Category Archives: Five Innocent Men

Information about the ongoing wrongful conviction case of six men from Wisconsin. One of the men, Mike Piaskowski, has already been exonerated. However, five men are still waiting for their day of justice.

Setting the Example…

Currently, five innocent men; Keith Kutska, Dale Basten, Michael Hirn, Reynold Moore, and Michael Johnson grow older…more weary…and beleaguered, as their time in prison continues.

We all make a difference…every day. We don’t realize it because often, the results are neither profound or earth shattering. But it’s a fact that the smallest of actions can have the greatest impact and become an example for those around us.

Awhile back, when I emerged from the shadows, compelled to devote my existence to fighting for the rights of six Wisconsin men, it not only ended up having a major impact on their lives…but on mine as well. Suddenly, my life held more meaning and was more focused. Although it may not have been my initial intention to take this specific path, it always was my choice to make. But I now think of it as more of a responsibility I had no choice but to embrace.

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I believe this book, Reclaiming Lives; Pursuing Justice for Six Innocent Men, which I’m about to publish, will create a firestorm of support that could affect current legal actions. Certainly not because it’s the best literature ever written but because it embodies the very essence of what we as humans aspire to be—example setters.

To further my point, I wanted to highlight something noteworthy that resulted from a story I wrote awhile back. Exoneree, Michael Piaskowski, whom I consider a colleague and valuable friend, was compelled to post it on the site where the article appeared:

“Hello to everyone. As Joan Treppa noted [in this article]; after being wrongfully convicted and sentenced to ‘life in prison’ for a crime that I did not commit, I was completely exonerated and ordered released by the United States Federal Court system; all of my citizenship rights restored. In simpler words, the United States ‘legal system’ worked for me. The system made a mistake. The system recognized the mistake. And the system corrected that mistake. I am again ‘free’ to pursue all the rights and liberties bestowed upon all United States citizens.

Unfortunately that very same legal system has failed the other five men in this case. We (the other five defendants and I) are ALL innocent of this crime. All six of us were convicted of an incident that never took place. I repeat: It never happened. Thomas Monfils’ death was caused in some other way. The Green Bay police investigators got it completely wrong. I do not know how Tom died, but I do know that it did NOT happen the way we were convicted of it happening.

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2013 photo of exoneree Michael Piaskowski and Joan Treppa at benefit for Innocence Project of Minnesota.

That’s where wonderful people like Joan Treppa come in; to pick up where Justice Myron Gordon left off and, at least in this case, to continue the fight for true ‘Justice for Tom’.

With the help of John Gaie, Denis Gullickson, Johnny Johnson, Steve Kaplan and Cal Monfils; and organizations like the law firm of Fredrikson & Byron, The Innocence Project of Minnesota, The Wisconsin Innocence Project, and the Family and Friends of Six Innocent Men group here in Green Bay; collectively, we fight this just cause. It’s the American way. On behalf of the wrongfully incarcerated everywhere, thank-you Joan, for your dedication and perseverance. – Mike ‘Pie’ Piaskowski

Here’s the link to the story (which was also posted in an earlier blog).

An update: Please help me spread the word. Signed copies of my book which addresses this unjust case are now available for pre-order. (It is currently discounted at $12.95+ shipping). This link takes you to a FB page to access the ‘Shop Now’ button (located in the upper right corner). Books will be shipped as soon as they become available.

I’m truly honored to have had your support along the way as I continue on a path to making a difference and being an example on behalf of these men and their families.

 

Personified Images…

Sincere apologies are in order regarding my blog which continues to suffer as I focus efforts on the final stages of my book. It’s still a few months away from being published but when considering this project has been in the works for approximately four years, that’s no time at all.

I am proud to present to you the latest progress-the front cover design which portrays all of the victims in this tragedy; (LtoR) Decedent, Tom Monfils, convicted men; Dale Basten, Michael Johnson, Michael Hirn, Reynold Moore, Keith Kutska and exoneree, Michael Piaskowski.

