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Downloaded from
YTS.MX

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Official YIFY movies site:
YTS.MX

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TRAINING VIDEO NARRATOR:
After paper has been made,

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it's reeled up
into a fiber core

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on a reel spool.

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After a roll is as large
as is desired,

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a new roll is started
with a second core.

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This on-the-run process

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of transferring the sheet
from a finished roll

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to a new core is
called a turnover.

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Here, Tom Monfils is applying
a two-sided tape to the core.

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The tape is used
to make the sheet stick to
the core during a turnover.

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Tom is dressed
for his television appearance

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with a safety breakaway
paper tie.

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NARRATOR: This is
the only surviving footage
of Tom Monfils at work.

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Is there anything
we can say about Tom
based on these images?

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Was he a happy person?

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Did he feel accepted
by his peers?

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What were his plans
for the future?

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We'll never know the answers
to these questions,

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because on
November 23rd, 1992,

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a missing person search
at James River Paper Mill

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in Green Bay, Wisconsin,
would conclude

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with the discovery
of his corpse.

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[THUNDER RUMBLING]

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[INDUSTRIAL CLATTERING]

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[BUBBLING]

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RANDY WINKLER: It appeared
to be a homicide immediately.

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There was, uh...

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a large hematoma
on Tom's head

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that was very evident
of a blow of some sort.

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The fact that there was
a rope around his neck,

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and the weight...

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I mean...

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uh...

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There's no way that...

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that was going to be ruled
anything else other than that.

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We have to go
with what we have now

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as the truth.

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And the truth is that,

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you know, these six men

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are guilty of murdering
Tom Monfils.

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[MYSTERIOUS MUSIC PLAYING]

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[INAUDIBLE DIALOGUE]

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MIKE PIASKOWSKI: Well,
I was born and raised
right in Green Bay, Wisconsin.

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Just, if you want
a quiet town life,

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that's a good place to live.

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Hard-working
blue-collar community.

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First thing I did was
I worked for the railroad.

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I worked on
the section crew,

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and then
I left the railroad

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and worked
for an auto-glass specialist.

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And then I enlisted
in the Army.

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And then we came down
on order for Vietnam.

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Because I didn't
go on to college,

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uh, I think
joining the military
made me grow up.

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My girlfriend, when I went
in there at the time,

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her name
was Margie Craning.

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You know,
when I first got out
of the service and,

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you know, she was there
waiting for me and...

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we started making plans
to get married.

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Actually, she got pregnant
and we got married...

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quicker because of that.

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I wanted to build a house.

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I wanted to get a decent job
with benefits, you know,

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the health insurance
and retirement plans

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and all those things.

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Took the job
that came first.

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And it just happened
to be a union mill.

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Papermaking was probably
the largest industry there.

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INTERVIEWER: What...
What kind of paper?

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Mostly towel and tissue.

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Uh, ass wipe, [CHUCKLING]
for lack of a better term.

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BRIAN KERHIN: Green Bay is
the toilet-paper capital
of the world.

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And the
James River Paper Mill,

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it's just off of downtown,
on the East side of downtown.

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These were not, um,

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mills out on the outskirts
of town

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in some industrial complex.

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James River is downtown.

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It's very close
to the police station.

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It's very close
to the newspaper building.

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It's close to
the courthouse.

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It is part of the town.

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CAL MONFILS:
And everybody knows
what's going on in that mill

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whether it's...
gossip or truth.

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In a sense, it was
like, you know,

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hitting a lottery

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when, you know,
when you were
accepted and...

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and you had this job
at the mill,

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because you really were
set for life,

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if you were okay
with doing that type of work.

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You know,
it paid good benefits.

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It was a job where you could
raise a family.

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If only dad worked, you could
raise a family in Green Bay.

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KEITH KUTSKA:
My name is Keith Kutska.

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I am one of the six defendants

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in the Tom Monfils
homicide case

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from the James River Paper Mill
in Green Bay.

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INTERVIEWER: How would you
describe Kutska to someone
who hasn't met him before?

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PIASKOWSKI: How would
I describe Kutska?

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Oh.

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He looks like
the Frito Bandito.

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Big, heavy mustache.

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I don't want to call him
a bully, but...

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If he could tease you
in any way
'cause you were...

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a little bit different
than the other...

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You know,
you got to pay your dues
before you can get to be

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in the same level
as everybody else.

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So, you...
you tease somebody

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to find out what level of...
where they're at.

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WINKLER:
I think it was on the...

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night of November 10th.

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Kutska and
another gentleman

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measured out some wire.

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One person needed 200 feet,

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and they measured out
200 feet.

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And then,
Kutska needed 16 feet

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to wire something
in a smokehouse.

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KUTSKA: Lots of guys often
took home scrap items

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from the mill
without written permission.

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WINKLER: Monfils saw that,
knowing that

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if somebody got
caught stealing,
they'd lose their job.

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[MALE OPERATOR OVER TAPE]

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[TOM MONFILS SPEAKING]

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My brother calling...

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calling in Keith Kutska
for stealing the cord. I...

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You know, that was for...
that was spite.

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00:10:42,193 --> 00:10:45,783
He was trying to get
Keith Kutska in a little bit
of trouble. I mean...

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Whether that little piece
of scrap cord left the mill
or not,

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it really didn't matter
to my brother, you know?

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DENIS GULLICKSON:
The mill and its workers work
a swing shift,

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and it's a heavy toll.

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They were proposing to go
to four 12-hour workdays.

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00:11:04,491 --> 00:11:07,459
And, you know, obviously,
like everything else,

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some guys had
no opinion, you know?

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00:11:09,738 --> 00:11:12,430
Other guys were
absolutely adamant

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they had keep things
the way they were.

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00:11:14,915 --> 00:11:18,367
CAL: I believe
that's probably the reason
my brother made the call.

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You know?
He really wanted
the 12-hour shift

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where, basically,
you would have
more time off.

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And...
and several people
wanted that.

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00:11:27,687 --> 00:11:29,896
And Keith Kutska,
you know,
was against it

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'cause, you know,
he had been there a long time.

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He was set in his ways.

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WINKLER: Kutska goes
to leave work that day,

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and the guards tell him
to open his bag.

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He said,
"No, I'm in a hurry."

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00:11:47,258 --> 00:11:48,638
They said "No. You need
to open your lunch box."

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"No, I'm in a hurry."
And he bolts.

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He goes to work
the next day

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and is called
into a disciplinary meeting

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and is given four days
of suspension without pay.

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KUTSKA: I was upset
and dumbfounded

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that anyone in the mill
would put my job

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and my family's well-being
in jeopardy

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00:12:06,380 --> 00:12:08,658
for something as common
and minor

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as taking a piece of wire
from a dumpster.

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00:12:12,179 --> 00:12:14,216
I later learned
that Tom himself

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had often taken items
from the mill,

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very likely
also without permission.

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GULLICKSON:
One of the managers says

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a call came from inside
the mill to the police
from an hourly employee.

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00:12:28,782 --> 00:12:33,407
And Keith Kutska now knows
that someone he works with

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called the police
about that wire in his bag.

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KUTSKA: I learned
that the police recorded
all 911 calls.

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00:12:42,762 --> 00:12:47,111
When I called the police,
they helped me
get the recording.

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00:12:47,145 --> 00:12:48,146
WINKLER:
On the tape, he said,

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"I want to
remain anonymous."

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00:12:51,080 --> 00:12:54,601
You cannot release
any information

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00:12:54,635 --> 00:12:57,431
about a person
once they say that.

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00:12:57,466 --> 00:13:00,055
A voice recording, well,
it's a giveaway.

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00:13:00,089 --> 00:13:02,540
So, he confides in
the Green Bay Police Department

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00:13:02,574 --> 00:13:05,163
and the district attorney,
telling 'em that,

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00:13:05,198 --> 00:13:06,475
you know, "I called this in"

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00:13:06,509 --> 00:13:08,788
and, you know, "The guy is
coming to get the tape."

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00:13:08,822 --> 00:13:10,790
[TOM SPEAKING]

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[MALE OPERATOR SPEAKING]

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He makes
a total of five calls

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00:13:38,265 --> 00:13:39,646
to the Green Bay
Police Department

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00:13:39,680 --> 00:13:42,338
in the week leading up
to his disappearance.

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00:13:42,373 --> 00:13:43,581
[TOM SPEAKING OVER TAPE]

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00:13:44,237 --> 00:13:45,479
[MALE OPERATOR SPEAKING]

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00:14:03,187 --> 00:14:05,499
They were told
to go get the tape,

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00:14:05,534 --> 00:14:08,468
hold it as evidence
and not release it.

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00:14:11,057 --> 00:14:12,679
And he just didn't do it.

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00:14:14,370 --> 00:14:15,855
He just...

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00:14:15,889 --> 00:14:17,580
didn't bother to get up
out of his chair

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00:14:17,615 --> 00:14:20,514
and walk 50 feet,
grab the tape and...

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00:14:21,584 --> 00:14:22,792
That would've been
the end of it.

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00:14:25,830 --> 00:14:27,625
KUTSKA:
When I left the station
with the recording,

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00:14:27,659 --> 00:14:29,799
I didn't know
who the caller was.

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00:14:29,834 --> 00:14:32,802
I had my suspicions,
but I didn't know.

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00:14:32,837 --> 00:14:36,841
When I played the recording,
I heard Tom's voice.

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00:14:36,876 --> 00:14:39,809
If the Green Bay
Police Department,

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00:14:40,603 --> 00:14:42,674
in an effort to protect

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00:14:42,709 --> 00:14:44,469
the identity of the person
on the tape,

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00:14:44,504 --> 00:14:46,402
had simply released

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00:14:46,437 --> 00:14:48,888
a written transcript
of the call,

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00:14:50,165 --> 00:14:51,649
we wouldn't be sitting here.

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00:15:05,905 --> 00:15:07,699
PIASKOWSKI: Tom was sitting
right there by the door

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00:15:07,734 --> 00:15:09,701
with his knees up
on the counter,

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00:15:09,736 --> 00:15:11,048
and he was reading
a newspaper.

