STORY: "Kutska attorneys say state “absurdly mocks” suicide theory," by reporter Rhonda Roberts, published by WBAY on June 1, 2016.
GIST: "Lawyers representing a man sentenced to life in prison for a 1992 Green Bay murder have filed a reply with the Wisconsin Court of Appeals, saying the State has embellished facts in the Keith Kutska case. Attorneys for Kutska, one of six men originally convicted in the murder of Tom Monfils, say the state “absurdly mocks” the defense theory that the victim killed himself. In 1992, Monfils was found dead in a pulp vat at the Green Bay mill where he worked with the six men who were accused in his murder. They were called the “Monfils 6” as the high profile case was prosecuted in Brown County. During Keith Kutska’s trial, the state made the case that Kutska and the other men beat Monfils and put his body in the vat. Kutska was painted as a ringleader out to get Monfils for reporting Kutska for theft. Last summer, Kutska was granted an evidentiary hearing to present a theory that Monfils killed himself. However, the judge presiding over the hearing found there was not enough evidence to prove suicide and denied Kutska’s request for a new trial. In March, Kutska’s attorneys filed an appeal with the Wisconsin Court of Appeals, asking the state to grant a new trial. Wisconsin Attorney General Brad Schimel responded to that appeal in May, calling the suicide theory “so flimsy and unconvincing that no reasonable jury could have seriously entertained any doubt that he was murdered.” Schimel said, “The mere fact that 20 years after this conviction Kutska has dredged up evidence that was not presented at his trial is not a reason to give him a new trial.” In the response released Tuesday, Kutska’s attorneys say “Kutska has presented compelling evidence pointing toward suicide.” The reply says Dr. Mary Ann Sens rejected trial testimony from Dr. Helen Young, who presented the homicide conclusion that Monfils was beaten before entering the vat. The defense cites dismissed testimony from Dr. Sens, who found that Monfils was “indisputably alive when he entered the vat … There was no evidence confirming that any injury could only have been caused by beating.” Attorneys also argue that Kutska had ineffective counsel during the trial. “The tragic fact remains that Dr. Young’s claim to know what she did not know, combined with the defense counsel’s wholesale disregard of her assumptions, findings, and conclusions, profoundly misled the jury and courts.”.........There is no timeline for the Court of Appeals to make a decision in the Kutska case.........Kutska, Rey Moore, Dale Basten, Michael Hirn, and Michael Johnson remain behind bars for the murder of Monfils. Attempts for release on parole have been denied. Michael Piaskowski was released from prison after his conviction was overturned."
The entire story can be found at:
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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/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.
Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com;
Harold Levy;
Publisher: The Charles Smith Blog;
