Sunday, March 27, 2011

THE MONFILS CONSPIRACY (4); THE CONVICTION OF SIX INNOCENT MEN; THE DAMAGE REAPED BY SIMPLE HUMAN FLAWS; JOAN VAN HOUTEN; "4 JUSTICE DENIED."

"By the time the police department showed up in the room the vat was located in, numerous people had been in and out, walking through. And even during the body removal, there was chaos everywhere, by investigative standards. This was a crime scene (at least that is how the scene should have been treated) which could very well contain crucial evidence to determine whether a murder was committed, an accident happened or whether this was a case of suicide.

There was no tape closing off the area. Civilians were asked to watch the entrances. The fire department personnel walked all over the area along with police officers. And while working to retrieve the body, grappling hooks were used, attempt after failed attempt, doing untold damage. When it was finally decided that emptying the vat would be more effective, there was little done to preserve what evidence may have been lost down the drain. Though some items were caught in the filter screen, the fact that foreign material was found in the products produced tells us that not all evidence would have been trapped on the screen.

Countless people wandered throughout the area, peering over the vat edge, leaning on walls, moving items around. And a police officer in audible distance to mill workers making the statement, “Way to go, Kutska.” Already placing a target on Keith Kutska before an investigation had even begun."

4 JUSTICE DENIED; JOAN VAN HOUTEN; STEPDAUGHTER OF MICHAEL JOHNSON, ONE OF THE CONVICTED MEN.

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PUBLISHER'S NOTE: "The Monfils Conspiracy: The Conviction of Six Innocent Men" by Dennis Gullickson and John Gaie", raises huge doubts about the conviction of six men (one since exonerated) convicted in the murder of a paper mill worker named Tom Monfils in 1992. The book, published by IUniverse in 1992, raises genuine concern over the autopsy and other forensic issues involved in the case. Prof. Larry Marshall of Stanford Law School (former Legal Director of the Northwestern University Centre on Wrongful Convictions) says, "The Monfils Conspiracy tells the story of a grave human tragedy. It is a story of a profound injustice which continues to destroy the lives of several wrongly convicted men and their families." This Blog will follow developments.

HAROLD LEVY; PUBLISHER; THE CHARLES SMITH BLOG;

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"It begins with the little things,"
, post by Joan Van Houten published on December 7, 2010 begins, under the heading, "Simple Human Flaws - The Damage They Reap."

"Tracing this case back to the very beginning is quite a job, and once that is done, it is hard to imagine that such basic flaws in human nature could have created such devastating effects," the post continues.

"Pettiness, laziness and need for revenge are at the very core of this tragic story and the flaws circle out quite symmetrically from there to include self-importance, fear and self-servitude. The Monfils Six (so dubiously named by the Green Bay, WI media) are the unwilling martyrs of our time, caught in this wretched net of human weakness.

While putting in another routine day at the paper mill, Keith Kutska saw a spool with some scrap wire still wrapped around it. He wanted it, but decided it was too much of a bother to get a simple scrap pass from the supervisor. He didn't need it all...just a bit of it...so, what would be the harm? Everyone was doing it.

Tom Monfils saw Kutska take the wire. Exactly why Monfils decided to make an issue of this will never truly be known, but he was not going to let Kutska walk out free and clear. And thinking back on it now, Monfils had to have kept an eye on Kutska throughout the work hours to know that there was no scrap pass...had to have been watching to see if Kutska would take the steps to get that pass. If not, then how would he have known that he could report Kutska? Had that pass been gotten, there would have been nothing to report.

Monfils, instead of going to the supervisor, and instead of calling the guards at the gatehouse, decided to call the Green Bay Police Department. He wanted to report a theft, and he wanted to stay anonymous. They informed him that this was not a matter for the police department, that it was an employee/employer matter. Monfils indicated that he did not want Kutska to know that he (Monfils) was reporting the theft. Monfils indicated that they should not come with sirens on, that it should be an unmarked car...Kutska would run or hide the goods. But instead of coming down to the James River Paper paper mill, the police called the gatehouse.

At the gatehouse, Kutska was asked to open his bag. He refused. He was asked again. He still refused. He then walked off very quickly, stating that his wife needed to be somewhere, and he needed to get home. Kutska left the mill. A report was written up and given to his supervisors. One cannot refuse to be searched at the mill. One will be punished. And he was.