In my opinion, no words amply characterize the emotions conjured by this image…

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I thought it fitting to also include something I shared in a previous blog–the book’s Foreword written by one of these men, Keith Kutska:   

While at the James River Paper Mill on the morning of November 21, 1992, Tom Monfils disappeared from his work area and was later found dead at another location in the mill. Despite the evidence pointing to suicide, the police assumed that an “angry mob” of his co-workers had murdered him. The investigation soon centered on six men who had been working at the mill that day. I know this because I am one of those six.

Few people, unless they or someone close to them has experienced what the “Monfils six” and their families have endured, are likely to understand the anxiety and sense of helplessness that overtakes an innocent person while he cooperates with law enforcement, only to have it call him a liar, a thug, and a murderer. Few can know what an innocent person suffers as he loses his job and becomes the subject of media stories and public contempt for a crime he did not commit. They will not experience or know the frustration that an innocent person experiences watching his family suffer as the investigation and trial continue.

Few people, unless they or someone close to them has experienced what the “Monfils six” and their families have endured, are likely to understand the anxiety and sense of helplessness that overtakes an innocent person while he cooperates with law enforcement, only to have it call him a liar, a thug, and a murderer. Few can know what an innocent person suffers as he loses his job and becomes the subject of media stories and public contempt for a crime he did not commit. They will not experience or know the frustration that an innocent person experiences watching his family suffer as the investigation and trial continue.

Staying hopeful is difficult. Because I have been convicted, the struggle is uphill. That is something that every wrongfully convicted person soon learns. What I have also learned is that an innocent person can choose to maintain his own integrity. That is one thing that the system cannot take. I will continue to speak the truth and declare my innocence, just as the other members of the “Monfils six” have.

After I had been in prison for more than fifteen years, I received a letter from Joan Treppa, a woman I had never met, but whose life was also changed by this case. She became a champion for all of us and for all wrongfully convicted people. If we regain our freedom, it will be because Joan cared and acted when she saw an injustice. I hope that this book inspires others to follow her path and become advocates for the wrongfully convicted.

–Keith M. Kutska

Visit this new site for indepth information about this case:

Lastly, thanks to all of you for accompanying me on this journey!

 

Down…But Far From Out…

Greetings and Happy New Year! One of my goals in 2017 is to remain optimistic that this will be an exceptional and unprecedented year for ongoing efforts regarding our five innocent Wisconsin men; Keith Kutska, Dale Basten, Michael Hirn, Reynold Moore, and Michael Johnson.

There is much to be hopeful about despite a recent setback in our mission to request a new trial for one of those five, Keith Kutska. On December 28, 2016, we received word that Keith was denied justice as the Wisconsin Court of Appeals affirmed his conviction, barring him once again, the right to present new evidence in a new trial.

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During trial in 1995. Photo Courtesy of the Green Bay Press Gazette

Green Bay’s WLUK Fox 11 coverage included the following excerpt from that court’s decision:

“Kutska requests a new trial in the interest of justice. Because he failed to establish ineffective assistance of counsel or newly discovered evidence, that motion is procedurally barred. In addition, he has not established that the real controversy was not fully tried or that, because of trial error, it is probable that justice miscarried and a new trial would produce a different result.”

Here is the link to the entire Court of Appeals decision.

I’ll remind my readers that none of these men were granted separate trials to begin with, which in my opinion is a denial of a basic constitutional right. But let’s examine what I understand to be “the real controversy” in this earnest attempt to achieve justice; the idea that Tom Monfils’ death could have been a suicide. Those of us who support the innocence of all six men believe there’s plenty of evidence to show that suicide is a plausible explanation of what happened to him. We may never fully understand the scope of the circumstances leading up to his death but the science, the witness testimony, and the human interaction that occurred at the mill on that day in 1992, support this theory.

I believe the dominant reason for the resistance by the courts to allow progress in this case is pride. Simply put, they don’t want to admit that they’ve prosecuted, convicted, and incarcerated the men wrongfully. But the heart of the controversy among the general public seems to rest on misguided opinions and an inability to accept the suicide theory because of the taboo in our culture on the subject. Many are simply uncomfortable and even offended by the idea that someone would take their own life. In regard to the Monfils case, I often hear comments by those in support of the murder theory that no one in their right mind would commit suicide in the manner that Monfils died. But that idea falls flat because no one contemplating suicide is ever in a right frame of mind. At the given time, the victim will use whatever means is available or familiar to them, as it was here.