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00:15:17,123 --> 00:15:19,366
Within less than a minute,

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00:15:19,401 --> 00:15:21,575
Keith Kutska walked in
and he had a tape,

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00:15:21,610 --> 00:15:23,853
small cassette tape player
in his hand.

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00:15:24,475 --> 00:15:25,994
He calls me, "Piaskowski."

208
00:15:26,028 --> 00:15:28,306
He said, "Piaskowski,
name that tune."

209
00:15:28,341 --> 00:15:30,412
-[CLICKS]
-[TOM SPEAKING ON TAPE]
I'd like to report

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00:15:30,446 --> 00:15:32,448
an employee theft

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00:15:32,483 --> 00:15:34,381
which is gonna occur
at James River.

212
00:15:34,415 --> 00:15:37,039
He set the tape player down
in front of Tom.

213
00:15:37,074 --> 00:15:39,110
-[OPERATOR ON TAPE]
Did you notify your security?
-[TOM] No, I didn't.

214
00:15:39,145 --> 00:15:40,801
PIASKOWSKI: Tom looked up
over his left shoulder

215
00:15:40,836 --> 00:15:44,805
and he had just
a total expression
of disbelief and awe.

216
00:15:44,840 --> 00:15:46,876
And his mouth just
was gaping open

217
00:15:46,911 --> 00:15:48,775
and his eyes were
really wide and...

218
00:15:50,328 --> 00:15:51,571
"Do you admit that's you?"

219
00:15:52,227 --> 00:15:53,400
Tom said, "What?"

220
00:15:53,435 --> 00:15:54,988
Like he didn't understand
the question.

221
00:15:57,025 --> 00:15:59,889
"Are you admitting that
that's you
on that police tape?"

222
00:16:01,512 --> 00:16:02,720
Tom said, uh,

223
00:16:02,754 --> 00:16:04,825
he admitted it.
He said "Yes."

224
00:16:04,860 --> 00:16:06,448
KUTSKA: He didn't give us
a good reason

225
00:16:06,482 --> 00:16:08,036
why he reported me
to the police,

226
00:16:08,070 --> 00:16:11,211
but I wanted him
and others at the mill
to know

227
00:16:11,246 --> 00:16:12,902
that we knew what he did.

228
00:16:14,421 --> 00:16:16,976
Kutska started saying,

229
00:16:17,010 --> 00:16:18,632
berating him a little bit,
"What'd you do that for?

230
00:16:18,667 --> 00:16:20,082
"We were talking
like good friends,

231
00:16:20,117 --> 00:16:22,636
"five minutes later,
or ten minutes later,
or whatever.

232
00:16:22,671 --> 00:16:25,708
"If you had a problem,
why didn't you say
something to me then?

233
00:16:25,743 --> 00:16:27,469
"That's malicious."

234
00:16:27,503 --> 00:16:28,711
And he, very indignantly,

235
00:16:28,746 --> 00:16:30,230
turned around
and walked out of the room.

236
00:16:33,061 --> 00:16:34,338
I don't swear often.

237
00:16:34,372 --> 00:16:35,787
On occasion I do,
but I don't swear often.

238
00:16:35,822 --> 00:16:37,824
But I said, "I just don't
fucking believe

239
00:16:37,858 --> 00:16:40,275
"that you would do that.
We're family.
We're friends."

240
00:16:40,309 --> 00:16:43,519
You know?
"We're a union."

241
00:16:48,040 --> 00:16:51,079
I took my readings
and I was gone
for five or ten minutes,

242
00:16:51,113 --> 00:16:53,012
and then I walked back
to the control room.

243
00:16:54,599 --> 00:16:57,602
I looked up
and Tom was at the controls,

244
00:16:57,637 --> 00:17:00,916
starting the 7:35-ish
turnover.

245
00:17:03,367 --> 00:17:05,645
TRAINING VIDEO NARRATOR:
After a roll is as large
as is desired,

246
00:17:05,679 --> 00:17:08,060
a new roll is started
with a second core.

247
00:17:08,096 --> 00:17:10,166
This on-the-run process
of transferring the sheet

248
00:17:10,201 --> 00:17:14,067
from a finished roll
to a new core
is called a turnover.

249
00:17:14,102 --> 00:17:17,829
Here, Tom Monfils is applying
two-sided tape to the core.

250
00:17:17,864 --> 00:17:20,487
PIASKOWSKI:
He goes to the left
and runs the crane

251
00:17:20,521 --> 00:17:22,972
that lifts the big roll
of paper out and they move it
out of there like that.

252
00:17:23,007 --> 00:17:24,664
Well, I can't see
any of that happen anymore,

253
00:17:24,698 --> 00:17:26,079
because there's
a big control panel

254
00:17:26,114 --> 00:17:28,253
in right my line of vision
from sitting

255
00:17:28,288 --> 00:17:30,083
in the control room
where I was sitting.

256
00:17:32,810 --> 00:17:34,570
And I never saw Tom again.

257
00:17:35,157 --> 00:17:36,262
And that's a fact.

258
00:17:38,333 --> 00:17:42,061
WINKLER: Monfils just
magically disappears.

259
00:17:43,648 --> 00:17:48,205
I'm sure that
if the TV show4400 would've
been around at the time,

260
00:17:48,239 --> 00:17:50,207
they would've said
he was abducted, you know.

261
00:17:50,241 --> 00:17:51,967
They... [BLOWS RASPBERRY] Gone.
You know? [CHUCKLES]

262
00:17:52,001 --> 00:17:55,833
Because it was...
they wanted it
to appear just that way.

263
00:17:57,800 --> 00:17:59,768
PIASKOWSKI: I looked down
and Tom wasn't around.

264
00:17:59,802 --> 00:18:01,183
There wasn't anybody
by my machine.

265
00:18:01,218 --> 00:18:02,702
And there should be.

266
00:18:03,461 --> 00:18:04,738
If Tom's not around,

267
00:18:04,773 --> 00:18:05,843
I'll get him in trouble.

268
00:18:08,432 --> 00:18:10,710
I immediately grabbed
the phone and I called
the office

269
00:18:10,744 --> 00:18:12,263
and I got a hold
of the foreman.

270
00:18:12,298 --> 00:18:13,437
He said, "What's going on?"

271
00:18:13,471 --> 00:18:14,748
I said, 'Well, there's
a whole bunch of shit going on.

272
00:18:14,783 --> 00:18:15,784
"You better
get down here fast."

273
00:18:15,818 --> 00:18:17,579
Well, I wanted
to get him down here

274
00:18:17,613 --> 00:18:19,236
so he showed up
before Tom showed up.

275
00:18:20,547 --> 00:18:21,583
Tom would have
egg on his face,

276
00:18:21,617 --> 00:18:23,102
and I'd be able to say, "See?"

277
00:18:28,831 --> 00:18:31,938
The more and more time went by
without finding any answers,

278
00:18:31,972 --> 00:18:34,837
the more and more,
uh, serious it got.

279
00:18:36,529 --> 00:18:37,564
STEVE STEIN:
I thought it was weird.

280
00:18:37,599 --> 00:18:39,808
I was like, "Wow.

281
00:18:39,842 --> 00:18:41,223
"Where the heck would he go?"

282
00:18:42,397 --> 00:18:43,743
[FAINT WHIRRING]

283
00:18:45,400 --> 00:18:48,023
The buzz around the mill
was that he had left,

284
00:18:48,057 --> 00:18:50,922
or walked off
the premises.

285
00:18:52,855 --> 00:18:54,650
They didn't realize
he was still in the mill.

286
00:19:03,694 --> 00:19:05,213
PIASKOWSKI:
At 7 o'clock, they said,

287
00:19:05,247 --> 00:19:08,216
"Well, let's stop
at Carla Jean's
and iron this out,

288
00:19:08,250 --> 00:19:09,907
or figure this out,
or something.

289
00:19:12,081 --> 00:19:15,154
Lepeck said,
"What if Monfils is
in the parking lot

290
00:19:15,188 --> 00:19:16,948
"and he's got
a deer rifle with him?"

291
00:19:16,983 --> 00:19:19,158
You know?
We both stepped away
from Kutska,

292
00:19:19,192 --> 00:19:20,745
you know, joking,
kind of like that.

293
00:19:20,780 --> 00:19:21,953
And I went
to the middle of the road,

294
00:19:21,988 --> 00:19:23,334
and I said, you know,
followed the joke along,

295
00:19:23,369 --> 00:19:24,991
I said, "Yeah.
Hit the dirt or start running.

296
00:19:25,025 --> 00:19:27,096
"Just like in 'Nam
or something."
I said to him.

297
00:19:27,131 --> 00:19:28,339
[IMPERCEPTIBLE]

298
00:19:32,792 --> 00:19:35,588
STEIN: They were
talking about shutting
all of the machines down

299
00:19:35,622 --> 00:19:40,662
and starting to drain
the pulp vats
and stuff like that,

300
00:19:40,696 --> 00:19:42,146
just to start
checking to see,

301
00:19:42,181 --> 00:19:44,079
-because they couldn't
find him anywhere.
-[BUBBLING]

302
00:19:44,113 --> 00:19:45,805
And they asked me
if I would do it.

303
00:19:45,839 --> 00:19:47,738
And I said I would do it.

304
00:19:49,084 --> 00:19:51,086
I actually did it
because I couldn't
believe it.

305
00:19:51,120 --> 00:19:52,950
I was, like,
"Well, I got to see this,

306
00:19:52,984 --> 00:19:53,882
"because I don't
believe that...

307
00:19:53,916 --> 00:19:55,746
"that he's in this tank."

308
00:19:58,473 --> 00:19:59,681
He was in there.

309
00:19:59,715 --> 00:20:01,683
PIASKOWSKI: Well,
my very first thought was

310
00:20:01,717 --> 00:20:03,616
they found him
in the tissue chest.

311
00:20:03,650 --> 00:20:05,031
The tissue chest had
to be empty.

312
00:20:05,065 --> 00:20:06,515
He was just
hiding in there.

