Author: Jared Manninen - Monfils Case
Published 8:25 a.m. CT June 29, 2018 | Updated 3:31 p.m. CT June 29, 2018
Paul Srubas, Green Bay Press-Gazette
The Tom Monfils murder case has changed Joan Treppa’s life.
Other than the victim himself and his family, and the six original defendants and their families, Treppa has been affected by the case maybe as much as anyone else on the planet, but unlike all those other people, Treppa sort of did it to herself.
Now the Minneapolis woman is deeply involved in the case, which has become far more than a hobby for her but which she can’t bring herself to call an obsession.
“I don’t want to put that negative slant on it,” she says. “I am driven. I’m driven because it’s the right thing to do, and because I can; I have the time. I can put the time into it.”
Go to the annual “Truth and Justice” rally, where up to 60 protesters will march at the Brown County Courthouse chanting slogans implying the defendants were wrongfully convicted, and chances are, Treppa will be one of the keynote speakers.
She’s written a book on the case, lectures around the country about it, has become something of a point person for other convicted criminals claiming they were wrongfully accused.
Thanks to the Monfils case, Treppa now writes the words “social justice advocate” after her name on emails. She never used to do that.
Not bad for someone with zero legal or investigating background or skills, no connection whatsoever to the victim or defendants and in fact who never even heard of the case until nearly 20 years after it happened.
A quick recap: Monfils, 35, a paper mill worker at the former James River plant in Green Bay, was found dead in November 1992 in a paper pulp vat after disappearing from his work station the previous day.
After a three-year investigation, Green Bay police arrested six of Monfils’ co-workers: Keith Kutska, Mike Piaskowsi, Michael Hirt, Rey Moore, Michael Johnson and Dale Basten. They were charged, tried together in a single jury trial, convicted of conspiring to murder Monfils and sentenced to life in prison.
The police theory was that Kutska, angered after being suspended from the job because Monfils snitched on him about a minor theft from the mill, got a tape recording of Monfils reporting the crime and played it around the mill. Co-workers were so incensed, they roughed Monfils up and knocked him unconscious. Then, worried about losing their jobs over the violence, they decided to conceal the evidence of it by tying a weight to Monfils’ neck and throwing him in the pulp vat, where he died.
All six men were convicted, but an appeals judge overturned the conviction for Piaskowski on the grounds of insufficient evidence. All of the other five remained in prison or state custody up until last week, when the oldest of them, Dale Basten, died at age 77.
It’s a familiar story to anyone who lived in the Green Bay area in the 1990s. That does not include Treppa, 59, who lives in Minneapolis.
She learned of the case in about 2009 from a guy her sister was dating for a while. That was John Gaie, a retired Green Bay school teacher and Piaskowski’s former brother-in-law. Gaie and local author Denis Gullickson, with Piaskowski’s help, had researched the case and wrote a book, The Monfils Conspiracy: The Conviction of Six Innocent Men.
Treppa met Gaie, who told her about the case and the gave her a copy of the book, and Treppa’s life changed practically all at once.
“I liked true crime stories anyway, so it was very fascinating,” Treppa says.
She accepted Gaie’s and Gullickson’s account of the case, their claims that the police built their entire case on a faulty theory.
Yes, Monfils had snitched on Kutska for theft, and yes Kutska was angry and got the police tape recording and played it for practically everyone at the mill, but no, Kutska had no intention of whipping everybody up into a violent frenzy and no, there never was a violent altercation around a drinking fountain in the middle of the mill, as police claimed. That’s according to the Gaie-Gullickson account of things.
An over-zealous detective bullied witnesses into admitting things that never happened, and the defendants got screwed by a judge ruling they could all be tried at once instead of having their own separate trials, and the next thing you know, they were all sentenced to life in prison. Meanwhile, somebody else murdered Monfils or maybe Monfils killed himself. So goes Gaie’s and Gullickson’s theory, anyway, and so went their book.
Their book more or less launched a grassroots interest in the case, forming a centerpiece for family and friends of the defendants to rally around and call for exoneration or at least a new trial. It was after their book was published that the courthouse protests began, and people would start meeting in an Allouez home to discuss legal strategies and letter-writing campaigns to legislators and parole board members.
This is the world that Treppa got involved with, only she took it further than most. After reading the book and hearing Gaie’s account, she began doing what Gaie had been doing: telling everyone she came across about the case, until she found herself telling a retired detective about it in Minneapolis one day.
Together, they started looking at the old case files and becoming more and more convinced Gaie and Gullickson were right. They took the case to the Minnesota Innocence Project, which agreed to take on an appeal without charge.
