Wednesday, July 1, 2015

Bulletin: Keith Kutska: Wisconsin; (A key defendant in the Thomas Monfils murder case): Ruling earlier today: (Wednesday July 1, 2015); His lawyers denied access to Monfils' and his wife's mental health and marriage counseling records - but allowed acess to lead detective Randy Winkler's mental health and disability records. "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 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. Kutska wasn't present during Wednesday's hearing, but is expected to be present next week."

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/