2017

New book highlights ‘Monfils 6’ case

Marisa DeCandido, 10:50 PM, Aug 16, 2017

http://www.nbc26.com/news/new-book-highlights-monfils-6-case

GREEN BAY, Wis. – More than two decades after Tom Monfils was murdered at a Green Bay paper mill, a new book has been released about the convicted killers and their next steps to get out of prison.

The author of the book, titled Reclaiming Lives: Pursuing Justice for Six Innocent Men, said she believes she’s standing up for what’s right. “I was in disbelief that there could be innocent people in prison and I couldn’t stand back and just let it happen,” said author Joan Treppa. One of the men convicted, Keith Kutska, is taking his case through the courts. The next step for him is the U.S. Supreme Court.

Kutska and five others, known as the “Monfils 6,” were convicted of the 1992 murder of Tom Monfils, their co-worker at a Green Bay paper plant. Monfils’ body was found in a paper vat. Kutska is currently serving a life sentence.

Another one of the convicted men has been released.

Supreme Court won’t hear Keith Kutska’s appeal of Tom Monfils murder conviction

USA TODAY NETWORK-WisconsinPublished 5:02 p.m. CT Oct. 3, 2017

http://www.greenbaypressgazette.com/story/news/2017/10/03/supreme-court-wont-hear-keith-kutskas-appeal-tom-monfils-murder-conviction/729451001/

A man convicted of conspiring to kill a co-worker at the former James River Mill in 1992 will not get a new trial.

The U.S. Supreme Court this week denied Keith Kutska’s request for a review of his conviction for conspiring to kill Tom Monfils. The appeal was based on a claim that there was new evidence in the case and an argument that his trial lawyer and subsequent lawyers had been ineffective.

Kutska launched his bid for a new trial in 2015 in Brown County Circuit Court, where it was denied. The appeal was also rejected by a state court of appeals, after which the Wisconsin Supreme Court declined to review the case.

Kutska is one of four men serving life terms in prison in connection to Monfils death. Prosecutors say Kutska incited five other men to confront Monfils after he told authorities that Kutska had stolen a piece of electrical wiring from the Green Bay paper mill.

Monfils, 35, disappeared that day, and his body was found a day or two later when mill officials drained a pulp vat.

Two others who were convicted have been released from prison.

Mike Piaskowski, was released when a federal appellate judge ruled there had been insufficient evidence to convict him. Another, Dale Basten, now 76, was released to an assisted living facility in September due to his age and an apparent cognitive decline.

Friends, family of “Monfils Six” protest at Brown County courthouse

Paul Srubas, USA TODAY NETWORK-WisconsinPublished 7:55 p.m. CT Oct. 27, 2017

GREEN BAY – Friends and family of the men convicted of murder in the 1992 death of Tom Monfils marched in protest for the eighth consecutive year Friday.

About 50 people gathered at the steps of the Brown County Courthouse to listen to speeches by Green Bay author Denis Gullickson, self-proclaimed justice advocate Joan Treppa and state Sen. Lena Taylor, D-Milwaukee.

Also speaking briefly was Lee Basten, brother of Dale Basten, one of the six convicted men, who recently was released to an assisted living facility because of health reasons. Treppa spoke about Dale Basten’s declining health when she met him in prison.

Taylor spoke of reforms needed in state law to protect the rights of defendants, to provide them with a fair parole process, and to increase state payments to inmates freed upon proving their innocence.

The group then marched around the courthouse, to the Green Bay Police Department and back.

The group, inspired in part by “The Monfils Conspiracy,” a book by Gullickson and co-author John Gaie, believe six men were wrongly convicted in 1995 of Monfils’ murder in a Green Bay paper mill. One of those men, Mike Piaskowski, was released from prison in 2001 after a federal judge ruled there had been insufficient evidence to convict him. He and Gaie joined Gullickson in Friday’s event.

Monfils was 35 when he disappeared from his work station at the former James River Paper Mill in 1992. A few days later, searchers found his body in a paper pulp vat. A weight had been tied by a jump rope to his neck. Detectives and a medical examiner concluded Monfils had been beaten into unconsciousness, then deposited in the vat, where he died. Prosecutors convinced a jury that lead defendant Keith Kutska, angry that Monfils had reported him for a minor theft from the mill, whipped co-workers into a frenzy that resulted in them beating Monfils and throwing him into the vat in an effort to hide him and save their jobs.