So, now we have Kutska wanting to know what the hell happened. All he wanted was a piece of scrap wire. For this, he was reprimanded at work and told there had been a call to the police. The police? Really? Well, then that's where he was going to go. Kutska began talking about how he was going to go to the police and find out who falsely accused him of theft. He was insulted. He was angry that someone would do this and not step up.

Having heard about Kutska going to the police department and asking them for a copy of the anonymous call, Monfils contacted the police department and pleaded with them not to release that tape. He called the district attorneys office and pleaded with them to make sure that tape was not released. The district attorneys office and the city attorneys office informed the Green Bay Police Department Chief of Police not to release that tape. And when Keith Kutska walked back in to the police station, the very nice officer behind the desk handed Kutska a copy of the 911 tape.

Well, then – there it was – all that Kutska needed to figure out who hated him so much that he/she would go through all of this to get him into trouble at work. He recognized the voice. Tom Monfils was the secret caller. After making a few calls himself, Kutska arranged to get Monfils to admit he was the culprit. This, Kutska was told, would be enough evidence to bring to the Union Committee to file a grievance that Monfils wrongfully accused him of theft and created a negative environment for Kutska at work because of it. Kutska lined up two co-workers who would be present and made plans to play the tape for Monfils while at work. This was done. Monfils admitted it was him...that he had a stake in the company. After a few words with Monfils, the men walked out of the break room, leaving him to stand there alone.

Monfils was last seen working about his machine. No one knows just when he walked away. No one knows which direction he went or if he went alone. There exists absolutely no eyewitness of Monfils leaving the area at all. But when it came time to change a very large paper roll over to an empty core, his absence was finally noticed. And reported.

Some time went by before an all out search began. First there were quick walks around the paper rolling area, then circling out a bit. Nothing. There were phone calls to the gatehouse to see if Monfils left. No. His car was still in the parking lot. Now, concern was growing. Was he hiding? Was he sitting in some remote corner of the plant to get away from accusing eyes?

Eventually, a full blown search ensued and the police department was called with a report of a missing person. Monfils wife was called in. Production basically halted as the search went on. The manhunt ended when Monfils body was spotted in a two story paper pulp vat. Speculation began...suicide? Murder?

By the time the police department showed up in the room the vat was located in, numerous people had been in and out, walking through. And even during the body removal, there was chaos everywhere, by investigative standards. This was a crime scene (at least that is how the scene should have been treated) which could very well contain crucial evidence to determine whether a murder was committed, an accident happened or whether this was a case of suicide.

There was no tape closing off the area. Civilians were asked to watch the entrances. The fire department personnel walked all over the area along with police officers. And while working to retrieve the body, grappling hooks were used, attempt after failed attempt, doing untold damage. When it was finally decided that emptying the vat would be more effective, there was little done to preserve what evidence may have been lost down the drain. Though some items were caught in the filter screen, the fact that foreign material was found in the products produced tells us that not all evidence would have been trapped on the screen.

Countless people wandered throughout the area, peering over the vat edge, leaning on walls, moving items around. And a police officer in audible distance to mill workers making the statement, “Way to go, Kutska.” Already placing a target on Keith Kutska before an investigation had even begun.

This was the beginning. Human weakness playing out. Kutska refusing to take responsibility for taking the wire. The Green Bay Police Department unwilling to acknowledge their blatant error in releasing a 911 tape, and the Brown County District Attorney and Green Bay City Attorney refusing to hold the police department accountable to the community – to Thomas Monfils. And the race was on. Each responsible party searching for a way to save face – to save themselves. Never mind the damage being done. Never mind the havoc reaped. The truth be damned and innocent men along with it.

Yes, it is hard to imagine that such basic flaws in human nature could have created such devastating effects. Yet, it did...it does. And until we begin to hold ourselves accountable to the impact of those basic flaws, hell will continue to be unleashed. It's the little things that get past us, but it's the little things that make the biggest difference in our lives. Truthfulness, awareness, accountability. Integrity. These things have to mean something again - these simple little things that are the keys to delivering these men back to their families where they belong.


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The story can be found at:

http://4justicedenied.blogspot.com/2010_12_07_archive.html

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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:

http://www.blogger.com/post-edit.g?blogID=120008354894645705&postID=8369513443994476774

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;