapter with some of them mentioning how much they enjoyed it and how well they thought it was written.

I recently sat in my dining room with reporter, Eric Hagen, who wrote an article about my efforts for the Blaine edition of my local Life circular. I expressed the need to educate students on this topic and to prepare them before they find themselves in a vulnerable situation. I explained to him that my outline also includes a discussion about the Miranda Warning because of the importance of students being proactive and knowing their rights as citizens, should they be targeted by law enforcement.

Brendan-dassey

Brendan Dassey from the docuseries Making A Murderer

Stat for juveniles

An alarming statistic from the Innocence Project states that “65% of the juveniles exonerated through DNA evidence falsely confessed to crimes they didn’t commit.” Circumstances such as Brendan Dassey’s also suggest an increased risk of youth being wrongfully convicted because of a low IQ or being unaware that they should not talk to the police without an adult (attorney or parent) present. Research also yields that an overwhelming number of young people between the ages of eighteen to twenty-three are targeted for crimes.

Innocent people fear if they lawyer up they will appear guilty. In fact, innocent people are better served with having a lawyer present than a guilty person because for them, there’s much more at stake. And because innocent people also feel they have nothing to hide and want to be helpful by cooperating, they become more vulnerable to trickery when accusations are aimed at them. They don’t understand that law enforcement can and will lie or become narrowly focused on them despite reasonable doubt. They don’t realize until it’s too late that an interview can quickly become overly aggressive in order to speed up an investigation or force a confession. In all fairness, with officers under extreme pressure to close a case, investigations are done quickly. Mistakes get made. Rush to judgement occurs. Lives are destroyed and then seep into non-existence. Respect from those around them turns to loathing. The innocent are shunned…silenced…hidden away. And hope for many bright futures fades.

Which is why educating our youth becomes urgent…because they are our future.

To learn more about the psychology behind why people confess to crimes they did not commit, check out this YouTube Trailer of the The Confession Tapes. (A Netflix Documentary).

*Answer to exercise:

The correct answer is the photo on the right. This is Timothy McVeigh; U.S. Army soldier, American terrorist, and the Oklahoma City Bomber. He detonated a truck bomb in front of the Alfred P. Murrah federal building in 1995 killing 168 people and wounding over 600. He was executed in 2001 for this crime.

The photo on the left is my son, Jared Manninen. He was also in the military at the time of the bombing but was stationed in CA. At least half and in some instances, approximately two thirds of students and others not familiar with this case, make the wrong choice by picking his photo with complete certainty!

Could my son have been the victim of a wrongful conviction had the circumstances been different? I shudder at the thought…

I’m Dreaming of a Fair System…

  “Every child must be made aware…

               Every child must be made to care…

                          Care enough for his fellow man…

                                   To give all the love that he can…”    

–Peace on Earth/Little Drummer Boy lyrics                                                                                                           (By Bing Crosby and David Bowie) 

I’ve always been fond of this verse. Pick any time in our history and it rings as true as the day. These days, as I strive to regain composure from the devastating blow handed down from the U. S. court system earlier this year to Keith Kutska, Michael Hirn, Reynold Moore, Michael Johnson, and Dale Basten; five men victimized by a corrupt system for close to twenty-two years for a crime they did not commit, I’m reminded of Keith’s spirited and powerfully truthful words in his forward for my book…

 “…an innocent person can choose to maintain his own integrity. It is one thing the system cannot take.” – Keith M. Kutska

October 29, 1995: Keith (in background) with his attorney on the front page of the Green Bay Press-Gazette

 We all have a choice in how to live meaningful lives no matter where circumstances take us. I say, let us never disregard the powerful messages coming from the unfortunate victims of our criminal justice system who’ve been silenced but have still found the fortitude to teach integrity through example.

Homemade Christmas card from an innocent incarcerated person 

As a show of support for a handful of these victims, I write letters to let them know they are not forgotten. During this holiday season, I’m sharing one such letter I wrote recently in an attempt to keep alive, the one thing that can elevate an individual’s spirit…HOPE. Because the absence of hope can completely shatter a person’s sense of identity and in some cases, a will to live.  Without hope, all that is left is despair. And isn’t there enough of that in this world already?

Dear —–,                                                                                  12-28-2017

This is a bit late but I’m writing to wish you Merry Christmas. I’m a social justice advocate who became aware of your case through social media. I’m saddened about your situation but grateful for the support you have to carry you through the darkness. I have a number of friends who’ve been victimized by corruption within our judicial system. Some have been exonerated while others have not. I’ve learned so much about life from all of them, especially about appreciation for what I have and how easily a wrongful conviction could affect my personal life.

For the past eight years my focus has been from an outsider’s point of view of a wrongful conviction case involving six Wisconsin men. They were sentenced in 1995 to life in prison for an alleged murder that took place in 1992. I didn’t know the men or their families or even about the case until my sister, Clare, a long-time resident of Green Bay, brought it to my attention in 2009. She had met someone co-writing a book that documents all of the facts in the case. She also knew one of the six men and never believed he was party to a murder.

I eventually read the book and decided to get involved because of how ludicrous the whole scenario sounded. It was clear to me that this was bullying by the law enforcement community. Like yours and so many other cases there was no credible evidence or eyewitnesses to positively confirm that a murder took place. The entire investigation was about building a case around a suspect rather than allowing the evidence to lead them to the truth. I wrote my own book about my observations of what I saw and the similarities of this case with many other wrongful conviction cases. As a non-legal person I also disclosed my personal mission and the process of finding new legal representation for these men and why that was my only option moving forward. I self-published this year and actually won a national book award soon after. Unfortunately, although I found amazing attorneys to reopen the case, the legal process has gone south due to politics and the established ties to the case in the higher WI courts. However, one of the six men was exonerated in 2001 which gives me hope that the others also have a shot. So my intent to find similar relief for them remains steadfast.

On this journey I’ve learned the importance of writing to the men. I understand how much it means to anyone behind bars, especially those incarcerated for crimes they did not commit, to have a link to the ‘outside’ world. So here’s my contribution to the writing campaign set forth by those representing you. It is also a tribute to the vast need for more folks to get involved in this issue or something equally important rather than merely complaining about the ills of the world. I am hopeful that this and the message of how destructive wrongful convictions are to our society also becomes an adequate example to follow for those who read my book. 

                                                                                                 Best of wishes to you, my friend.

                                                                                                                             Joan

 

All the best to all of you this holiday season and throughout the New Year!