313
00:20:06,550 --> 00:20:09,000
I said, "Well,
that's where he was."
You know?

314
00:20:09,035 --> 00:20:12,349
And then they told me
he was passed away, dead,

315
00:20:12,383 --> 00:20:13,557
and I couldn't believe it.

316
00:20:13,591 --> 00:20:15,144
That's... that's insane.

317
00:20:15,179 --> 00:20:16,180
That's crazy.

318
00:20:16,215 --> 00:20:17,077
[MACHINERY WHIRRING]

319
00:20:27,467 --> 00:20:28,572
Just...

320
00:20:28,606 --> 00:20:29,780
hard to... hard to accept,

321
00:20:29,814 --> 00:20:31,920
you know, that something
like that could happen

322
00:20:31,954 --> 00:20:33,232
in our little mill,
our little...

323
00:20:34,509 --> 00:20:36,200
family.

324
00:20:36,235 --> 00:20:37,236
[MACHINERY WHIRRING]

325
00:20:44,173 --> 00:20:47,142
STEIN: The atmosphere
in the mill became

326
00:20:47,176 --> 00:20:49,178
like you were walking
on eggshells.

327
00:21:18,656 --> 00:21:22,867
KERHIN: Everybody, at first,
was really angered
at the Police Department

328
00:21:22,902 --> 00:21:25,284
for being so foolish
to give a voice recording.

329
00:21:28,908 --> 00:21:31,151
Had it not been released,

330
00:21:31,186 --> 00:21:33,153
I don't think
there would've been a homicide.

331
00:21:39,505 --> 00:21:44,751
STEIN: Well, I believe
it was the day after that
they found Tom, uh...

332
00:21:44,786 --> 00:21:46,719
they came to my house.

333
00:21:46,753 --> 00:21:49,135
First thing they said was,
"We're here

334
00:21:49,169 --> 00:21:51,896
"because we believe
you killed Tom Monfils."

335
00:21:52,794 --> 00:21:54,968
And I was like...

336
00:21:55,003 --> 00:21:57,523
"Uh... wait a minute.
I wasn't even there."

337
00:21:57,557 --> 00:22:02,113
And then they proceeded
to tell me how I snuck back
into the mill

338
00:22:02,148 --> 00:22:03,943
and I did this,
and I did that,

339
00:22:03,977 --> 00:22:06,463
right in front of my family,
right in front of my kids.

340
00:22:06,497 --> 00:22:11,053
"We've got enough on you
to get you fired
from your job."

341
00:22:11,088 --> 00:22:12,986
"Your family loves you,
but they're not gonna
love you

342
00:22:13,021 --> 00:22:15,610
"when they find out
what kind of a scumbag
you are."

343
00:22:15,644 --> 00:22:17,474
INTERVIEWER:
So it wasn't just,
like, one officer?

344
00:22:17,508 --> 00:22:19,234
This was a system-wide...

345
00:22:19,268 --> 00:22:22,030
Well, it was one
in particular.

346
00:22:27,863 --> 00:22:29,106
He's quite a piece of work.

347
00:22:31,108 --> 00:22:32,972
We're talking
about Randy Winkler.

348
00:22:35,630 --> 00:22:40,289
Randy Winkler came to my house
one Sunday afternoon.

349
00:22:44,190 --> 00:22:45,812
He came up and he says,
"Steve, you never signed

350
00:22:45,847 --> 00:22:47,745
"your affidavit
from yesterday."

351
00:22:47,780 --> 00:22:48,850
And I said, "Sure I did."

352
00:22:48,884 --> 00:22:51,059
He said,
"No, you never signed it."

353
00:22:51,093 --> 00:22:53,233
And I said,
"Yeah, I signed it."

354
00:22:53,268 --> 00:22:55,097
"No. You never signed it."

355
00:22:55,132 --> 00:22:56,720
He says, "Here, just sign it
quick," he says.

356
00:22:56,754 --> 00:22:58,031
"I'll get on my way."

357
00:22:59,723 --> 00:23:00,931
I was ready to sign it.

358
00:23:00,965 --> 00:23:02,415
I had it on my workbench.
I was ready to sign it

359
00:23:02,450 --> 00:23:03,899
and my wife came out
and she says,

360
00:23:03,934 --> 00:23:04,969
"Steve, what are you doing?"
And I said,

361
00:23:05,004 --> 00:23:06,246
"I'm going to sign this."

362
00:23:06,281 --> 00:23:09,180
And she says,
"Well, did you read it?"

363
00:23:09,215 --> 00:23:11,597
And I said,
"No, I didn't read it."

364
00:23:12,391 --> 00:23:13,806
And Randy was like,
"No, no, no.

365
00:23:13,840 --> 00:23:15,255
"Just let him sign it.
I got to get going."

366
00:23:17,741 --> 00:23:22,090
He had it written down
that I told him that
Mike Piaskowski told me

367
00:23:22,124 --> 00:23:24,092
that he knew what happened.

368
00:23:24,126 --> 00:23:25,921
And I said,
"I never told you that."

369
00:23:25,956 --> 00:23:29,062
"I never told you that,
'cause Mike's never said
that to me."

370
00:23:29,097 --> 00:23:30,201
He grabbed that paper.

371
00:23:30,236 --> 00:23:32,480
He got so mad, he ripped that up

372
00:23:32,514 --> 00:23:33,791
and he swore at me

373
00:23:33,826 --> 00:23:35,690
and he pointed
his finger at me.

374
00:23:35,724 --> 00:23:37,139
And he says,
"I'm gonna get you.

375
00:23:37,174 --> 00:23:38,969
"I'm gonna
implicate you somehow."

376
00:23:40,522 --> 00:23:41,661
Thank God for my wife.

377
00:23:41,696 --> 00:23:43,111
She... she...

378
00:23:43,145 --> 00:23:44,423
Uh, 'cause I was
ready to sign it.

379
00:23:59,127 --> 00:24:00,749
WINKLER: I think I was...

380
00:24:00,784 --> 00:24:02,095
I was meant to be a cop.

381
00:24:05,996 --> 00:24:07,238
My dad was a farmer.

382
00:24:09,102 --> 00:24:11,035
And one particular night,

383
00:24:11,070 --> 00:24:13,521
my dad was stopped
by a state trooper.

384
00:24:13,555 --> 00:24:15,902
And he had
a tail light burnt out.

385
00:24:15,937 --> 00:24:17,421
And it was dark.

386
00:24:17,456 --> 00:24:21,460
And the trooper went
to his trunk of his car,

387
00:24:21,494 --> 00:24:24,221
pulled out a screwdriver
and a light bulb,

388
00:24:24,255 --> 00:24:26,119
changed the light,
put it in

389
00:24:26,154 --> 00:24:28,259
and away we went.

390
00:24:28,294 --> 00:24:31,055
And I just thought
that was the coolest thing.

391
00:24:32,022 --> 00:24:34,300
He could have...

392
00:24:34,334 --> 00:24:37,786
just, "Nah,
I'm not even going
to bother," you know?

393
00:24:37,821 --> 00:24:39,478
You know, or given him
a warning

394
00:24:39,512 --> 00:24:41,756
to have him fix it himself,
or something like that.

395
00:24:41,790 --> 00:24:46,450
But instead, no, he actually
took an effort and...

396
00:24:46,485 --> 00:24:48,556
and did something good
for somebody.

397
00:24:52,525 --> 00:24:55,355
That's when I made
the decision
I wanted to become a cop.

398
00:24:55,390 --> 00:24:57,496
Because I wanted
to be able to help people.

399
00:25:08,990 --> 00:25:11,199
I started out
in the patrol division.

400
00:25:11,233 --> 00:25:13,132
I started out
walking a beat.

401
00:25:13,650 --> 00:25:15,375
[INDISTINCT CHATTER]

402
00:25:15,410 --> 00:25:18,931
Walking a beat was
one of the most
fantastic experiences

403
00:25:18,965 --> 00:25:20,208
I've ever had.

404
00:25:22,175 --> 00:25:24,592
Walking into the bars
on Broadway...

405
00:25:24,626 --> 00:25:27,698
Today Broadway is
nothing like it was

406
00:25:27,733 --> 00:25:29,320
back in the '70s, you know?

407
00:25:31,150 --> 00:25:32,392
You had to
earn your respect

408
00:25:32,427 --> 00:25:34,636
when you walked into a place,
you know?

409
00:25:34,671 --> 00:25:36,155
You couldn't be...

410
00:25:36,880 --> 00:25:39,227
hard.

411
00:25:39,261 --> 00:25:44,266
If you walked into a bar
and they were shooting craps
on the bar,

412
00:25:44,301 --> 00:25:46,510
rather than bust 'em,
or arrest 'em for it,

413
00:25:46,545 --> 00:25:48,788
you just looked out
the window,

414
00:25:48,823 --> 00:25:51,515
and when you looked back,
the dice were off the bar.

415
00:25:52,792 --> 00:25:54,518
They didn't disrespect you

416
00:25:55,036 --> 00:25:57,417
and you didn't

417
00:25:57,452 --> 00:25:59,661
have to do things
that you didn't want to do.

418
00:26:03,285 --> 00:26:05,218
When you get
into detectives,

419
00:26:05,253 --> 00:26:07,358
it becomes
much more serious.

420
00:26:09,050 --> 00:26:11,397
You have to be...
very, very careful

421
00:26:11,431 --> 00:26:14,607
that you have
the right person.

422
00:26:14,642 --> 00:26:18,922
You definitely don't want
to accuse anyone
of something that...

423
00:26:18,956 --> 00:26:21,131
or point 'em out,
even as a suspect

424
00:26:21,165 --> 00:26:22,822
in something
that they didn't do.

425
00:26:29,898 --> 00:26:31,693
PIASKOWSKI:
She wanted time.
She wanted space.

426
00:26:31,728 --> 00:26:33,453
You know, how they, uh...

427
00:26:33,488 --> 00:26:35,007
I didn't know
about the boyfriend.

428
00:26:35,041 --> 00:26:36,664
I was suspicious,
but I didn't know.

