Defense
lawyers for a key defendant in the Thomas Monfils murder case were
denied access Wednesday to Monfils' and his wife's mental health and
marriage counseling records. However, reserve Circuit Court Judge
James Bayorgeon ruled Wednesday the defense should have access to other
non-privileged, non-confidential evidence, including lead detective
Randy Winkler's mental health and disability records. Keith
Kutska, 64, who is serving a life term in Columbia Correctional
Institution in Portage, convinced Bayorgeon earlier this year to
consider whether his conviction was unfair because of evidence that
wasn't presented at his 1995 trial in Brown County Court. Wednesday's
hearing was a precursor to a three-day evidentiary hearing at which
Bayorgeon will consider whether Kutska should have a new trial. Kutska
wasn't present during Wednesday's hearing, but is expected to be present
next week. Kutska and five others were convicted of conspiring to
murder Monfils in 1992 at the former James River Paper Mill in Green
Bay. Monfils was found dead in a paper pulp vat after reportedly being
missing from his work station in the mill. A 50-pound weight was tied to
his neck. Also convicted were Michael Hirn, 55, Dale Basten, 74,
Michael Johnson, 67, Rey Moore, 68, and Michael Piaskowski, 66, although
Piaskowski was released from prison in 2001 when a federal appeals
judge ruled there was insufficient evidence against him. 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. Bayorgeon presided
over that trial."
http://www.greenbaypressgazette.com/story/news/local/2015/07/01/tom-monfils-murder-case-headed-hearing-next-week-years-brown-county-convictions/29592263/