Based on these statements included in the court’s decision, the resistance to even have a conversation about suicide when it is staring them in the face is troubling. And knowing that the subject was never brought up during the 28-day trial is baffling.

According to the court, “(Tom) Monfils’ family’s opinions (as stated by the brother, Cal Monfils, during his testimony at the evidentiary hearing in 2015) regarding his possible suicide consisted of hearsay and speculation.” And, “In light of Young’s (the medical examiner) conclusions, trial counsel’s decision to forego presenting a suicide defense constituted a reasonable trial strategy, particularly given the questionable admissibility of the non-expert evidence (given at the evidentiary hearing) supporting the suicide theory.”

Having spoken with people who’ve dealt with suicide within their own families, the shame and profound guilt of those left behind is evident. They wonder why they were not aware and if there was something they could have or should have done to prevent this tragedy. The subject is painful, disturbing, and often avoided no matter the probability of its likelihood. But these influences should not blind any of us untouched by its effects to the possibility of suicide.

Statistical analysis favors our argument: According to the American Foundation For Suicide Prevention, “Suicide is the tenth leading cause of death in the United States” and is highest in middle-aged white men. “Each year, 44,193 Americans die by suicide.” In Wisconsin, it’s the 4th leading cause of death for ages 35-54. (Monfils was 35 when his life ended.) “Over four times as many people die by suicide in Wisconsin annually than by homicide.”

At this moment, we’re disappointed about the latest ruling but we are far from over and out and we will continue to exert a relentless stance in our quest to succeed. We have no illusions about the uphill battle we still face but if we can help it, we will never allow this injustice to persevere. We will take the plunge back into indeterminate waters as our mission expands to new levels of awareness and farther up the judicial ladder in 2017.

A petition to the Wisconsin Supreme Court is our next step. If this request fails, the legal team will pursue relief in the federal courts where the sixth man, exoneree Michael Piaskowski, obtained justice in 2001.

Until then, here’s a recap of upcoming events that I hope will greatly support these efforts. Two documentaries that will heighten awareness of this case are on the horizon and will be completed in 2017.

Beyond Human Nature is an examination of the human element and the interaction of the individuals involved on either side in the Monfils case.  Father and son team, Michael and Dave Neelsen of StoryFirst Media, based in Madison, Wisconsin are producing this project. Completion and distribution dates and venues are still unknown.

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Banner courtesy of ‘StoryFirst Media’

The Innocent Convicts examines how wrongful convictions occur. Seven cases, including the Monfils case, are reviewed in this project. Mark Saxenmeyer of The Reproters Inc, based in Minneapolis, Minnesota is the producer. Because of our involvement in the Monfils case, I and my friend and colleague, John Johnson, were interviewed for this project which will air on numerous PBS stations across the country in 2017. Specific completion and distribution dates are still unknown.

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Banner courtesy of ‘The Reporters Inc’

My tool of awareness is the book I’ve sought to complete in the past four years. This factual depiction of events from my perspective expands on the 2009 publication of The Monfils Conspiracy. Mine is a testament to the courage and perseverance of many I’ve met along the way who’ve experienced the ill-effects of a wrongful conviction. Because of my specific interest and involvement in the Monfils case, I impress upon my audience the urgency of taking action on behalf of the unfortunate victims aside from the men themselves; their families and close friends, people who led lives similar to ours before this tragedy befell them. I urge all to give credence to their long-standing predicament as well as to the devastation exacted on innocents everywhere.

In November of 2016, I submitted my transcript of this troubling story to a self-publishing company in Minneapolis called, Mill City Press. After finalizing an evaluation of the transcript, I received an astonishing overview. My story was regarded by them as having been “written well” and executed “professionally and tactfully” from a “facts only” perspective. Although an actual publishing date is uncertain, I am hopeful that the book will be available sometime during the first half of 2017.

I will post updates and specifics on all of these projects as they materialize.