“I tell people, I didn’t choose this; it chose me,” Treppa says. “It’s hard for people to understand, unless they experience it on a personal level, the passion and drive and determination someone feels when that person is just on autopilot. That’s how it felt for me. I needed to do this thing.”
Treppa had been blogging about the case throughout, and her adult son urged her to compile her blogs and write a book. That 4 ½-year project culminated in a self-published book, Reclaiming Lives: Pursuing Justice for Six Innocent Men, that came out last year.
During the writing of it, Treppa and her husband traveled to all of the Wisconsin prisons were the Monfils defendants were incarcerated, meeting them, posing for pictures with them. She has been writing all of them since about 2011.
Following the publishing of the book, which she says won a national award and was, for a time, on Amazon’s best-seller list, she did book-signings and lectures. She was a guest speaker at the Untitled Town book-and-author festival in Green Bay this spring and she’ll be doing book festivals in Neenah and Appleton later this year.
As far as she knows, the defendants have exhausted their appeals, but the Minnesota Innocence Project remains on the job, looking for possible strategies, so she maintains her hope that her vision of justice, and the vision of Gaie and Gullickson, will prevail.
“I’m always hopeful,” she says. “Once you give up hope, you might as well die. I will remain hopeful because of the integrity of the law firm working on it … and there’s also actually some hope some of these men can get paroled.”
So what would she do if, after all this time and energy she has invested, it turned out that these defendants really did do the crime? What if one of them suddenly confessed?
Treppa gives a long pause. “I couldn’t really speculate, because I can’t see that ever happening,” she says finally.
Published 10:13 a.m. CT June 25, 2018 |
Paul Srubas Green Bay Press-Gazette USA TODAY NETWORK – WISCONSIN
GREEN BAY – Dale Basten, one of six men convicted of involvement in the high-profile murder of Tom Monfils in a Green Bay paper mill in the 1990s, has died.
The state Department of Corrections on Monday confirmed Basten died Saturday.
“Our family is obviously devastated at his loss,” said Dale’s brother, Lee Basten, in an emailed comment. “Six men tried together is a daunting task for any jury. Dale is going to his grave looking for ‘Truth and Justice.’ Hopefully others will find it.”
“Dale Basten died completely at peace with the fact that he had no hand in the death of Tom Monfils,” said Green Bay writer Denis Gullickson, who co-authored a book, “The Monfils Conspiracy: The Conviction of Six Innocent Men.” Basten “insisted on his innocence from his very first interview with the Green Bay police until his own passing on Saturday, June 23,” Gullickson said.
Still, higher courts have upheld the convictions of all but one of the original six defendants, and police and prosecutors in the case maintain they got it right, that Basten and the others conspired to kill Monfils in the mill where they all worked.
Basten, 77, was released in September from prison to a privately operated community facility in Appleton because of health issues.
The Parole Commission cited Basten’s “advancing, maturing age” and his apparent cognitive decline for the move. Members of the commission had met with him previously and found that Basten had “little awareness” that he was in prison or why he was there.
He served most of the last decade at the Stanley Correctional Institution.
Basten recently underwent surgery for undisclosed health problems and had been in decline since at least 2014, according to friends of his family.
Although still in custody and under constant monitoring and supervision, Basten was the second of those convicted of conspiring to kill Monfils to make his way out of maximum security. The first was Mike Piaskowski, whose conviction was overturned by order of a federal appeals court in 2001.
Basten, along with Michael Johnson, Keith Kutska, Michael Hirn and Rey Moore, unsuccessfully appealed their convictions multiple times and in various courts through the years.
In a 2009 interview with the Green Bay Press-Gazette, Basten echoed the other defendants’ assertions that their convictions were based on an erroneous police theory.
Prosecutors asserted Kutska instigated an attack on Monfils, 35, in the former James River papermill in November 1992 in retaliation for Monfils snitching on Kutska for a minor theft from the mill. Kutska, who served a three-day suspension from the mill for stealing a piece of extension wire, learned from a police recording that Monfils had phoned in a report of the theft.
Kutska obtained the recording and, upon his return to the mill, played it for several of his co-workers. Kutska has admitted all that but denies that he played the tape to whip up violence against Monfils or that he and the other defendants actually committed any violence against Monfils.
According to police and the prosecution’s case, the six men surrounded Monfils during a break in the papermaking process and beat him to unconsciousness. Then, out of fear of losing their jobs, they tied a weight to the unconscious man and dumped him into a paper pulp vat. Monfils’ body was recovered the next day after workers drained the vat.
Basten’s specific role was never made completely clear in the police account, but witnesses testified he was present in the paper machine control room when Kutska played the tape on the morning of Monfils’ disappearance. One witness, David Weiner, testified that he saw Basten and Johnson carrying something heavy, presumably Monfils’ body, near the pulp vat that morning.
