Momentous decision: Keith Kutska; One of the Monfils 6. He has been granted a new hearing at which it will be open for his lawyer to argue "suicide" versus "homicide" - and that hearing could open the door to a new trial. Keith Kutska and 5 others were convicted and given life sentences for conspiring in Monfils’s death at the James River paper mill in 1992. Co-defendant Mike Piaskowski’s conviction was later overturned. Kutska is hoping for the same outcome. (And what about the remaining four co-defendants? HL); New hearing set for july 8, 2015; (Must Read. HL);
STORY: "Judge grants new hearing for Kutska in Monfils death," by reporter Sarah Thosen, published by WBAY on April 15, 2015. GIST: "A retired judge is granting a new hearing for one of the men
sentenced to life in prison for the high-profile murder of Green Bay
paperworker Tom Monfils. Keith Kutska and 5 others were convicted and given life sentences for
conspiring in Monfils’s death at the James River paper mill in 1992. Co-defendant Mike Piaskowski’s conviction was later overturned. Kutska is hoping for the same outcome. Now his attorneys say that’s one step closer to happening......... The Minnesota Innocence Project took on Kutska’s case last year and asked for a new trial. He’s not getting that right now, but this evidentiary hearing is a chance to argue a new theory for how Monfils died. In the hundreds of pages of motions and affidavits filed by both
Kutska’s lawyers and the Brown County District Attorney’s office in the
last seven months, the big argument is suicide versus homicide. There are statements from experts and even Monfils’s brother Cal
believing Tom committed suicide, “had a strange fascination with death
and drowning” and that testimony used to convince jurors of murder was
“complete fiction.” At trial, prosecutors argued the mill workers formed an angry mob,
viciously beat Monfils for turning in a co-worker for stealing from the
mill, then threw his body in a pulp vat with a rope and weight tied
around his neck. The D.A.’s office stands by that to this day, calling it a “sensational and unsupported theory of suicide.” But by granting an evidentiary hearing, the judge who presided over
the lengthy 1995 trial, James Bayorgeon, says there’s reason to argue
the suicide theory in court and put witnesses on the stand. Bayorgeon will again preside over the hearing in July, then decide if Kutska deserves a new trial."The entire story can be found at: http://wbay.com/2015/04/15/judge-grants-new-hearing-for-kutska-in-monfils-death/Publisher's note from a previous post on the Monfils case: "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;
http://smithforensic.blogspot.ca/2011/03/monfils-conspiracy-2-conviction-of-six.htmlPUBLISHER'S NOTE: Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case. I
have added a search box for content in this blog which now encompasses
several thousand posts. The search box is located near the bottom of
the screen just above the list of links. I am confident that this
powerful search tool provided by "Blogger" will help our readers and
myself get more out of the site.
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 Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html I look forward to hearing from readers at:
My interest in forensic pathology began with my Toronto Star investigative reporting into once famed since disgraced former doctor Charles Smith. I began this Blog after retiring from the Star in 2006 in order to follow the aftermath into the independent Goudge inquiry into many of Smith's cases. I have now begun to focus on cases involving flawed forensic science no matter where they occur (the recent Amanda Knox prosecution in Italy, for example) and am fascinated by the interest in the Blog from people in countries throughout the world. In another development, my interest in "junk science" "pseudo-experts" and the miscarriages of justice they all too often cause has drawn me deeply into the on-going U.S. death penalty debate where so many troubling cases involve issues relating to DNA and other developments in the world of forensic science. For all of this I rely on my experience as a reporter at the Toronto Star, my work as a lawyer in Ontario's criminal courts, and my abhorrence of injustice. Please send cases and developments which may be of interest to this Blog to firstname.lastname@example.org. Read on! Harold Levy.