429
00:26:39,183 --> 00:26:40,909
I think deep down,
I always thought that...

430
00:26:40,944 --> 00:26:42,428
that she'd come back.

431
00:26:43,912 --> 00:26:44,844
She's still with the guy.

432
00:26:45,811 --> 00:26:47,502
And he's yet to have a job.

433
00:26:48,710 --> 00:26:49,815
A decent job. Huh.

434
00:26:50,436 --> 00:26:52,162
He's a loser. Nice guy.

435
00:26:52,196 --> 00:26:54,267
One of those friendly kind,
you know, and...

436
00:26:55,268 --> 00:26:56,476
drummer in a band.

437
00:26:59,652 --> 00:27:00,895
Just be totally honest
with you,

438
00:27:00,929 --> 00:27:04,415
I wasn't
totally faithful either.
Uh...

439
00:27:04,450 --> 00:27:09,041
So I was willing
to put the past behind us.

440
00:27:09,075 --> 00:27:11,699
Once it came to light,

441
00:27:11,733 --> 00:27:14,391
when she said that
she wanted a divorce,
that...

442
00:27:14,425 --> 00:27:16,669
I was willing to do whatever
it took to make it right.

443
00:27:16,704 --> 00:27:17,946
[INDISTINCT CHATTER]

444
00:27:17,981 --> 00:27:19,430
PIASKOWSKI:
Steve Stein and I went
to Murphy's Pub,

445
00:27:19,465 --> 00:27:21,191
had a fish dinner and...

446
00:27:21,225 --> 00:27:23,296
and drank a little bit
too much that night.

447
00:27:23,331 --> 00:27:24,988
I was kind of drowning
my sorrows,

448
00:27:25,022 --> 00:27:26,092
so to speak like that.

449
00:27:26,127 --> 00:27:27,956
And then I ended up
having a...

450
00:27:27,991 --> 00:27:31,304
an interview with the police
the next morning,
and I was quite hungover.

451
00:27:33,582 --> 00:27:35,481
Not a wise decision
to get drunk like that.

452
00:27:37,690 --> 00:27:41,280
I'm foggy and I'm not
feeling good. I'm...

453
00:27:41,314 --> 00:27:42,695
Stomachache, or headache,

454
00:27:42,730 --> 00:27:44,559
or whatever I happen to have
at the time, or both.

455
00:27:46,492 --> 00:27:48,287
I liked the guy.
[CHUCKLES]

456
00:27:48,321 --> 00:27:51,048
He's, you know, anybody
with a name like Randy,

457
00:27:51,083 --> 00:27:52,153
it's not Randall,

458
00:27:52,187 --> 00:27:54,431
or Ed, it's Eddie.
You know?

459
00:27:54,465 --> 00:27:57,745
Anybody with an "ie" on,
it's very endearing, I think.

460
00:27:57,779 --> 00:28:00,402
I didn't learn
what kind of a guy
he truly was

461
00:28:00,437 --> 00:28:02,473
until I found out
how he thinks.

462
00:28:02,508 --> 00:28:04,683
He thinks a little strange,
in my opinion.

463
00:28:06,857 --> 00:28:11,759
WINKLER: You get to know
these people and almost,
um...

464
00:28:14,762 --> 00:28:16,798
want to be friends
with them, you know,

465
00:28:16,833 --> 00:28:19,490
and... that can...

466
00:28:19,525 --> 00:28:20,837
But you can't.
You can't do it.

467
00:28:20,871 --> 00:28:23,322
You can't allow
your judgment
to be clouded.

468
00:28:24,461 --> 00:28:25,980
You know, I always would
try to get them in

469
00:28:26,014 --> 00:28:29,500
and get them to tell you
a lie right off the bat,

470
00:28:29,535 --> 00:28:32,469
so that you can tell
when they're lying to you.

471
00:28:32,503 --> 00:28:34,229
INTERVIEWER: How do you get
someone to tell you a lie?

472
00:28:36,335 --> 00:28:38,233
Have you ever stolen
anything from work?

473
00:28:39,234 --> 00:28:41,236
Probably but, I don't...
Yeah, right.

474
00:28:41,271 --> 00:28:43,618
-You don't... [LAUGHS]
-[LAUGHS]

475
00:28:43,652 --> 00:28:46,794
You know... And no,
I never did. You know?

476
00:28:46,828 --> 00:28:49,486
And, well, everybody has.

477
00:28:50,901 --> 00:28:54,146
Life in a paper mill is
pretty mundane.

478
00:28:54,180 --> 00:28:55,699
I mean, it's...

479
00:28:55,734 --> 00:28:57,494
You know,
it's the same thing

480
00:28:57,528 --> 00:28:59,945
day after day
after day after day.

481
00:29:00,773 --> 00:29:01,947
Now, this day...

482
00:29:03,086 --> 00:29:04,501
is an exciting day.

483
00:29:05,053 --> 00:29:06,434
Keith Kutska,

484
00:29:07,124 --> 00:29:08,298
on Friday night,

485
00:29:08,332 --> 00:29:10,403
had already called
everybody in the mill

486
00:29:10,438 --> 00:29:11,888
and told 'em
he's got the tape.

487
00:29:11,922 --> 00:29:14,269
He played it to a few of 'em
over the phone,

488
00:29:14,304 --> 00:29:16,824
told everybody to come up
and listen to it.

489
00:29:16,858 --> 00:29:20,413
Uh, now, this is
a big, exciting time.

490
00:29:20,448 --> 00:29:21,587
Big excitement.

491
00:29:21,621 --> 00:29:23,071
Big thing happening
in the mill.

492
00:29:23,106 --> 00:29:24,832
It's not the mundane...

493
00:29:25,487 --> 00:29:27,282
average everyday thing.

494
00:29:28,180 --> 00:29:30,044
All those people
that were there

495
00:29:30,976 --> 00:29:33,047
now have lapse of memory.

496
00:29:33,081 --> 00:29:34,462
Mike Piaskowski
can't remember

497
00:29:34,496 --> 00:29:35,946
"Did I do this or did do that?

498
00:29:35,981 --> 00:29:39,191
"Well, I assume I did this,
and I assume I did that,

499
00:29:39,225 --> 00:29:41,365
"and I probably would
have done this,

500
00:29:41,400 --> 00:29:42,815
"and I might have done that.

501
00:29:42,850 --> 00:29:45,369
"But I'm not sure.
And if somebody
said I did it,

502
00:29:45,404 --> 00:29:47,544
"I probably did it,
but I may not have
done it."

503
00:29:47,578 --> 00:29:48,856
PIASKOWSKI:
Winkler's sitting,

504
00:29:48,890 --> 00:29:51,030
his face inches
from mine, sideways,

505
00:29:51,065 --> 00:29:53,826
screaming at me, the spit's
coming in my face, you know?

506
00:29:53,861 --> 00:29:54,723
And I'm thinking,

507
00:29:54,758 --> 00:29:56,277
you know,
I'm in my own mind,

508
00:29:56,311 --> 00:29:58,762
I'm looking down
at this situation
that I'm sitting in,

509
00:29:58,797 --> 00:30:01,316
thinking, "They've got
to go through this stuff."

510
00:30:01,351 --> 00:30:02,421
Sooner or later,
they'll realize

511
00:30:02,455 --> 00:30:03,802
they're barking
up the wrong tree.

512
00:30:03,836 --> 00:30:05,493
And they'll go bark
somewhere else.

513
00:30:07,495 --> 00:30:09,152
Then Winkler will
slam the table

514
00:30:09,186 --> 00:30:10,636
and he'll do
all kinds of gyrations

515
00:30:10,670 --> 00:30:12,534
and try to
get you excited,

516
00:30:12,569 --> 00:30:14,329
try to make you stumble,

517
00:30:14,364 --> 00:30:16,090
uh, try to confuse you.

518
00:30:18,609 --> 00:30:19,818
WINKLER:
Yeah, I'm not a bad cop.

519
00:30:21,267 --> 00:30:23,442
I'm not a bully,
or a... [CHUCKLES]

520
00:30:23,476 --> 00:30:26,963
uh, a hard person to talk to,
you know? It's...

521
00:30:27,998 --> 00:30:31,795
I can get stern at times
when... when I need to.

522
00:30:31,830 --> 00:30:33,141
"Come on, tell me."

523
00:30:33,176 --> 00:30:34,280
You know?

524
00:30:34,315 --> 00:30:36,282
Get pointed
with questions and...

525
00:30:36,317 --> 00:30:38,181
"Come on. I know
that's not the truth.

526
00:30:38,215 --> 00:30:39,699
"I need the truth from you.

527
00:30:39,734 --> 00:30:41,253
"Now just tell me the truth."

528
00:30:41,287 --> 00:30:43,082
"Don't tell me that.

529
00:30:43,117 --> 00:30:44,463
"I know that's a lie."

530
00:30:44,497 --> 00:30:46,603
Or, you know,
even stronger than that.

531
00:30:46,637 --> 00:30:49,606
"I know you know this.
Just... just come out...

532
00:30:49,640 --> 00:30:51,884
"It's not going to hurt you
to tell us the truth."

533
00:30:51,919 --> 00:30:55,543
I'm close.
Personal touching,
you know,

534
00:30:55,577 --> 00:30:57,234
in your space, you know?

535
00:30:57,269 --> 00:31:00,789
And it's hard
for you to avoid me,

536
00:31:00,824 --> 00:31:03,137
because you're going to,
you know, you're...

537
00:31:03,171 --> 00:31:04,345
you're right with me,
you know?

538
00:31:04,379 --> 00:31:06,278
And I'm right with you,
you know? So...

539
00:31:06,312 --> 00:31:07,486
And that's how it's done.

540
00:31:13,423 --> 00:31:16,426
CAL: The first time
the medical examiner said
how he died,

541
00:31:16,460 --> 00:31:17,392
you know, it was two words,

542
00:31:17,427 --> 00:31:18,842
"Ligature strangulation."

543
00:31:21,500 --> 00:31:22,604
KLEMM: He had
injuries to his scalp.

