Tag Archives: wrongful convictions

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.

Survivors and Heroes = True Champions…

“This looks like the place,” I said to my husband, Mike as we hurried to the entrance of the Giddens Alumni Learning Center on the Hamline University campus in St. Paul, Minnesota. I was feeling anxious because we were running late for a screening of the wrongful conviction documentary True Conviction.

According to the trailer we viewed online, the film tells the story of how three Texas exonerees; Christopher Scott, Steven Phillips, and Johnnie Lindsey1 combined forces to form a new detective agency based in Dallas, TX called House of Renewed Hope. Founded by Scott in 2010, the main focus of this non-profit organization is to help other wrongfully convicted prisoners.

Exonerees Johnnie Lindsey, Christopher Scott and Steven Phillips. (Photo used with permission from Independent Lens PBS)                      

Since becoming advocates for the wrongfully convicted, Mike and I have acquainted ourselves with both the courageous survivors of an imperfect criminal justice system and the everyday heroes working tirelessly to correct its many flaws. That evening, Thursday, April 19, 2018, we were about to meet Christopher Scott, one of those true champions who inadvertently dangled on both sides of that fence. After having been targeted, convicted, and exonerated for a crime he did not commit he began a crusade to help others achieve the same ending. He simply couldn’t forget the ones he knew about that had been left behind in prison.

Christopher and I connected on social media before this event was publicized and I was thrilled to learn he was the guest of honor. Being among the last to arrive at the theater-like room—now bustling with people—I hoped we didn’t miss our chance to speak with him before the film started. Sometimes it’s difficult to find the opportunity as an evening progresses and I worried about delivering a special gift to him that I had brought along.

I scanned the room as we descended the stairs. I spotted Christopher sitting by himself and not currently engaged in conversation. “Looks like we’ve arrived in time to introduce ourselves,” I told Mike.

On our way over to where Christopher sat, we said a quick “hello” to M Sheridan Embser-Herbert, director of the Hamline University Center for Justice and Law who was hosting the event. Standing near Christopher were the Innocence Project of Minnesota’s executive director, Nick Vilbas and the Project’s legal director, Julie Jonas.

Nick Vilbas, M Sheridan Embser-Herbert, Christopher Scott and  Julie Jonas (Photo courtesy of the Innocence Project of Minnesota)           

Christopher appeared relaxed as we approached. When I extended my hand to shake his, he sat tall and smiled while returning the gesture.

“Hey Christopher, I’m Joan,” I said. You and I are friends on twitter.”

Christopher’s face lit up and in a distinct Southern drawl he said, “I enjoy our twitter conversations.”

The three of us chatted for a few minutes. I then retrieved a copy of my book Reclaiming Lives from my handbag. “Here it is,” I said to Christopher. “And check out the sticker on the cover. I won a national book award.”

Christopher was grateful for the gift and said, “I’m definitely planning on reading this during my flight home.”

The film was about to start so Mike and I quickly found a pair of empty seats in the row behind and kitty-corner to where Christopher was seated.

The documentary—which aired on the Independent LensPBS program on April 30th—takes the audience on a deeply personal journey of the friendship, commitment, and heartache this trio had experienced. In addition to highlighting the work of their organization, the film reveals the circumstances of each of their wrongful convictions. Christopher’s roots and the repercussions of his absence which presented new and ongoing challenges for his family, are also emphasized in this highly emotionally charged film.

Christopher’s story: Christopher’s troubles began in 1997 when he wound up in the wrong place at the wrong time while driving to a friend’s house in a Dallas neighborhood. A robbery and fatal shooting had taken place that night, somewhere in the vicinity. There was a lot of commotion on the street with squad cars hugging the side of the road and flashing lights engaged. Police officers in the area were on high alert, looking for suspects. As Christopher cautiously drove by, he wondered what had happened. And he realized as he turned the corner that a squad car with its flashers on had pulled up behind him and started to follow him. Christopher reached his destination. While inside his friend’s house, more squad cars showed up and officers surrounded the house. Christopher and his friend were asked to exit the house and lay down on the ground out front. Numerous suspects were brought to the same location and asked to do the same. Christopher was eventually singled out as a person of interest even though his clothing didn’t match the description of the clothing the perpetrators wore. Nevertheless, he was taken to the police station for questioning, handcuffed with his hands behind his back, and placed in a room by himself. A woman appeared with an officer that Christopher recognized as the one who had brought him in. The officer asked the woman if Christopher was the man who had killed her husband. She confirmed that he was.