The defendants’ lawyers at the time tried to claim someone else had committed the crime, but more recent appeals efforts by Kutska focused on the theory that Monfils could have killed himself.

Here are 10 things you may have forgotten about the case and some more recent developments:

» In 1993, when police were still trying to put together a case, Monfils’ widow filed a wrongful death lawsuit against the six eventual defendants, two other mill workers, the union to which they all belonged and insurers. The case settled out of court.

» Two years later, police swooped into the east side paper mill and arrested seven, not six men. That seventh man was soon released, and felony charges were filed against six: Kutska, Piaskowski, Rey Moore, Michael Hirn, Dale Basten and Michael Johnson.

» Then-District Attorney John Zakowski, now a Brown County Circuit Court Judge, successfully argued before Outagamie County Reserve Judge James Bayorgeon that all six men should be tried simultaneously. A jury brought in from Racine County heard the month-long trial. All six men, each of whom had his own defense laywer, were convicted of being party to first-degree intentional homicide and sentenced to life in prison.

» All of the men have tried a variety of appeals strategies, but only Piaskowski has been successful. Piaskowski was freed in 2001 after serving six years in prison. U.S. Eastern District Court Judge Myron Gordon called the case against him “conjecture camouflaged as evidence.”

» Basten, at 76, the oldest of all six men, was released this summer to an assisted living facility because of health reasons. The others remain in different prisons around the state.

» Also this year, the U.S. Supreme Court declined to take up Kutska’s case. Kutska lost appeal efforts that claimed his trial attorney and subsequent appeal lawyers relied too heavily on a medical examiner’s analysis of autopsy results. That analysis was faulty and caused police and lawyers on both sides to discount the possibility Monfils killed himself, according to Kutska’s claim.

» In 2009, Denis Gullickson and John Gaie, Piaskowski’s former brother-in-law, wrote and published “The Monfils Conspiracy: The Conviction of Six Innocent Men.” In it, the authors claim the lead investigator, former detective Randy Winkler, was overzealous and aggressive, that he bullied people into making statements that helped him and other detectives develop a faulty timeline of goings-on in the mill on the morning of Monfils’ disappearance. The state’s case rested on a confrontation between Monfils and the six defendants at a water cooler in the mill; the authors say no such confrontation happened.

» Shortly after the publishing of the book, a group formed called The Family and Friends of Six Innocent Men. They meet regularly, submit support letters for the parole board, organize the annual walk around the courthouse and share information about other innocence projects around the country.

» Zakowski, Winkler and Monfils’ widow’s lawyer all have stood by the case and stated the six men, including Piaskowski, were fairly tried and properly convicted.

» Several key people involved in the case have died. That includes federal Judge Myron Gordon, Dr. Helen Young, the medical examiner, former Brown County Coroner Genie Williams and some of the mill workers who had provided key testimony in the case.

Dale Basten, convicted in Monfils’ murder, granted parole

Jonathan Anderson, USA TODAY NETWORK-WisconsinPublished 7:02 p.m. CT Sept. 5, 2017 | Updated 3:21 p.m. CT Sept. 6, 2017

http://www.greenbaypressgazette.com/story/news/2017/09/05/dale-basten-convicted-monfils-murder-granted-parole/635210001/

WAUPUN – One of the men convicted of murdering Green Bay paper mill worker Thomas Monfils in 1995 was paroled to a Fox Valley assisted living facility on Tuesday.

Dale Basten, 76, was released from the Dodge Correctional Institution in Waupun and transferred to the undisclosed care center, where he will be subject to constant monitoring and supervision, according to the Wisconsin Parole Commission.

In a written decision, the commission cited Basten’s “advancing, maturing age” and apparent cognitive decline for the move.

Commission officials met with Basten last month and found that, while he should be punished to the fullest extent possible for his involvement in Monfils’ death, he had “little awareness” that he was in prison and why he was there, the decision states.

Basten was generally unresponsive to commissioners’ questions and seemed unable or uninterested in talking with them.