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Early Spring sunrise on Laddie Lake, Blaine, MN (USA)

There are many uncertain variables at this stage but what an adventuresome and progress filled year this will be!

Defined Distinctions…

We had traveled on this road before. Its familiar contrast of green fields flanking either side of a winding road led to a rather unattractive building. “The fields are so alive and plush and then you get to bare concrete,” I said to my husband Mike. Crops in their prime of life, malleable to the warm summer breeze, defied the drab character of the stone façade held captive by steely gates. In 1941 this building in Oregon, Wisconsin, which is approximately 10 miles due south of Madison, became the second location of a reform school for delinquent and orphaned girls. It was established in 1876 but its current function is a minimum security prison called Oakhill Correctional Institution which now houses two of our five innocent men, Michael Johnson and Michael Hirn. We had visited Michael Hirn at this location in 2015 and on Sunday, June 26, 2016 we were about to meet Michael Johnson. Johnson had been transferred here only recently.

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Oakhill Correctional Institution

Personals secured in locker…check. Sport bra…check. Sleeved shirt…check. Long pants without belt…check. Ziploc bag of quarters…check. We felt like pros on this fifth visit in our quest to meet the five men still in prison for the death of paper mill worker, Tom Monfils.

We recognized Michael as he entered the visitor’s lounge. We waved. He was all smiles as he approached us after completing his check-in. “Bless you my sister,” he said as we shook hands.

Many inmates find God during their incarceration. Michael already had long before this ordeal started. And he continues to be a steadfast Christian in spite of it. Reading the Bible daily helps him to cope, to forgive, and to find peace. It helps him to isolate a different existence that truly defines him from the one that was chosen for him.

“Did Joan tell you about my vision?” Michael asked. “Yes she did,” I said. Michael was referring to his stepdaughter, Joan Van Houten and a vision he had shared with her years ago after his murder conviction. This is an excerpt (which I also refer to in an earlier blog):

“I spent approximately eight months in Brown County Jail. While I was in county jail waiting for the jury to return their verdict, is when the Lord gave me this vision. This is a very stressful time in my life, having been stripped of everything that was dear to my life. I believe the Lord was comforting me with this vision. The vision was in a time in the future and I did not yet understand it. I believed at the time it was of the Rapture. It was ten years before I correctly understood the vision. It began with me walking amid rubble, as I looked down I wondered why I wasn’t being cut or hurt by what I was walking on. The presence that was with me said: “It is because I am guiding your feet.” I then looked up and it was a summer day, the grass was green and the sky was blue with puffy white clouds. Before me was a blacktop road with a woman running on it up to a Control Tower screaming and waiving her arms in the air. Then I looked up and the clouds were rolled away and Jesus was looking down at me and was smiling. This vision was of the institution I am currently incarcerated in (Stanley Correctional Institution), yet this institution had not yet been built at the time I had this vision. I believe this woman was running to the authorities with some kind of information, the truth about the Thomas Monfils murder. I was reminded that a woman holds the Scales of Justice in front of the courthouse.”

Thinking of Joan brought tears, causing Michael to reclaim his composure. I spoke up about the time Joan had told me about this vision in 2010. “Joan said that both of you thought the woman was her at first, but then changed your minds after I became involved in 2009,” I said. I fell silent, thinking about how that conversation with Joan had defined my duties as an advocate and how I had participated in passing along a single torch in an effort to find legal assistance for all five of the men wrongfully convicted.

Michael spoke of his family with longing. The unfairness, the consequences of being absent from their lives, but knowing that he will return home one day, are truths that each of the five men share; thoughts all of them desperately cling to.

Mike went to purchase drinks for all of us while Michael headed toward the restroom. After both returned Michael looked down at the palm of his hand and chuckled. He then turned his palm outward. “I wrote some things down that I wanted to cover and I smeared them when I washed my hands,” he said. But as we conversed, topics we covered triggered his memory, allowing him to recall most of what he had written down. I reassured him that the law firm representing Keith Kutska has turned this case on its side to learn everything there is to know about what happened. “They are very capable,” I said.  “And they will continue on with this fight for as long as they are needed.”

