Tag Archives: wrongful convictions

Deferential Observations…   

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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. I never got the chance to see him 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)                                                

Purchase my book through Amazon.

You may also purchase a signed copy (via paypal) on this website.

 

Highlights of an Injustice…   

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After a lengthy absence from my blog, I’m pleased to a present this condensed version of my upcoming book ,Reclaiming Lives; Pursuing Justice for Six Innocent Men, which was published last week on The Reporter’s Inc. website. Special thanks to Mark Saxenmeyer for this promotion and for producing the documentary, Guilty Until Proven Innocent, which will highlight this specific case when completed (date TBD).

My book which will soon be published unveils new efforts to seek justice for the five remaining incarcerated Wisconsin men convicted in 1995 of murdering Tom Monfils. It lends insight into the devastation that followed these convictions especially for the family members also victimized by a sometimes unjust criminal justice system.

With an astounding 2.2 million prisoners in the U.S. and an alarming 4-10% (88,000 to 200,000) of them being potentially innocent, the book also begs for broader discussion on prison reform to include those wrongfully convicted–a conversation that many of us feel is long overdue.

I learned of the Monfils case in 2009 when I read another book called The Monfils Conspiracy; The Conviction of Six Innocent Men, coauthored by John Gaie and Denis Gullickson with the help of exoneree Michael ‘Pie’ Piaskowski. At the time, I knew nothing about being falsely accused or the possibility of being convicted for a crime I did not commit. Since then, the idea that everyone in prison claims to be innocent has taken on new meaning for me because the fact is; many in prison really are innocent.

In the meantime, legal efforts regarding this case continue in the court system. Recently, a petition for a writ of certiorari; a document asking the high court to review the decision of a lower court, was filed in the U.S. Supreme Court by Steven Z. Kaplan from the Minneapolis law firm of Fredrikson&Byron, PA, on behalf of Keith Kutska. This court is in recess until October so a ruling of whether or not the court will consider examining the case will not be announced before then.

The main points of this latest petition:

  • The accuracy and conclusion of the coroner’s report
  • Trial counsel’s failure to consult a forensic pathologist
  • Post-conviction counsel’s failure to consult a forensic pathologist
  • Defense counsel’s failures to investigate suicide
  • Defense counsel’s deficient and prejudicial representation
  • Due process violations and perjured testimony

 

Lastly, I wanted to share the Mother’s Day card my son, Jared, designed for me this year (2017). It contains a photo he took along with a poem he composed with words and phrases taken from my book. Best card ever!

Update: Book was published in June, 2017 and has won three book awards.

A Note of Thanks…

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Blaine High School. (Photo courtesy of BHS FB page) 

Hello Blaine High!

I’m posting a brief note to recognize and thank the amazing students we met from the three Criminal Justice classes at Blaine High School this past month.

In our mission to highlight wrongful convictions we are proud to educate young adults like you because you represent the future. You will lead this country and based on your prior experiences and knowledge, you will be the ones making the hard and important decisions for us all. Johnny and I appreciated your questions, your willingness to listen, and your patience as we navigated together through a disheartening topic–discussing your impressions of the Monfils case, aspects and flaws of eye-witness identification, cross-racial identification, and forensic science. We were especially touched by and will always remember the personal stories some of you shared as well.

Most of all, we are honored to have met you and we hope the information we presented will be useful as you build your futures. We invite you to stay connected and follow along as the legal process in the Monfils case continues. Please feel free to reach out to us through this site with additional questions and comments.

We’d be remiss if we didn’t also thank teachers, David Bestul and Lance Pettis for inviting us. Awesome teachers like you enhance the education of your students by providing an array of topics from multiple viewpoints.

Best wishes to all and may justice carry you through the toughest of times.

Sincerely,

Joan and Johnny

In-class presentation. (Photo courtesy of Michelle Richardson)