“It is clear from this encounter that you have little or no orientation as to your surroundings,” the commission’s decision states.

It cost the state $93,000 per year to house Basten in prison, where he required constant supervision so he wouldn’t wander into prohibited areas, according to the decision.

Monfils’ brother, Cal Monfils, wrote to the commission in support of Basten’s release. Cal Monfils has said publicly he believes his brother committed suicide.

The commission found that Basten’s risk of harming others at the assisted living facility is “negligible.” The facility has alarms on doors to alert staff should he try to escape.

He also is prohibited from having any contact with victims, witnesses and co-defendants in the case.

In addition to Basten, five other men were found guilty of first-degree intentional homicide in the 1992 death of Monfils, 35, at the former James River Corp. mill, where they all worked.

Prosecutors alleged the men beat up Monfils and dumped his unconscious body into a vat of paper slurry. Monfils was later found dead in the vat with a weight and rope tied around his neck. An autopsy revealed that he had a broken jaw, fractured skull and numerous bruises.

Police believed the attack was retaliation because Monfils notified authorities that one of the men stole electrical wiring from the mill.

Most of Basten’s co-defendants — Michael Hirn, Michael Johnson, Keith Kutska and Rey Moore — are still serving life terms. Mike Piaskowski was released from prison in 2001 when a federal appeals court found there was not enough evidence to convict him.

Basten has always maintained his innocence.

MONFILS SIX: Dale Basten granted parole due to failing health

Posted: Tue 2:42 PM, Sep 05, 2017 – Updated: Tue 2:59 PM, Sep 05, 2017
Click for the original link to the article on WBAY.com

GREEN BAY, Wis. (WBAY) – One of the “Monfils Six” has been granted parole 22 years after he was
sentenced to life for a murder that shocked the Green Bay area.

Dale Basten, 76, is being placed in an assisted living facility in the Fox Valley, according to a parole decision obtained by Action 2 News.

The Department of Corrections document states that the parole commissioner has “personally witnessed [redacted] to worsen significantly since [redacted], presently to the point where you seem unaware of your surroundings and communicate very little.”

The parole commissioner’s recommendation states that Basten’s conduct during his time in prison was satisfactory. The commissioner notes there is “no known victim opposition in your case.”

The Parole Chairman ordered Basten be released no sooner than Sept. 5. Basten will be monitored by the Department of Corrections.

Basten and five other men were convicted of 1st Degree Intentional Homicide in 1995 for the death of paper mill co-worker Tom Monfils.

Basten is the second of the “Monfils Six” to be released from prison. 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 men have long argued their innocence. A theory that Monfils killed himself has been presented in court.

THE CRIME

In 1992, Tom Monfils’s body was recovered from a pulp vat at the James River mill in Green Bay.

Three years later, police arrested the Monfils Six and they were charged
with 1st Degree Intentional Homicide.

The prosecution said the men conspired to kill Monfils, who had heard 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 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.

That led police to arrest the Monfils Six. They were convicted at jury
trial.

SUICIDE CLAIM

In 2015, Keith Kutska was granted an evidentiary hearing to allow his
attorneys to present a theory that Tom Monfils killed himself. Kutska’s case has been taken up by the Minnesota Innocence Project, a group
that works to get new trials for people they believe were falsely convicted of crimes.

Some witnesses claimed law enforcement intimidated them into signing
statements that were not true. Tom Monfils’ brother, Cal, also believes his brother killed himself.

Kutska’s attorneys questioned lead investigator Randy Winkler about a lack of physical evidence in the mill.

Attorney: “During the entire course of your investigation you found no blood anywhere in the mill that was connected, or could be connected to any beating of Mr. Monfils.”

Winkler: “That is correct.”

A judge ruled there was not evidence to grant Kutska a new trial. The judge said some of the arguments presented at the evidentiary hearing were “speculation” and he didn’t think a jury would reach a different verdict if the case was re-tried.

Kutska appealed to the Wisconsin Supreme Court. The state’s high court denied a petition to review his appeal.

Kutska is now asking the United States Supreme Court to review the decision of a lower court.

PAROLE ELIGIBILITY

Kutska, Johnson, Moore, and Hirn are still able to request parole.

Moore is eligible in 2017, and the other three men are eligible in 2018.