Christopher was charged with murder and after an eight day trial, received a life sentence. It had been that easy to take an innocent life and turn it into a hellish nightmare.

During the film, I glanced over at Christopher on occasion to observe his reactions to the tragedies that unfolded before us. Each time, I saw tears in his eyes. I guessed that the drive…strength of character…and courage of this man along with an ability to show compassion and empathy toward others—all of which were aptly portrayed in the film—were rooted in the pain he was now feeling as he relived those moments.

(Photo courtesy of the Hamline University Center for Justice and Law)              

After the film, Christopher spoke to the audience and kindly mentioned my name when expressing his appreciation for the support he received that evening. During an interactive discussion that followed, many in the audience expressed their dismay about what they had witnessed, the many lives torn apart, and how widespread the corruption within the criminal justice system is. One woman shared a personal story about her son’s recent wrongful conviction. This spurred a conversation about term limits, elections, and how judges and prosecutors are too easily re-elected especially when they run unopposed. Also mentioned was the despicable lack of accountability of these officials when findings of unethical and unlawful practices—blatant disregard for the law—are exposed.

Exoneree Christopher Scott with Joan and Mike Treppa                                       

Mike and I did get the chance to speak with Christopher at length afterward. I remarked, “You didn’t have a dry eye the entire time, did you?”

“No, I didn’t,” he admitted. “This stays with you,” said Christopher of his experience. “And I don’t expect it will ever go away.”

Also joining the conversation was Mark Saxenmeyer, CEO of The Reporter’s Inc.; a Minneapolis based journalistic production company promoting social change and justice through multimedia storytelling.

“Mark is producing a wrongful conviction documentary called Guilty Until Proven Innocent,” I told Christopher.

Mark went on to explain that this film is still in production. “Ours will run as a series and focus on a number of wrongful conviction cases from across the country,” Mark said. “And the Wisconsin Monfils case will be featured in this series.” .                

Ironically, 2009 was a pivotal year for Christopher…and for me. He had been declared “actually innocent” and was released from prison when the person who committed the murder came forward to confess. He spent thirteen years in prison for a crime he did not commit.

2009 was the year I learned there are innocent people in prison and that they can be convicted based on little, inadequate, flawed or NO evidence whatsoever. I learned that in a significant amount of cases, evidence is even fabricated to fit a specific theory! That year I began my crusade on behalf of the six innocent men convicted in the 1992 death of mill worker Tom Monfils; a murder many of us believe never happened.

(L to R) Decedent Tom Monfils, convicted men; Dale Basten, Michael Johnson, Michael Hirn, Reynold Moore, Keith Kutska, and exoneree Michael Piaskowski  

I was able to share an incredible irony with Christopher about Jamie Meltzer; MFA program director in documentary film at Stanford University and director of True Conviction. Years ago, through an online networking webpage called About.me, a similar interest in wrongful convictions forged a brief connection between Jamie and me. The timeline suggests he was in the early stages of putting this film together while I was in the throes of publicizing my mission on behalf of the Wisconsin men. Because of Jamie’s affiliation with Stanford University, I had given him the name of Lawrence Marshall—also affiliated with Stanford—as a reference for his project because of my knowledge of the appellate work Marshall had done for one of the six wrongfully convicted men I support.

Final thoughts: I see time and again that until a wrongful conviction touches us personally, we too easily and too often cast the issue aside as irrelevant or insignificant. We must acknowledge that these circumstances destroy families, tear communities apart, and affect our everyday lives more than we could ever imagine. We must celebrate people like Jamie, entities like PBS, and organizations like House of Renewed Hope, The Reporter’s Inc., The Innocence Network, and The Center for Justice and Law, all of whom so willingly and diligently create an awareness and help to change laws and procedures that undermine our freedoms.

Please join me in saying…THANK YOU!

1) As is on the HRH website: “Sadly in 2018, cancer took Johnnie’s life but his spirit lives on and he will forever be a member of the team.”

2) Dale Basten—the oldest of the Wisconsin men—was paroled in 2017 due to his failing health when his medical costs at $92K/yr. became too costly for the WI prison system to absorb. Sadly, in June of 2018, he passed away in a nursing home with his two daughters at his side.

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!