544
00:31:22,639 --> 00:31:23,640
He had a skull fracture.

545
00:31:23,674 --> 00:31:24,883
He had a fracture of the jaw.

546
00:31:24,917 --> 00:31:26,746
He had injuries
to his abdomen.

547
00:31:28,334 --> 00:31:31,441
We know
that Tom Monfils was alive,

548
00:31:31,475 --> 00:31:32,545
at least briefly,

549
00:31:32,580 --> 00:31:34,651
at the bottom
of the pulp vat.

550
00:31:34,685 --> 00:31:39,173
Uh, pulp is the raw material
that goes into making paper.

551
00:31:39,207 --> 00:31:40,657
It's wood and liquid.

552
00:31:40,691 --> 00:31:42,555
He had that in his lungs.

553
00:31:42,590 --> 00:31:44,109
So he was alive in the vat.

554
00:31:44,143 --> 00:31:48,837
He had the weight attached
around his neck with a rope.

555
00:31:48,872 --> 00:31:50,978
And Helen Young
described him

556
00:31:51,012 --> 00:31:54,878
as having both suffocated
and been strangled.

557
00:31:57,398 --> 00:32:00,125
Once he entered the vat
with the weight
around his neck,

558
00:32:00,159 --> 00:32:01,160
he was never coming out.

559
00:32:01,195 --> 00:32:02,541
There was
no way out for him.

560
00:32:17,176 --> 00:32:19,799
When you look at
what happened
to Tom Monfils,

561
00:32:19,834 --> 00:32:22,941
you understand why people were
reluctant to come forward.

562
00:32:25,633 --> 00:32:30,707
WINKLER: People really want
to distance themselves
from that case.

563
00:32:30,741 --> 00:32:33,020
Most people wanted
to stay away from it,

564
00:32:33,054 --> 00:32:35,608
you know,
at arm's length, because...

565
00:32:37,541 --> 00:32:39,302
it was obvious

566
00:32:39,336 --> 00:32:40,579
it was not going
to turn out good

567
00:32:40,613 --> 00:32:43,651
for whoever did
the investigation.

568
00:32:44,203 --> 00:32:45,860
Somebody...

569
00:32:45,894 --> 00:32:48,552
had to grab the reins
and let's go.

570
00:32:48,587 --> 00:32:50,761
Let's get something done.

571
00:32:50,796 --> 00:32:54,282
And finally
I just said I'll do it.

572
00:32:54,317 --> 00:32:55,732
That I'm going to take it over.

573
00:32:55,766 --> 00:32:57,630
I'll take lead on it.

574
00:32:58,666 --> 00:33:01,151
And I think there was, like,

575
00:33:01,186 --> 00:33:04,223
thirty sighs of relief
in the room. [LAUGHS]

576
00:33:04,258 --> 00:33:05,604
"Finally, some idiot took it."

577
00:33:05,638 --> 00:33:07,640
[LAUGHS] You know, so...

578
00:33:07,675 --> 00:33:09,711
And that was me, I guess.

579
00:33:17,616 --> 00:33:20,377
JOHN ZAKOWSKI: You don't have
to have an eyewitness.

580
00:33:20,412 --> 00:33:22,793
You don't have
to have a photograph.

581
00:33:22,828 --> 00:33:26,728
There's a jury instruction
that says
circumstantial evidence

582
00:33:26,763 --> 00:33:30,387
is many times more powerful
than direct evidence.

583
00:33:30,422 --> 00:33:34,081
And over our many years
in the D.A.'s office,
I think that's true.

584
00:33:35,806 --> 00:33:37,946
Circumstantial evidence
is used

585
00:33:37,981 --> 00:33:40,777
to describe the totality
of the evidence.

586
00:33:40,811 --> 00:33:42,296
They are all
pieces of evidence.

587
00:33:42,330 --> 00:33:44,022
They're all
pieces of a puzzle.

588
00:33:44,988 --> 00:33:46,300
And, so they...

589
00:33:46,334 --> 00:33:49,993
You put together
all of these pieces
in the puzzle.

590
00:33:50,028 --> 00:33:52,271
Let's say it's a portrait
of Abe Lincoln,

591
00:33:52,306 --> 00:33:53,617
and it's a 100-piece puzzle

592
00:33:53,652 --> 00:33:55,516
and you've got 96 pieces.

593
00:33:55,550 --> 00:33:57,069
Well, you might have
four pieces missing,

594
00:33:57,104 --> 00:33:59,485
but after
all these pieces
are together,

595
00:33:59,520 --> 00:34:00,728
you can figure out
who it is,

596
00:34:00,762 --> 00:34:01,798
you can figure out
what happened.

597
00:34:01,832 --> 00:34:03,144
You can figure out
the truth.

598
00:34:09,563 --> 00:34:12,152
INTERVIEWER:
When did you start
taking personal notes

599
00:34:12,188 --> 00:34:15,674
of, like, just things
you were thinking,
noticing?

600
00:34:15,708 --> 00:34:17,985
Uh, I think
my attorney told me that.

601
00:34:18,021 --> 00:34:20,402
"Whenever you hear anything,
write it down."

602
00:34:20,437 --> 00:34:21,887
'Cause it can only help you.

603
00:34:21,920 --> 00:34:24,268
Especially if you got
a Polish memory like mine.
So...

604
00:34:25,511 --> 00:34:28,790
PIASKOWSKI:
"February 22nd. 8:55 p.m.

605
00:34:28,824 --> 00:34:30,137
"Al said
the mill was setting up

606
00:34:30,170 --> 00:34:32,449
"Winkler with an office
for the interviews again.

607
00:34:32,484 --> 00:34:33,795
"He commented,

608
00:34:33,830 --> 00:34:35,797
"'This only proves
that the police are lost.'"

609
00:34:36,867 --> 00:34:39,007
"October 24th, 1993.

610
00:34:39,042 --> 00:34:40,768
"Tom's paranoia might've
caused him

611
00:34:40,802 --> 00:34:42,666
"to plan a possible suicide.

612
00:34:42,701 --> 00:34:44,322
"Getting a rope
and weight ready,

613
00:34:44,358 --> 00:34:47,223
"maybe placing them
on the catwalk
above the chests.

614
00:34:47,257 --> 00:34:49,880
"Did the cops check out
the area above the chests?

615
00:34:49,915 --> 00:34:52,607
"Did they take any photographs
of those areas?"

616
00:34:52,641 --> 00:34:54,126
"Rumor mill at James River.

617
00:34:54,161 --> 00:34:56,473
"Possibly Tom Monfils had
the goods on someone else

618
00:34:56,507 --> 00:34:57,854
"in a major way,

619
00:34:57,888 --> 00:34:59,959
"and those persons took
advantage of the situation?"

620
00:35:19,324 --> 00:35:21,912
KERHIN: It's the hard thing
to help people comprehend

621
00:35:21,947 --> 00:35:23,811
twenty years later,
talking about it,

622
00:35:24,915 --> 00:35:26,986
is what two and
a half years...

623
00:35:27,539 --> 00:35:29,334
no answers meant.

624
00:35:30,473 --> 00:35:31,922
It happens in November,

625
00:35:31,957 --> 00:35:34,166
and you go
a whole another year,

626
00:35:34,201 --> 00:35:35,374
and a whole another year.

627
00:35:37,411 --> 00:35:38,619
Who haven't we talked to

628
00:35:38,653 --> 00:35:41,242
and what is the question
we haven't asked?

629
00:35:41,277 --> 00:35:44,038
What is the question
we should be asking
of what person?

630
00:35:46,282 --> 00:35:49,008
ZAKOWSKI: In this case, I think
that was understandable,

631
00:35:49,043 --> 00:35:51,494
that any law enforcement
felt more pressure.

632
00:35:51,528 --> 00:35:52,598
They felt more pressure.

633
00:35:52,633 --> 00:35:53,875
They felt
like they were under the gun,

634
00:35:53,910 --> 00:35:57,569
especially once
that tape was released.

635
00:35:57,603 --> 00:36:00,123
WINKLER: And I had
some allies, um,

636
00:36:00,675 --> 00:36:01,849
in the mill,

637
00:36:01,883 --> 00:36:04,714
and I needed
their... their support.

638
00:36:05,818 --> 00:36:07,372
And that person said, [SIGHS]

639
00:36:07,406 --> 00:36:09,581
"You know,
I don't think you're
ever going to solve this."

640
00:36:09,615 --> 00:36:11,514
And that was like...

641
00:36:11,548 --> 00:36:13,447
That was like
a knife in the heart.

642
00:36:24,665 --> 00:36:26,736
[KELLNER READING]

643
00:36:47,826 --> 00:36:49,276
AMANDA WILLIAMS: I had
gotten off the school bus

644
00:36:49,310 --> 00:36:51,588
and there was
a car in the driveway,

645
00:36:51,623 --> 00:36:52,693
and a gentleman stepped out

646
00:36:52,727 --> 00:36:54,350
and came around
the back of the car.

647
00:36:54,384 --> 00:36:57,145
He introduced himself
as being Randy Winkler,

648
00:36:57,180 --> 00:36:59,078
and said, "I need to talk
to you about your parents."

649
00:36:59,113 --> 00:37:01,288
I knew the name
as far as he was an officer,

650
00:37:01,322 --> 00:37:02,668
and that kind
of freaked me out, saying,

651
00:37:02,703 --> 00:37:05,223
"I need to talk to you
about your parents."

652
00:37:05,257 --> 00:37:07,155
I thought something happened,
you know, kind of thing,

653
00:37:07,190 --> 00:37:09,296
and I was really
kind of scared.

654
00:37:13,023 --> 00:37:16,993
He kind of stood between me
and going into the house.

655
00:37:18,857 --> 00:37:21,135
And he was just talking
to me about, you know,

656
00:37:21,169 --> 00:37:23,102
"What has been said
around your house?

657
00:37:23,137 --> 00:37:25,173
"Have you overheard things?

658
00:37:25,208 --> 00:37:27,590
"Do you know
things that are going on?"

