Tag Archives: wrongful convictions

Riding the Freedom Train…

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What promises to be an historic evidentiary hearing starts in four days on Wednesday July 8th, 2015 at the Brown County Courthouse in Green Bay, Wisconsin. I’m reposting this blog as a reminder of the noble efforts involved in bringing it thus far. On this U.S. Independence Day may we see its meaning come to fruition in a slightly different context…

Also at the end of this posting are two recent news stories from the Green Bay area that aired in the past week in anticipation of this hearing.

Original Post:

All aboard! Hop on to the freedom train! We’re on a roll! Motions to request an evidentiary hearing for one of our men have been filed. Time for the wheels of justice to start spinning in regard to the two decades old Green Bay, Wisconsin wrongful conviction case.

Thinking back to what seems like eons ago, my mind conjures images of sitting in my family room with my investigative expert friend and colleague, Johnny Johnson. Often we’d chastise ourselves over some failed plan of attack or the fact that we had absolutely nothing in the works to help bring justice to these men. Now, after many downed cups of green tea, legal actions have refueled our enthusiasm. We used to say, “What the hell are we going to do now?” or “Who in Heaven’s name are we going to approach?” Now our thoughts have evolved into, “Wow, can you believe how far this has come?” or “What’s on the docket for today?” We will never forget how we arrived at this juncture. We came on board at a time when all hope was gone. We didn’t know how this adventure would play out. We only knew that together we were going to make something positive happen for these men and their families.

Our determination will never bring back the time lost to these victims or lessen the devastation that has followed. But what has transpired in a relatively short period of time is viewed as a miracle. When I commended our lead attorney, Steve Kaplan on a job well done in a recent email, his response was one of reflection. He stated, “Nothing happens without the efforts and commitment of everyone.” Johnny and I do our best to illustrate that wisdom on this path to truth and justice. 

The latest advocates to join us are Ted Haller, an in-depth news reporter/attorney, and his conscientious and thoughtful cameraman, Josh Grenier. Both have provided a public platform that will carry this story far and wide. They invested an enormous amount of time and energy into their amazing news story which aired on April 26, 2015 on KMSP-TV in the Twin Cities. 

We also just learned that an evidentiary hearing has been granted for Keith Kutska. His three-day hearing is scheduled to start on July 8, 2015 in Brown County (Green Bay, Wisconsin). Steve Kaplan will be there to act as Keith’s lead legal counsel and you can be sure a whole trainload of us will be there to support him. I cannot tell you how many times we’ve hoped for this day. The law firm will finally be able to share the evidence that supports the innocence of these men. For Keith Kutska, Rey Moore, Mike Hirn, Mike Johnson, Dale Basten and finally Mike Piaskowski (exonerated 2001), having the truth revealed about what really happened in this egregious case is long overdue. People can say or feel however they want about this controversial case but for the rest of us, nothing can ever compare to the satisfaction we’ve received in knowing we had a hand in the overall series of events. The wealth of emotions felt in our hearts as freedom moves forward is indescribable.

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‘Hope’ acrylic painting by artist/writer, Jared Manninen. Painted for and given to exoneree Mike Piaskowski in 2010 

Fox 11 Green Bay

Green Bay Press-Gazette

The men are hopeful but anxious. My letters to them reiterate the idea that we cannot have come this far only to fail now. My husband Mike and I will be attending the hearing. The plan is to take notes and summarize the entire proceedings via my blog.

Stay tuned…

Life Lines…

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A few years ago, Mike and I completed the requirements to visit some of the five Wisconsin men in prison. But we didn’t follow through with the visits just yet. This was noticed by my friend, Kathleen, while reading an article about my mission. During that time Kathleen’s son was in prison on a drug charge and she understood how important it was to her son that she go to visit him. I ran into Kathleen after she had read the article and she asked me, “Why have you not gone to visit these men? It means so much to have that outside contact.” It sparked shame within.

First of all, it was not a quick process to get onto a prisoner’s visitor list. This involved contacting the men, having them request the necessary forms, and then mailing them to me. When I had first received them, I filled them out and sent them to the appropriate address. The men then received confirmation that we were approved for a visit.

But having our names on their list took away from the possibility of obtaining other prospective visitors. An inmate can only have 10-12 people on their list at any given time. We simply dismissed the fact that this process had inconvenienced and disappointed them. We should have been more thoughtful about the intent.

