"Defense
lawyers for Keith Kutska tried to use a forensic pathologist's
testimony on Wednesday morning to cast doubt on Kutska's conviction for
his involvement in the death of Tom Monfils at the former James River
Mill in Green Bay.
Kutska, 64, and four others are serving life
sentences for Monfils' death. Monfils, 35, was found dead in 1992 in a
pulp vat at the mill with a 50-pound weight tied to his neck. Kutska,
64, is serving a life term in Columbia Correctional Institution in
Portage. He is arguing his 1995 conviction was unfair because evidence
suggesting that Monfils may have committed suicide wasn't presented at
his trial in Brown County Circuit Court. Wednesday's early testimony focused on conclusions drawn from the autopsy performed on Monfils' body. Dr.
Mary Ann Sens, a forensic pathologist and medical examiner in North
Dakota, said it would have been difficult if not impossible to determine
a cause of death through an autopsy on Monfils' body, given the degree
of decomposition. "I and my colleagues felt it should have been
undetermined," she said under questioning by defense lawyer Steven
Kaplan of Minneapolis. The late Dr. Helen Young, who performed the
original autopsy, concluded that Monfils' death was unlikely to have
been a suicide, according to an officer's statement that Kaplan
presented. Sens testified that would not have been a reasonable conclusion to draw based simply on the autopsy. She
agreed with Young's findings that Monfils would have been alive while
in the vat but said she could not tell what injuries might have occurred
before he went in or happened after he went in. Sens said she
could not exclude being struck by the vat propeller as the cause of a
fracture on Monfils' skull. Prosecutors previously indicated they
believed the fracture was caused by someone striking Monfils on the
head. Retired Outagamie County Judge James Bayorgeon, who heard
the original case, is presiding over Kutska's hearing, which is expected
to conclude Friday.......... Prosecutors
argued Kutska stole a piece of electrical wire from the mill, then
became angry when he learned Monfils reported the theft. Kutska
allegedly incited the others to rough up Monfils, and the group
conspired to dump him unconscious into the pulp vat, according to the
prosecution's case. Kutska now argues there's evidence to show
Monfils may have committed suicide, and evidence supporting that theory
wasn't properly presented and evaluated at the trial. Among other
witnesses planned for the three-day hearing are a Coast Guard knot
expert, expected to testify regarding the kinds of knots Monfils likely
would have learned during his stint in the Coast Guard. The
defense also is expected to present testimony by Royce Finne, Kutska's
original lawyer, and is expected to call an expert lawyer to testify to
the reasonableness and effectiveness of Kutska's original defense. Part
of Kutska's arguments also center on retired Green Bay police detective
Randy Winkler and whether he may have bullied witnesses into giving
false testimony."
http://www.greenbaypressgazette.com/story/news/local/2015/07/08/expert-cause-tom-monfils-death-unclear/29862945/