Joan and Mike Treppa w Michael Johnson at Oakhill Correctional, 6-26-16

Joan and Mike Treppa with Michael Johnson

In a recent podcast interview, Joan described evidence that should have been used to prove Michael’s innocence. She said that during the investigation Michael had been approached by a local reporter who asked him if he knew Tom Monfils. Michael told him that he did and that Monfils was a nice guy who brought homemade popcorn into work to share with everyone. He stated that at work, Tom Monfils was known as the popcorn man. It was later determined that Michael was incorrect and that the popcorn man was actually someone else. Despite these documented facts, the video of that conversation with the reporter was never disclosed during the trial.

The two-part podcast interview with Joan Van Houten:

Residual Smoke and Mirrors…

In lieu of the current wildfires in Alberta, Canada, I sent a message of concern regarding the safety of my new friend and colleague, Lorraine Dmitrovic, who resides in Ontario. Lorraine responded by saying that her area was seeing something resembling residual smoke from the Province that is engulfed in the actual flames.

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Joan Van Houten

Lorraine co-hosts an Ontario based podcast called, The Ultimate Movies Broadcast Show. She invited Joan Van Houten and me onto her show recently as a follow-up to a previous interview she did with Mark Saxenmeyer, CEO of The Reporter’s Inc, about an upcoming wrongful conviction documentary he is producing called, The Innocent Convicts (which will include the Wisconsin Monfils case). With Joan being the step-daughter of Michael Johnson, one of the six men convicted in this case that is still incarcerated, and me, an advocate on Johnson’s behalf, Lorraine wanted us to inform her audience of our advocacy in the case.

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Joan Treppa

Each interview that Joan and I do reflects back, giving a mirrored image of the infinite devastation that befell countless innocent lives, in the wake of this flawed case. Our goal is to reach new audiences, to educate, inspire, and caution, about the prevalence of wrongful convictions within our society. With a record breaking 151 exonerations in 2015, an average of 3 per week, this issue is slowly becoming less obscure, as the number of exonerations surpasses those of previous years, and as news reports continue to unveil additional stories of innocence.

My husband and I awoke this morning to a definite haze, as described by Lorraine, that ironically traveled both from Canada and from a small town just north of us-Bemidji, Minnesota. I likened this phenomenon to the Monfils case, a travesty of injustice with its vagueness, incomplete and questionable gaps that failed to bring clarity to the resulting death of the deceased victim. Expectations were placed on a dazed jury, forcing them to reflect on evidence that amounted to nothing more than a smoke screen. Their decision to convict these six innocent men leaves us all in a cloud of residual smoke that lingers to this day…

Smokey sunrise over Laddie Lake 5-7-16

Smokey sunrise over Laddie lake

Here is the full 54-minute interview with Lorraine Dmitrovic.

 

Brown County’s Last Comedic Stance…

In an earlier post, I mentioned that a ruling had been reached in the July 2015 evidentiary hearing for Keith Kutska. I also noted that on January 13, 2015, our lead attorney, Steve Kaplan, was contacted by a reporter from the Green Bay Press Gazette, looking for a comment on the ruling. At that time, Kaplan was unaware of the ruling because he had not been informed. The reporter kindly sent him a copy of the official document. Then came the second blow; a denial of further action in the matter. There was not going to be a new trial for Keith Kutska.

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Logo design on T-shirts

My initial reaction was one of disbelief toward the blatant disrespect of Brown County. My second reaction bore mixed feelings as the reality of the situation set in. After thinking about it, this ruling was expected all along and the opposition was reacting with the same insolence they had displayed throughout the entire process. They were never going to acknowledge defeat. There was never going to be a new trial. Because that would suggest mistakes had been made and there was nothing to be gained by admitting to such incompetency.

However, this denial is not a bad thing for our men. Because of the way the hearing had been conducted, it was clear, even back then, it was never going to end favorably for Keith. In my opinion there seemed to be a tag team dynamic going on between the prosecutor and the judge during the entire ordeal. It was quite revealing to me and most unfortunate for Keith and his family. What was shameful was seeing the current prosecutor and the former Assistant DA involved in the original trial (a father and son team) both sitting at the same table during this hearing.