I considered what Kathleen had said and I broached the subject once again with my husband, Mike. I was grateful for his concern over me going alone to a prison, and his thoughtfulness toward my feelings when he agreed to go with me on these visits. I initiated the process once again. We decided to start with one visit and see how it went. We made it through the approval process again and received confirmation to visit Keith Kutska. Now it was time to follow through.

Celebrating his sixty-fourth birthday this year, Keith has spent approximately one third of his life in prison. Through Keith’s revealing letters over a four-year span, we felt we knew him well and we both looked forward to meeting him. Saturday, February 21, 2015 was the big day. We we both felt anxious about going to the prison after reading the endless restrictions regarding dress code and the dos and don’ts listed on the instruction sheets that came with the visitor forms. Who wouldn’t be? We decided to use the two and a half hour drive time wisely, to mentally prepare for the experience. We decided we’d make it a positive one.

We entered a small building and were greeted by a guard who was helpful with explaining the procedure. We soon felt at ease and even exchanged light banter with him. We put our belongings into a small locker and returned to the receiving area. We then passed through the metal detector. We understood these ones were highly sensitive and had heard stories of people who’d been denied admission after failing to pass through the detector without setting off the obnoxious buzzer. You had three chances before being denied access. We were successful and breezed through on the first try! The guard even commended us. We were in!

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As we walked to the next building where the prisoners were housed, I don’t remember feeling especially frightened or worried even when hearing the loud clanging of the doors as they unlocked and re-locked behind us. We slowly navigated our way to the visitors lounge and upon arrival, I marveled at how normal everything and everyone looked. Each table was occupied by one prisoner in drab green garb and the family members and/or friends that had joined them. According to the instruction sheet, as many as 12 individuals could visit during one session. Although restrictions about touching were clearly stated on the instruction sheets, children were sitting on the laps of the inmates and we saw lots of hand holding. The atmosphere was as normal as any gathering place on the outside, and we were pleasantly surprised at the relaxed feeling in the room.

I stepped up to the desk where a guard was sitting. “You’re at table number seven,” he said to us. Mike and I sat, observing our surroundings. After ten minutes, Keith entered a far door. We recognized him at once. We immediately waved to him. He waved back and motioned to us that he had to show his badge to the guard at the desk. When he approached us, we shook hands and embraced. As we sat, Keith’s face beamed. But he didn’t try to hide an overwhelming bout of emotion that followed. Tears formed as he spoke about a February eleventh visit with Steve Kaplan, his new attorney. Steve had visited Keith on the same day as I had attended an exoneration hearing for Mario Victoria Vasquez in Green Bay. During their visit, Keith and Steve had lightheartedly discussed concern over my bold presence at the Courthouse, given my public role in the Monfils case. But Keith was deeply touched by my support for Mario. I hoped Keith could see he was not alone on this sentimental journey and that we shared the emotions he felt. There was much to gain from this friendship. Knowing Keith gave us valuable insight into the perseverance of the human spirit. I felt that ours was and is a bond strong enough to transcend time.

As expected, Keith was not shy and our conversation never waned for two hours; the amount of time allotted for weekend visits. In that time, we covered everything from current activities in the Monfils case, Mario’s exoneration, politics, human behavior, the stars, my latest writings, more human behavior, and the future. Both Mike and Keith had many common interests. At one point, I sat silent as they solved every problem imaginable between them. Once in a while I was able to insert a thought or two into the conversation. I even managed to divert their attention long enough to have photos taken! I chided Keith for not smiling in this photo but he laughed and said, “I’m a prisoner, I’m not supposed to smile.”

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Mike and Joan Treppa with Keith Kutska. (Photo courtesy of Jackson Correctional Institution)     

The guard stopped by to inform us we had five minutes left. It was then when Keith said things that will always stay with me. As tears fell he said,”Between the span of time in 2010, when the Wisconsin Innocence Project had failed to secure a new trial for Reynold Moore and the onset of legal representation by Steve Kaplan in 2013, your letters had kept me alive.” My heart sank. I was speechless. Keith continued and reminded us that the letter in my birthday card to him two years ago had contained the announcement about the law firm getting involved and that he would once again have legal representation. It was just then that I remember comparing Keith to a big cuddly teddy bear; one that is typically a source of great comfort. However, this one was in great need of solace. How desperate I was to provide that for him. But according to his admission, it became apparent that I already had.