659
00:37:27,624 --> 00:37:29,039
You know, and so on
and so forth.

660
00:37:29,074 --> 00:37:31,179
And it was just... [SIGHS]
Like, he was very persistent,

661
00:37:31,214 --> 00:37:34,907
very kind of in-my-face,
very abrupt
and kind of brash.

662
00:37:34,942 --> 00:37:37,255
He followed me
into the house.

663
00:37:37,289 --> 00:37:39,843
What I said
obviously wasn't
what he liked,

664
00:37:39,878 --> 00:37:41,535
because it...

665
00:37:41,569 --> 00:37:42,984
his body language changed.

666
00:37:43,019 --> 00:37:44,641
Instead of being
leaning towards me,

667
00:37:44,676 --> 00:37:48,369
he leaned back
and like, crossed his arms
across his chest.

668
00:37:48,404 --> 00:37:50,337
He was probably in there
for about two hours

669
00:37:50,371 --> 00:37:52,442
where he was
just talking to me about this.

670
00:37:52,477 --> 00:37:53,616
Have I been privy

671
00:37:53,650 --> 00:37:55,652
to conversations
between my dad and Keith?

672
00:37:55,687 --> 00:37:58,690
Have I talked to him
about dad and Pie?

673
00:37:58,724 --> 00:38:00,070
And, you know,
do I know the things

674
00:38:00,105 --> 00:38:01,831
that happened between my mom
and these men?

675
00:38:01,865 --> 00:38:04,937
And... everything...
It was just like, "Seriously?"

676
00:38:08,838 --> 00:38:12,773
LAWYER: Do you recall
that you waited one day
for Amanda Kellner

677
00:38:12,807 --> 00:38:15,741
-to come home from school...
-[WOMAN COUGHING]

678
00:38:15,776 --> 00:38:16,984
LAWYER: ...at her home?

679
00:38:17,881 --> 00:38:20,090
No, I do not.

680
00:38:20,125 --> 00:38:22,023
LAWYER: You recall
that you were waiting there,

681
00:38:22,058 --> 00:38:23,680
she came home from school

682
00:38:23,715 --> 00:38:25,924
and you followed her
in the house?

683
00:38:26,649 --> 00:38:27,753
No.

684
00:38:27,788 --> 00:38:30,204
Do you remember
that you stayed there

685
00:38:30,238 --> 00:38:31,619
an hour or two?

686
00:38:31,654 --> 00:38:32,896
-No.
-You don't remember

687
00:38:32,931 --> 00:38:35,071
asking her questions
about conversations

688
00:38:35,105 --> 00:38:37,004
that she had
heard her parents have?

689
00:38:37,522 --> 00:38:38,799
No, I do not.

690
00:38:38,833 --> 00:38:41,284
You remember
Mr. Kellner telling you

691
00:38:41,319 --> 00:38:44,529
to leave his children
out of your efforts

692
00:38:45,323 --> 00:38:47,566
to obtain information
from him?

693
00:38:49,223 --> 00:38:50,155
No.

694
00:38:53,089 --> 00:38:54,746
You don't remember
he was angry

695
00:38:54,780 --> 00:38:56,437
that you had
involved the children?

696
00:38:58,059 --> 00:38:59,889
I never involved
his children.

697
00:39:02,098 --> 00:39:03,202
EARL KELLNER: We had
a day planned.

698
00:39:03,237 --> 00:39:04,825
We were going to go bowling

699
00:39:04,859 --> 00:39:06,240
or, I don't remember,
bowling,

700
00:39:06,274 --> 00:39:08,898
or a movie, or just something
you know, for my birthday.

701
00:39:08,932 --> 00:39:10,969
Just me,
my dad and my sister.

702
00:39:11,003 --> 00:39:13,316
And he came home and he...

703
00:39:14,282 --> 00:39:15,214
he was different.

704
00:39:17,941 --> 00:39:21,428
We took a walk outside.
We went to our backyard.

705
00:39:21,462 --> 00:39:24,431
He said that
there are some things
that are going on.

706
00:39:24,465 --> 00:39:28,193
He said, "And I have
to do some things
and say some things."

707
00:39:28,227 --> 00:39:29,919
And he said,
"I have to do this

708
00:39:29,953 --> 00:39:31,783
"to keep the family safe.

709
00:39:31,817 --> 00:39:33,405
"I have to keep
the family together."

710
00:39:33,440 --> 00:39:36,960
He thought
that the phones were bugged,

711
00:39:36,995 --> 00:39:39,411
that the house was
being watched. Um...

712
00:39:40,688 --> 00:39:42,518
He pointed down the road.

713
00:39:42,552 --> 00:39:44,761
There was
always a car sitting there.

714
00:39:44,796 --> 00:39:48,144
And, since this all started
and he said,
"They're watching us."

715
00:39:49,283 --> 00:39:52,769
"I'll do anything
for you and your sister."
Um...

716
00:39:52,804 --> 00:39:54,633
He said that,
"No matter what happens,

717
00:39:54,668 --> 00:39:57,049
"I always want you
and your sister
to be together."

718
00:39:57,084 --> 00:39:58,844
"You know, I'm trying
to keep you guys safe."

719
00:39:58,879 --> 00:40:00,467
You know?

720
00:40:00,501 --> 00:40:02,607
"I didn't fight
your mom for this long
for custody of you guys

721
00:40:02,641 --> 00:40:05,195
"to have you taken away
for something like this."

722
00:40:05,230 --> 00:40:07,991
"I want you
to look after each other."

723
00:40:08,682 --> 00:40:09,993
And as a... as a kid,

724
00:40:10,028 --> 00:40:12,927
that quite honestly scared
the daylights out of me.

725
00:40:19,244 --> 00:40:21,280
WINKLER: I sat him down
and I had this...

726
00:40:21,315 --> 00:40:23,421
I had it all set up.
It was a...

727
00:40:24,732 --> 00:40:26,216
make-it-or-break-it move.

728
00:40:26,251 --> 00:40:28,391
I pulled out
this little receiver

729
00:40:28,426 --> 00:40:30,911
that would be like
in a phone.

730
00:40:30,945 --> 00:40:33,569
Two little...
paper clip...

731
00:40:33,603 --> 00:40:34,328
Sorry, not paper clip,

732
00:40:34,362 --> 00:40:38,436
but little clips soldered to it.

733
00:40:38,470 --> 00:40:39,678
And I said, "You know...

734
00:40:40,852 --> 00:40:43,130
"you can walk into a bar,

735
00:40:43,164 --> 00:40:45,512
"go and make a phone call,

736
00:40:45,546 --> 00:40:47,099
"place this inside,

737
00:40:47,928 --> 00:40:49,826
"finish making
your phone call,

738
00:40:49,861 --> 00:40:51,379
"hang it up,

739
00:40:51,414 --> 00:40:54,313
"and yet you can hear
everything that's said
in that bar."

740
00:41:00,941 --> 00:41:03,495
His mouth dropped open.

741
00:41:03,530 --> 00:41:05,186
He got pale white,

742
00:41:05,773 --> 00:41:08,327
and at that point I knew

743
00:41:08,362 --> 00:41:10,226
that he had
a lot of information

744
00:41:10,260 --> 00:41:13,401
that he wasn't telling us,
or hadn't told us in the past.

745
00:41:13,436 --> 00:41:15,300
And I just said
to him, you know,

746
00:41:15,334 --> 00:41:18,717
"You either can tell us
what happened,

747
00:41:18,752 --> 00:41:24,343
"or we can play these tapes
and see what happens there."

748
00:41:24,378 --> 00:41:25,379
You know?

749
00:41:26,311 --> 00:41:27,795
Trying to indicate to him,

750
00:41:27,830 --> 00:41:30,764
or make him think
that if he didn't...

751
00:41:32,490 --> 00:41:33,560
didn't cooperate,

752
00:41:33,594 --> 00:41:36,355
that he could possibly be
charged with something.

753
00:41:36,390 --> 00:41:38,185
WILLIAMS: He spent a lot
of time in the police station.

754
00:41:38,219 --> 00:41:40,325
I think it was two days

755
00:41:40,359 --> 00:41:41,499
that he was
questioned and questioned

756
00:41:41,533 --> 00:41:44,294
and presented
with that written statement

757
00:41:44,329 --> 00:41:45,917
stating he had to sign it,

758
00:41:45,951 --> 00:41:48,885
you know, for threats
of losing his job,

759
00:41:48,920 --> 00:41:50,231
losing his home,

760
00:41:50,266 --> 00:41:52,130
because he's gonna
go to jail.

761
00:41:52,164 --> 00:41:53,545
And losing his kids.

762
00:42:08,353 --> 00:42:10,528
I mean, that's...
that's not okay.

763
00:42:18,743 --> 00:42:22,505
[KELLNER READING]

764
00:42:26,026 --> 00:42:27,717
It was the Fourth
of July weekend.

765
00:42:27,752 --> 00:42:29,995
Keith got drunk and was
talking about what happened

766
00:42:30,030 --> 00:42:31,721
the morning
Monfils was killed.

767
00:42:35,000 --> 00:42:36,105
He had us role-play

768
00:42:36,139 --> 00:42:38,314
using his wife,
my wife and me,

769
00:42:38,348 --> 00:42:39,798
and said we were
different people.

770
00:42:41,800 --> 00:42:43,353
[LAUGHING]

771
00:42:43,388 --> 00:42:47,530
Keith said he put Rey Moore
and Mike Hirn
up to harassing Monfils.

772
00:42:47,565 --> 00:42:49,497
He watched Hirn push Tom
while he was making

773
00:42:49,532 --> 00:42:51,741
his last entry
in the production log.

774
00:42:53,674 --> 00:42:56,366
They had him,
trapped by the bubbler.

775
00:42:58,368 --> 00:43:02,649
He said one of the guys came
up behind Tom
and hit him in the head.

776
00:43:02,683 --> 00:43:04,651
Keith sent Moore
to pick on Monfils,

777
00:43:04,685 --> 00:43:07,999
because Monfils was White
and Moore was Black,

778
00:43:08,033 --> 00:43:09,966
and if Monfils said anything,

779
00:43:10,001 --> 00:43:11,623
they would say
he was prejudiced.