But in all reality, this ruling is encouraging.. It’ll take the case out of this biased town, away from this ridiculous progression of judicial recourse. It’s now headed for the Wisconsin Court of Appeals. I believe that justice lies somewhere in the broader judicial spectrum. Proof of this lies in the first and only exoneration to date in this case which was granted to Michael Piaskowski in 2001 when his case landed in a federal court. A federal judge aptly cited the trial evidence as unsound and labeled it as “conjecture camouflaged as evidence.” It was a big stain on the prosecution’s pristine record.

Michael Piaskowski exonerated in 2001

Michael Piaskowski exonerated in 2001

Photo courtesy of the Green Bay Press Gazette

 

This document, in my opinion, epitomizes a wide gap between what’s right and what’s wrong with our entire legal process. I’ve been known to say that if these circumstances were not so tragic, they’d almost be laughable. After injesting the hypocrisy in this document, I rest my case.

Here is the complete 29-page document of the ruling from Brown County:

 

Let This Person Go!

“We’re almost there.” I said as I caught sight of the water tower in Stanley, Wisconsin. My husband Mike and I were driving West on our way home to Minneapolis from Green Bay. It was Sunday morning, December 27th; a few days after Christmas. We were on Highway 29, the stretch of road between Green Bay and Interstate 94, referred to by us freedom fighters as Freedom Highway. We were about to make an important stop. The tower indicated how close we were to our destination; the Stanley prison.

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Sign at the rear entrance of Stanley Correctional

Stanley Correctional

The prison buildings and Stanley water tower 

The white walls of the prison are visible from the highway but during this time of year almost disappear into the wintry landscape. The light blue water tower dwarfs the compound as it stands tall to the east. Dale Basten, the oldest of the six men convicted in the Green Bay Monfils case exists at Stanley. And I do mean…exists.

I always enjoyed correspondence from Dale partly because of how infrequent it was. Although his messages were brief, they were full of genuine warmth and sincerity. I remember Dale was the first to respond when I started writing to all five of the men back in December of 2010. The first card he ever sent was in response to my first Christmas letter to him. It had this simple message:

“Thank you Ma’am for the mail.

It’s the right time of year to get it.”—Dale Basten 

Dale is now 74 years old; an aged man who has seen far too many years behind bars for a crime he did not commit. And I’ve not received mail from him for over a year.

Mike and I had more than one discussion about this visit. We both had concerns about the shape Dale might be in because of recent health issues. I was uncertain about how it might go for all of us, especially Dale. I was afraid of what we might encounter. We still looked forward to possibly meeting him as we had Keith Kutska, Michael Hirn and Reynold Moore earlier in the year. We knew it was going to be emotional but decided to go ahead with the visit. Adding to the anxiety was the status of the case that was slow to change; Dale’s recent parole denial and now the rejection from the judge in granting Keith Kutska a new trial.*

We made it through the usual entry process save for me having to remove my bra while going through the metal detector. Note to myself: Never forgot to wear a sport bra! We finally entered the visitor’s lounge. It was busy as was expected because of the holiday weekend. We were assigned table #18 near the vending machines. It was hard to miss the big signs on the machines that warned against inmate use. We recalled Mike Hirn had been able to handle money and use the ones at Oakhill. Maybe because that’s a minimum security facility. The inconsistency of rules between prisons confused us. We simply followed them as best we could.

We sat and waited for Dale, although it was unclear which door he’d walk through. There were many possibilities. We chatted as we scanned the room waiting. Before we knew it, an elderly inmate shuffled past our table. He was escorted by a prison guard. They passed us by before we realized it was Dale. We watched as they approached the guard desk where Dale needed to sign in. I stood within view of them and waited. Dale looked confused as he turned to face the lounge. The guard waited for him to locate his visitors. When they looked in our direction I waved them over. Dale headed towards us only at the urging of the guard behind him.

Dale was thin and frail. He moved slowly. I thought he might trip so I braced myself. The guard left and we assisted Dale to his designated seat; the one labeled inmate’s seat which faces the guard desk. Dale looked at us and smiled. We introduced ourselves. It was obvious he had no recollection of who we were, even though I’d been sending him regular updates and letters for the past five years.