Keith’s emotional demeanor was and is a glaring expression of what these travesties of injustices can do to the toughest of souls. Witnessing the wasted years behind bars for a crime that never happened left me feeling angry and more determined than ever to see this mission through. Kathleen was correct in her assertion. Throughout this entire journey, it never ceased to amaze me the importance of reaching out to others and how little effort it actually takes to provide a simple but much needed connection or life line, no matter the situation. Any act can seem insignificant to us but can hold great value to its recipient/s, more so than one could ever imagine.

Here’s a ninety-minute interview on blog talk radio from Feb 25, 2015.

 

A New Chapter…

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Meeting someone who’s been in prison for a crime they did not commit is very humbling. But observing within them, an attitude more positive than many of us not affected by our judicial system, is surprising…and noteworthy. Mario Victoria Vasquez is such a person. He is conscientious, thoughtful, kind, patient and grateful for his new found freedom and for the outpouring of support he has received through his terrifying ordeal. Mario is also proud. He harbors anger because of what happened to him but he does not let it dominate his overall temperament despite these past circumstances…

“On February 5, 1998, the parents of a four-year-old girl took her to the St. Vincent’s Hospital in Green bay, WI because she had been complaining for two days of pain while urinating. The girl told a nurse that “Mario” had touched her. Based on a physical examination which revealed sores and vaginal irritation, hospital staff determined the girl had been sexually assaulted. A swab was taken and tested positive for genital herpes. The girl’s mother believed she was referring to 34-year-old Mario Victoria Vasquez, the babysitter’s brother-in-law who lived at the babysitter’s house. However, the uncle had disclosed to authorities that the girl sometimes referred to him (the uncle) as “Mario”. A Green Bay Police Detective questioned the girl alone. According to him, she volunteered that she had been touched by her uncle, father and babysitter’s husband as well, but on February 6, 1998, Vasquez was the one arrested and charged with first-degree sexual assault of a minor. Tests were never performed to determine where the disease originated from and the defense counsel was negligent in requesting that an expert be called in to debate; (a) the validity of the testimony of a four-year-old; (b) her obvious confusion of the facts throughout the process, (c) evidence of interviewer bias.  

Mario had served close to seventeen years of his twenty-year sentence, all the while, maintaining his innocence. He was unexpectedly released from prison on the evening of Friday, January 30, 2015 after a hearing earlier that day to request a new trial. The assault victim, now an adult, had finally come forward to disclose who her true assailants were.

Although this was reason enough for Mario to celebrate, the circumstances surrounding his actual release were not. Mario walked out of the Brown County jail in the middle of a chilly wintry night…alone. He was equipped with inadequate clothing–a light jacket, no hat or gloves, and no means to contact a family member to pick him up. He was forced to go back into the jail to ask if he could use their phone. It was sheer luck that he remembered his son James’ phone number.

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Exoneree Mario Victoria Vasquez and Joan Treppa 

Up until the present, I had only known Mario through letters. We had corresponded since August of 2013 because of a conversation I had with his ex-wife, Darcy. Both Darcy and my sister, Clare, are friends who live in Green Bay. Darcy became upset one day while the three of us chatted at my sister’s house after I brought up my recent involvement in the Monfils case. “I cannot be concerned over that case when no one cares that my ex-husband, Mario, also sits in prison for a crime he did not commit.” she said. “Tell me about him,” I said. Our conversation prompted me to start writing to Mario.

I told my sidekick, Johnny, about this case. He did an investigative evaluation of the facts. He then confirmed that Mario’s case was fraught with the same kinds of issues and inconsistencies as in the Monfils case. He found out that the same prosecutor and assistant DA worked on both cases within a few years of each other; a connection that sent up huge red flags. Mario was already under the guise of the Wisconsin Innocence Project (WIP) by then, though he felt discouraged because of how long it was taking to get his case through the courts. I encouraged him to give them time and assured him that they were doing their very best for him.