780
00:43:13,314 --> 00:43:15,800
Rey had the tape
and was shaking it at him,

781
00:43:15,834 --> 00:43:18,596
telling him he couldn't deny
that he made the phone call.

782
00:43:20,563 --> 00:43:23,048
Piaskowski, Basten,
and Johnson were

783
00:43:23,083 --> 00:43:25,568
all standing around
yelling at Tom.

784
00:43:25,603 --> 00:43:27,881
Keith said he was
just enjoying the show.

785
00:43:30,055 --> 00:43:33,472
Keith repeated
these things to me
several different times.

786
00:43:34,508 --> 00:43:37,304
ZAKOWSKI:
Once that information was

787
00:43:37,338 --> 00:43:39,133
discovered and brought
to our office,

788
00:43:39,168 --> 00:43:41,446
then we were
able to start looking

789
00:43:41,480 --> 00:43:43,621
towards actually
issuing charges.

790
00:43:44,587 --> 00:43:46,658
KELLNER: I've read
this 12-page statement

791
00:43:46,693 --> 00:43:49,419
and find it true
to the best of my knowledge,

792
00:43:49,454 --> 00:43:51,836
and I sign
of my own free will.

793
00:43:51,870 --> 00:43:54,632
Brian A. Kellner.

794
00:43:54,666 --> 00:44:00,327
The role play just doesn't
pass the smell test.

795
00:44:00,361 --> 00:44:04,365
It will involve
all of these people
surrounding Tom.

796
00:44:04,400 --> 00:44:07,437
It will involve
one of the men saying,

797
00:44:07,472 --> 00:44:10,164
"Oh, there's a weight
and a rope over here.

798
00:44:10,199 --> 00:44:11,821
"I'll go get that."

799
00:44:11,856 --> 00:44:17,102
It will involve two
of the men carrying
Tom's unconscious body

800
00:44:17,137 --> 00:44:19,898
across an entire warehouse,

801
00:44:19,933 --> 00:44:22,901
unsupported by
any eyewitness

802
00:44:22,936 --> 00:44:28,320
and unsupported
by physical evidence
of any kind.

803
00:44:28,355 --> 00:44:32,911
And then, and probably
most unbelievably,

804
00:44:32,946 --> 00:44:35,431
get themselves squared away

805
00:44:35,465 --> 00:44:37,536
emotionally, spiritually,

806
00:44:37,571 --> 00:44:41,333
mentally, to return
to their workstations

807
00:44:41,368 --> 00:44:43,611
and work out
the rest of their day

808
00:44:43,646 --> 00:44:46,891
without so much
as a case of the jitters.

809
00:44:48,237 --> 00:44:49,859
STEIN: You know,
it's hard enough to get a guy

810
00:44:49,894 --> 00:44:51,619
to throw $3 or $5

811
00:44:51,654 --> 00:44:54,899
in the retirement kitty
when a guy retires.

812
00:44:56,314 --> 00:44:58,281
But, jeez, just ask me
to kill somebody for you,

813
00:44:58,316 --> 00:44:59,800
and I'll go along with that.

814
00:44:59,835 --> 00:45:02,596
This is the Fox Den bar
outside the town of Abrams.

815
00:45:02,630 --> 00:45:06,255
It's actually
in the town of Morgan,
where on the July 4th weekend,

816
00:45:06,289 --> 00:45:07,808
Keith Kutska, Brian Kellner

817
00:45:07,843 --> 00:45:10,742
and their two wives gathered
here inside the bar.

818
00:45:10,777 --> 00:45:13,849
And, according
to the criminal complaint
filed against Kutska,

819
00:45:13,883 --> 00:45:16,610
what they did was
reenact the confrontation

820
00:45:16,644 --> 00:45:19,233
that Kutska and others had
with Monfils

821
00:45:19,268 --> 00:45:20,718
on the day
in which he was killed.

822
00:45:20,752 --> 00:45:23,859
Well, let's go back
to Kellner's statement
for a second.

823
00:45:23,893 --> 00:45:26,068
Here's somebody in the bar.

824
00:45:26,102 --> 00:45:28,208
He's saying,
"You're Tom Monfils.

825
00:45:28,242 --> 00:45:30,624
"I'm going to be Mike Hirn.

826
00:45:30,658 --> 00:45:32,350
"You're Rey Moore.
And then you're behind him.

827
00:45:32,384 --> 00:45:34,766
"You're over here.
You're Piaskowski,"
and so on,

828
00:45:35,940 --> 00:45:37,320
with specificity.

829
00:45:37,355 --> 00:45:39,944
And then draws on a napkin

830
00:45:39,978 --> 00:45:42,256
where everybody was
in the number 9 coop

831
00:45:42,291 --> 00:45:43,775
and draws arrows

832
00:45:43,810 --> 00:45:48,711
as to where Moore goes out
this way, we go out this way.

833
00:45:48,746 --> 00:45:51,921
That's somebody that's
really telling what happened.

834
00:45:54,717 --> 00:45:56,443
WINKLER: As soon
as I got the warrant,

835
00:45:56,477 --> 00:46:00,550
we had teams set up.
I got on the radio and I said,
"All units, it's a go."

836
00:46:00,585 --> 00:46:03,622
And they swooped him up
and brought him in.

837
00:46:06,349 --> 00:46:09,283
Keith Kutska, Rey Moore,

838
00:46:10,422 --> 00:46:13,011
Mike Piaskowski,
Mike Johnson,

839
00:46:13,874 --> 00:46:17,050
Mike Hirn, Dale Basten.

840
00:46:17,084 --> 00:46:18,776
PIASKOWSKI: The thing
that we feared was happening.

841
00:46:18,810 --> 00:46:20,881
That we were being
arrested and charged.

842
00:46:20,916 --> 00:46:22,883
We'd talk and they would be,
you know,

843
00:46:22,918 --> 00:46:25,196
just almost like thumbing
their nose at you.

844
00:46:25,230 --> 00:46:26,680
They're real...

845
00:46:27,543 --> 00:46:30,201
cocky for another word,
you know.

846
00:46:30,235 --> 00:46:32,479
And just...

847
00:46:32,513 --> 00:46:35,206
sit back and think nothing was
going to happen to 'em,

848
00:46:35,240 --> 00:46:37,518
that they were untouchables.

849
00:46:37,553 --> 00:46:39,555
And we were able
to prove 'em wrong.

850
00:46:39,589 --> 00:46:42,282
We believe
we do have enough evidence

851
00:46:42,316 --> 00:46:44,560
to go into court
and obtain a conviction

852
00:46:44,594 --> 00:46:46,389
by proof beyond
a reasonable doubt.

853
00:46:46,424 --> 00:46:47,735
I'm happy this day happened.

854
00:46:47,770 --> 00:46:49,634
There was
a lot of happy people today.

855
00:46:49,668 --> 00:46:52,085
FEMALE NEWSREADER:
Thomas Monfils' mother
Joan Monfils says

856
00:46:52,119 --> 00:46:53,396
her family had to be patient

857
00:46:53,431 --> 00:46:54,950
and just take it
one day at a time.

858
00:46:54,984 --> 00:46:56,814
Our feelings...

859
00:46:56,848 --> 00:47:00,369
go out to the families
of the defendants.

860
00:47:00,403 --> 00:47:02,992
I'm sure
that they must be feeling today

861
00:47:03,027 --> 00:47:05,961
like we felt for the last two
and a half years.

862
00:47:05,995 --> 00:47:07,755
Why now?

863
00:47:07,790 --> 00:47:09,378
Because we have
enough evidence.

864
00:47:09,412 --> 00:47:11,932
People wonder
why has it taken so long.

865
00:47:11,967 --> 00:47:15,246
We did not have the evidence
to come forward.

866
00:47:15,280 --> 00:47:19,112
WINKLER: Mr. Monfils was
confronted not once,
but a second time.

867
00:47:19,146 --> 00:47:21,735
And we believe it was after
that second confrontation

868
00:47:21,769 --> 00:47:24,842
that the decision was
made to, um...

869
00:47:25,912 --> 00:47:28,431
if you want
to put it this way, um,

870
00:47:28,466 --> 00:47:29,570
get rid of the evidence

871
00:47:29,605 --> 00:47:31,538
and thereby
putting him in a vat.

872
00:47:31,572 --> 00:47:33,436
ZAKOWSKI: Certainly,
the Kellner statements

873
00:47:33,471 --> 00:47:37,026
and other statements
which Mr. Kutska made
to other people

874
00:47:37,061 --> 00:47:39,580
helped supply
some major pieces
of the puzzle

875
00:47:39,615 --> 00:47:42,169
which we had to have
before going forward.

876
00:47:42,204 --> 00:47:43,584
WINKLER: There's still
more evidence out there.

877
00:47:43,619 --> 00:47:45,932
There are people
that know things that

878
00:47:45,966 --> 00:47:48,589
may have been afraid to come
forward up to this point.

879
00:47:48,624 --> 00:47:52,524
We appeal to their sense
of decency,

880
00:47:52,559 --> 00:47:54,872
not only for the family
but for the community,

881
00:47:54,906 --> 00:47:57,081
but 'cause it's
the right thing to do,

882
00:47:57,115 --> 00:48:00,912
to please come forward
and share that information.

883
00:48:00,947 --> 00:48:04,467
MAN 1: I think they did
the right thing, yeah,
by waiting and...

884
00:48:04,502 --> 00:48:09,472
I know it was
rough for the family, but...

885
00:48:11,371 --> 00:48:14,029
I always said
if you do something wrong,

886
00:48:14,063 --> 00:48:16,341
it's just a matter of time
before they get you anyway.

887
00:48:16,376 --> 00:48:18,447
MAN 2: Actually, I would
be quite relieved

888
00:48:18,481 --> 00:48:20,656
that they finally
found somebody.

889
00:48:20,690 --> 00:48:23,107
Um, it's not surprising
it took this long.