Regarding Basten’s death, Piaskowski said, “No matter what people want to believe, the absolute truth is that Dale Basten was wrongfully accused and unfairly convicted. When Dale Basten passed away, the state of Wisconsin finished taking the life of a 100 percent innocent man.”
Basten, father of two adult daughters, divorced their mother two years after his conviction, in 1997, after 12 years of marriage. He lost his appeal of a court order that granted his ex-wife his pension money.
However, he remained on good terms with his family, who has maintained his innocence.
He attended Premontre High School for a time, and he began working for Northern paper mill, later known as James River, in 1961. He remained there for 35 years, according to Gullickson’s book, which he cowrote with Piaskowski’s former brother-in-law, John Gaie.
Prior to his arrest, Basten was interested in motorcycles, boating, fishing, snowmobiling and playing guitar, according to the book. The book sparked annual protests in front of the Brown County Courthouse on the anniversary date of the convictions. Piaskowski and members of the defendants’ families are among the group, which has reached up to about 60 people. Piaskowski, family members and others still meet regularly to discuss possible appeal strategies and promote letter-writing campaigns, especially to the state Parole Board.
Gullickson said Monday each of the defendants were offered immunity in exchange for testimony, and none took the deal.
“Except for these few last months when he was released as a geriatric burden to the state, Dale lived out the rest of his life incarcerated for a conviction unsupported by the facts,” Gullickson said. “This is just one more of the many tragedies in this case — beginning with Tom’s death. Obviously our hearts go out to all involved.”
The book also sparked a second book, Reclaiming Lives, by Joan Treppa of Minneapolis, a self-identified social justice advocate who also helped spearhead Kutska’s most recent appeal, filed by Minneapolis lawyer Steven Kaplan. The unsuccessful appeal claimed that Monfils had actually killed himself, that the medical examiner mistakenly ruled the death a homicide, and that the defendants’ previous lawyers failed to pursue the possibility of suicide as a cause of death when building defense strategies.
Kaplan declined to comment about Basten’s death. Treppa wrote in an email, “The passing of Dale Basten is as tragic as the life he was forced to live. I place blame on Brown County and the State of Wisconsin for inadvertently instigating another death as a result of this injustice!”
Posted: Mon 9:40 AM, Jun 25, 2018 | Updated: Mon 10:31 AM, Jun 25, 2018
OUTAGAMIE COUNTY, Wis. (WBAY) – One of the men convicted in the “Monfils 6” murder case has died.
Dale Basten passed away the morning of Saturday, June 23, in Outagamie County, according to a spokesman for the Wisconsin Department of Corrections. Basten was 77-years-old.
Basten was granted parole in Sept. 2017 due to his failing health. In a report, the parole commissioner stated that Basten appeared to be unaware of his surroundings. He was placed in an assisted living facility, but still subject to electronic monitoring.
Basten and five other men were convicted of 1st Degree Intentional Homicide in 1995 for the death of paper mill co-worker Tom Monfils.
In 1992, Monfils’s body was recovered from a pulp vat at the James River mill in Green Bay.
Three years later, police arrested suspects later dubbed the “Monfils 6.” They were charged with 1st Degree Intentional Homicide.
The prosecution said the men conspired to kill Monfils, who had heard one of the suspects, Keith Kutska, talk about stealing an electrical cord from the mill. It is alleged that Monfils reported it to police, but his anonymity was compromised when Keith Kutska obtained a tape of Monfils’ call to police.
The prosecution accused Kutska and the other men of forming a group to take revenge on Monfils.
Investigators said Monfils had been beaten and a weight had been tied around his neck.
Another co-worker told police that Kutska had told him all the details of the killing of Monfils.
All six men were convicted at jury trial.
In 2001, Michael Piaskowski’s conviction was overturned for lack of evidence and he was freed.
Keith Kutska, Michael L. Johnson, Reynold Moore, and Michael Hirn remain behind bars. The Parole Board has either denied or deferred their requests for parole.
The United States Supreme Court denied Kutska’s petition for a writ of certiorari, which is a document asking the high court to review the decision of a lower court.
Kutska had mounted his appeal based on what his attorneys claimed was new evidence in the case. The defense was granted an evidentiary hearing to present an argument that Monfils killed himself.
However, a judge ruled there was not evidence to grant Kutska a new trial. His subsequent appeal was denied.
Reynold Moore’s parole was deferred in May.
Basten served his time in Green Bay Correctional Institution, Stanley Correctional Institution and Dodge Correctional Institution until he was released 22 years after sentencing.