I ignored the obvious and started the conversation. “How are you doing Dale?” I said. He shrugged his shoulders and said, “I’m fine.” He then added that he’d never been in this room before. Mike and I exchanged glances. We were thinking the same thing-that this was improbable because Dale had been at this prison at least since 2009. We could not be certain but we felt he just didn’t remember. We kept our questions simple. We asked about everyday life at the prison. Dale’s answers were short. His recollection of current activities was vague. But clarity resurfaced somewhat when we asked him about things of the distant past, like the incident at the mill in 1992.

Dale told us he was a Foreman at the mill. He said he liked his job. He said it was a good job that provided a good life for his family. He told us he did not work in the area of the mill where the incident occurred but that he and Mike Johnson had been called there to help with one of the paper machines. He stated it was during the morning when Tom Monfils went missing. Dale obsessed over his interpretation of how Monfils’ body reacted while in the vat. Numerous times and with his arms, he recreated a swirling, plunging motion as he narrated.

Dale became repetitive as we talked. It was as though he did not remember what things he had said. He couldn’t retain the information we shared about the hearing, the ruling or more recent related activities. He didn’t recall his parole hearing even though it had taken place only a month prior to this visit. There was no mistaking his love for his daughters despite being able to share few details of their current lives. It was heart breaking. Mike and I had seen these same characteristics in my elderly Mother; the short term memory loss, the vagueness of current events, inability to retain new information, no matter how significant.

We’d brought a Ziploc bag of quarters (no more than $20.00 allowed). In an attempt to lighten the mood, we asked Dale if he wanted something from the vending machine. He said he didn’t like anything sugary. The options were limited so he opted for a can of soda. None of the food choices appealed to him. As we sipped our drinks, I asked if Dale would be up for having his picture taken with us. Dale was okay with the idea so I went to request the necessary form. Mike filled it out and placed it in front of Dale to sign. Dale needed help writing his name. I returned the form and we were soon called to have two pictures taken.

Joan and Mike Treppa with Dale Basten at Stanley Correctional in 2015

Mike and Joan Treppa with Dale Basten

We stayed with Dale until visiting hours were over. I was reluctant to leave. I wanted to take care of him as I had done for my own Mother. “This man should be sent home to his family.” I thought. I felt sad for them; his daughters; his former wife; their heartbreak. I recalled the letters written by his two daughters that were on the back pages of The Monfils Conspiracy book. Only wanting what we all want; to be with their Dad and to have a normal life.

As we got up to leave, Mike discarded the cans on our table. Dale was uncertain of what to do. The guard came and took his arm and led him to a line forming that would take the inmates back to their cells. I looked back and waved as we walked through the door to the outside. Dale smiled and waved back.

As I wrote this piece something occurred to me; the major discussion going on about our aging population in the U.S. I was curious about how it affected the prison population. According to sites such as Human Rights Watch, due to the “get tough on crime” initiative years ago which caused longer prison sentences for lesser crimes; there are a large number of aging inmates as well. This has become a major concern due to the cost and physical care required in the continued incarceration of them. Although there are plenty of facilities being built to adequately take care of the general aging population, the problem rests with accepting felons into these facilities.

It’s unclear to me and most likely unclear to immediate families how this transition can happen. What I do know is that time is running out for Dale. It’s running out for a family that still needs him. It’s hard to reconcile this situation and I cannot fathom how this family copes. Seeing Dale that day, made me angry at the authorities who will never accept blame for wrongly incarcerating him; at the system that continues to imprison him; at the parole board for denying him parole knowing full well that this man, even if he had committed this crime, is in no way a danger to society.

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Dale Basten with Joan Treppa

I implore whoever has authority over this decision to please send him home!

*Note: On January 13, 2016, our lead Attorney Steve Kaplan received confirmation, not from the Brown County DA’s office but from Paul Srubas, a reporter at the Green Bay Press Gazette that Judge Bayorgeon had issued a motion to deny Keith Kutska a new trial. Srubas had contacted Kaplan merely to get a statement.