The essence of Mario’s letters embodied the utmost respect for others. He struck me as an educated and well-versed individual. I sensed he was hard working and motivated to continue on with a productive and meaningful life. He maintained integrity despite his tragic misfortune. His letters were similar to reading poetry. In them, he shared acts of kindness toward other prisoners through mentoring and friendship. The more I learned, the more I wanted to meet him. 

On the evening of Tuesday, February 10, 2015, I came face to face with my pen pal. For a moment, Mario and I stood there, staring at each other as though this was a dream. We marveled at the ability to share a handshake, a joke, laughter, tears and a hug. Still, Mario’s fate hung in the balance. A hearing was to be held the following day to determine whether or not this nightmare would be over. Although I was optimistic, Mario would not be at peace until he received word from the Judge that he was absolved of all charges. There was an edginess in his temperament and I did my best to grasp what he was feeling. I reassured him that no matter what, I would stand by him.

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A Family Reunited; Darcy, James and Mario 

My sister, Clare, hosted this informal gathering of close friends and family on Tuesday evening. Darcy, their son James, and James’ girlfriend, Sarah, were present. It was the first time this family had been together since Mario was charged in 1998. We all savored the moment…that evening…this miracle.

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Exonerees Mario and Mike “Pie” 

Also invited to this special gathering was Michael “Pie” Piaskowski, the exoneree from the Monfils case, along with his girlfriend, Teresa. Mike Pie and Mario became fast friends. They sat together, sharing individual stories with eerie similarities. Many emotions were felt that evening; anger, sadness, and disgust for a system gone awry. But we focused on new possibilities and a brighter future for Mario, Mike Pie, and for the many innocent people in prison who have yet to be vindicated.

WIP attorney's Cristina, Katie, Kyle and Curtiss

Mario (center) with WIP Attorneys; Cristina, Catie, Kyle and Curtis 

The next day, the hearing for Mario commenced at 1:30 pm in room 200 of the Brown County Courthouse. Cristina Borde, Mario’s lead attorney from the WIP, had mentioned the proceedings would be brief so we arrived early. Mike Pie, Clare, Darcy, and I waited in the hallway with approximately twenty-five of Mario’s family members. Excitement grew when the innocence project team walked in. Their presence lent a sense of comfort and excitement similar to the climax of a tense western film when the cavalry arrives on the scene to save the day! Mario was ecstatic to see all of us. This was his moment. We were his bravado!

We all entered the small courtroom. We sat and waited. In walked the former Brown County Assistant District Attorney, Larry Lasee, with a sour look on his face. He kept his gaze lowered as he sat in his designated chair. He began scribbling furiously on the notepad in front of him. We rose and settled in again after Judge Hammer entered. Cristina rose and began by defending Mario’s innocence. Mr. Lasee clarified his view in regard to Mario’s absolute guilt. He then added that the DA’s office would not be pursuing a new trial in this matter. The Judge displayed a puzzled look and defined the series of events prompting this hearing; that Mr. Lasee had, in fact, interviewed the witness, now an adult, who disclosed the true identities of two perpetrators! I could not make out the muffled response by Mr. Lasee but I had heard all I needed to. It was clear. There would be no more prison time for Mario. He would be free to rebuild his life.

The last thing we heard was what we, as supporters, had hoped for. The Judge looked at Mario and said,”Mr. Vasquez, you are free to go.” We clapped loudly as Mr. Lasee quickly found his way to the door. As he slithered through it, I thought, “Good riddance,” and dismissed him altogether before devoting any more of my energy on his misdeeds. Now was the time to focus on Mario and on the difficult road ahead. It was exhilarating to think that what had started on paper for the two of us was about to continue on with a new chapter in living…

Note: Eight months after Mario’s exoneration hearing, I was with him in front of the Brown County Courthouse one pleasant October afternoon as we prepared for an annual Walk for Truth and Justice. We happened upon Mr. Lasee as he walked up the sidewalk toward us and the building. Mario addressed him and pressed him about the lack of action taken in this case. “Mr. Lasee, are you going to arrest the two men who abused that little girl? You know who they are.” Mr. Lasee’s response was brief. “I cannot discuss that,” he said as he quickly made his way to the front door. And in a defeated tone, Mario shared his deepest suspicions and most dire concern for the then little girl. “I know for a fact that the abuse of this little angel continued for many years after I was convicted.”

Mario on The National Registry of Exonerations.

Post-Crescent article.