890
00:48:23,141 --> 00:48:26,317
I mean, you gotta expect
things like this to take time.

891
00:48:26,351 --> 00:48:28,802
You got to find the hard facts
and, you know, nail them.

892
00:48:28,836 --> 00:48:31,770
WOMAN: I was happy
that they got the people,

893
00:48:31,805 --> 00:48:33,876
because...
[CHUCKLES IN RELIEF]

894
00:48:33,911 --> 00:48:35,982
justice is finally
being done for him.

895
00:48:36,016 --> 00:48:37,638
[MAN 3 SIGHS IN RELIEF]
It's a relief.

896
00:48:37,673 --> 00:48:38,950
I'll tell you, I'm happy.

897
00:48:40,227 --> 00:48:41,608
I had some... I can't...

898
00:48:41,642 --> 00:48:43,023
There's no words.

899
00:48:43,058 --> 00:48:44,059
I mean, I'm shocked.

900
00:48:44,093 --> 00:48:45,508
I'm happy with the family.

901
00:48:59,695 --> 00:49:01,731
ZAKOWSKI: This is it.
This is our one chance.

902
00:49:01,766 --> 00:49:04,734
You know? We got to...
we got to get it.

903
00:49:04,769 --> 00:49:06,633
KERHIN: And you had
six defendants,

904
00:49:06,667 --> 00:49:08,462
and most of them had
two attorneys.

905
00:49:08,497 --> 00:49:10,188
A couple of them
only had one.

906
00:49:10,223 --> 00:49:15,262
But, you know, so there were
11, 12, 13 defense attorneys.

907
00:49:15,297 --> 00:49:17,230
MALE REPORTER: When these
six suspects make their way

908
00:49:17,264 --> 00:49:18,610
into court come Monday morning,

909
00:49:18,645 --> 00:49:20,958
it will be
under very tight security.

910
00:49:20,992 --> 00:49:23,995
Security like we have
never ever seen before

911
00:49:24,030 --> 00:49:25,169
here in Brown County.

912
00:49:25,203 --> 00:49:26,791
Context is everything.

913
00:49:26,825 --> 00:49:30,001
I mean, if you did not see
these men in the courtroom,

914
00:49:30,036 --> 00:49:32,245
and hear what they were
being accused of,

915
00:49:32,279 --> 00:49:35,213
they looked like any six men
you'd find
anywhere in Green Bay.

916
00:49:35,248 --> 00:49:36,421
They looked like any six men

917
00:49:36,456 --> 00:49:38,285
that my father would
have been friends with

918
00:49:38,320 --> 00:49:41,185
from his factory
where he worked.

919
00:49:41,219 --> 00:49:44,498
CAL: The one thing
I did not like in court was

920
00:49:44,533 --> 00:49:45,568
the fact that
you had two sides

921
00:49:45,603 --> 00:49:46,914
to the courtroom.

922
00:49:46,949 --> 00:49:48,813
You had the side

923
00:49:48,847 --> 00:49:51,816
that was like,
for Tom Monfils.

924
00:49:51,850 --> 00:49:53,576
And then you had the side,

925
00:49:53,611 --> 00:49:55,716
you know, of the men being

926
00:49:57,511 --> 00:50:00,100
you know, accused...
of the murder.

927
00:50:00,135 --> 00:50:02,516
And it was just odd
because so many people

928
00:50:02,551 --> 00:50:04,208
on the other side
of the courtroom, I knew.

929
00:50:04,242 --> 00:50:05,692
I went to high school
with them

930
00:50:05,726 --> 00:50:07,418
and they were
relatives, or friends,

931
00:50:07,452 --> 00:50:09,834
or family
of one of the six men.

932
00:50:12,043 --> 00:50:13,941
FEMALE NEWSREADER: Most
of the people coming to watch
the trial are

933
00:50:13,976 --> 00:50:17,566
family members of the victim
and the defendants.

934
00:50:17,600 --> 00:50:19,119
Most know the routine by now

935
00:50:19,154 --> 00:50:21,846
and plan on coming back
throughout the next month.

936
00:50:21,880 --> 00:50:23,675
How long it takes,
it doesn't really matter.

937
00:50:23,710 --> 00:50:25,677
Just, you know...

938
00:50:25,712 --> 00:50:27,783
just so somebody
pays for this.

939
00:50:27,817 --> 00:50:28,956
NEWSREADER: Even
high-school students

940
00:50:28,991 --> 00:50:31,269
like Eileen Matuszak are
sitting in.

941
00:50:31,304 --> 00:50:33,685
Matuszak is learning
about the court system.

942
00:50:33,720 --> 00:50:35,480
I just pick it up
along the way, I guess,

943
00:50:35,515 --> 00:50:36,895
by watching and observing.

944
00:50:36,930 --> 00:50:38,690
NEWSREADER: There are
some here who don't have

945
00:50:38,725 --> 00:50:40,761
any legal interest in the case.

946
00:50:40,796 --> 00:50:42,453
It's an unusual case.

947
00:50:42,487 --> 00:50:46,112
I mean, six... What is it?
Six men, tried for one crime?

948
00:50:46,940 --> 00:50:48,838
It's unusual for Green Bay.

949
00:50:48,873 --> 00:50:51,289
MALE NEWSREADER: And
for the first time in either
the civil or criminal case,

950
00:50:51,324 --> 00:50:53,843
Tom Monfils' widow,
Susan, showed up in court

951
00:50:53,878 --> 00:50:55,431
with her attorney,
Bruce Bachhuber,

952
00:50:55,466 --> 00:50:58,158
but she rushed out of court
saying she didn't want to talk.

953
00:50:58,193 --> 00:51:00,885
Neither did
the two defendants out on bond,

954
00:51:00,919 --> 00:51:02,473
Mike Piaskowski
and Dale Basten.

955
00:51:02,507 --> 00:51:04,578
REPORTER: May I ask you
how you think
it's going so far?

956
00:51:04,613 --> 00:51:06,684
No comment.

957
00:51:06,718 --> 00:51:10,343
GULLICKSON: If ever
a scene were constructed

958
00:51:10,377 --> 00:51:13,587
to look like the Monfils Six,

959
00:51:13,622 --> 00:51:17,246
or a half dozen union thugs,

960
00:51:17,281 --> 00:51:18,351
there it was.

961
00:51:19,904 --> 00:51:22,217
KERHIN: They were called
the Monfils Six

962
00:51:22,251 --> 00:51:25,737
over and over again
by most of the media outlets.

963
00:51:25,772 --> 00:51:27,981
They're called the Monfils Six.

964
00:51:28,015 --> 00:51:30,294
MALE NEWSREADER:
The men known
as the Monfils Six.

965
00:51:30,328 --> 00:51:32,537
The fate of the Monfils Six.

966
00:51:32,572 --> 00:51:35,264
KERHIN: And they were
lumped together,

967
00:51:35,299 --> 00:51:38,647
and the decision to try them
all together was clearly

968
00:51:38,681 --> 00:51:40,097
a key moment in the case

969
00:51:40,131 --> 00:51:42,996
and has kept them
tied together.
"Monfils Six."

970
00:51:43,030 --> 00:51:45,102
FEMALE NEWSREADER:
The defendants
in the Tom Monfils' murder case

971
00:51:45,136 --> 00:51:47,000
sat together
for this week's hearing,

972
00:51:47,034 --> 00:51:49,830
but they will probably fight
to have separate trials.

973
00:51:49,865 --> 00:51:51,211
It was a fight to get it

974
00:51:51,246 --> 00:51:54,628
where all six defendants were
tried at the same time.

975
00:51:54,663 --> 00:51:56,803
FEMALE NEWSREADER:
But District Attorney
John Zakowski says

976
00:51:56,837 --> 00:51:59,633
it's a better use of resources
to try them together.

977
00:51:59,668 --> 00:52:02,049
We'll certainly fight
a severance motion

978
00:52:02,084 --> 00:52:03,637
'cause I just think
it makes more sense

979
00:52:03,672 --> 00:52:05,777
for all the defendants
to be tried at once.

980
00:52:05,812 --> 00:52:07,814
Well, first of all,
a joint trial is

981
00:52:07,848 --> 00:52:10,127
going to save
taxpayer money.

982
00:52:10,161 --> 00:52:12,681
INTERVIEWER: Do you think
that if they had been
tried separately,

983
00:52:12,715 --> 00:52:14,890
that you could have
gotten convictions?

984
00:52:16,305 --> 00:52:18,065
No.

985
00:52:18,100 --> 00:52:19,446
PIASKOWSKI:
Like, I knew Basten.

986
00:52:19,481 --> 00:52:20,585
I knew of Rey Moore.

987
00:52:20,620 --> 00:52:23,554
Uh, I knew of Mike Hirn.

988
00:52:23,588 --> 00:52:25,107
Kind of knew him,
'cause he worked
at the paper machines.

989
00:52:25,142 --> 00:52:27,420
But I never
really "knew him" knew him.

990
00:52:28,662 --> 00:52:30,457
Michael Johnson,
I knew who he was.

991
00:52:30,492 --> 00:52:34,358
INTERVIEWER: At the time,
were you convinced
that they were all innocent?

992
00:52:34,392 --> 00:52:37,223
Well, we... No. Throughout
our own investigation,

993
00:52:37,257 --> 00:52:38,707
you know,
we looked at each one of 'em

994
00:52:38,741 --> 00:52:40,157
as if each one of 'em
could have done this

995
00:52:40,191 --> 00:52:41,986
or these two could have
done something.

996
00:52:42,020 --> 00:52:45,852
In fact, I helped
with Mike's defense.

997
00:52:45,886 --> 00:52:47,750
My assignment was to look
at Mike Hirn

998
00:52:47,785 --> 00:52:50,822
and see whether
Mike Hirn was a...

999
00:52:51,616 --> 00:52:52,755
could have done it.

1000
00:52:52,790 --> 00:52:54,412
So, you know,
if we've got that strategy,

1001
00:52:54,447 --> 00:52:55,724
they all have that strategy.

1002
00:52:55,758 --> 00:52:57,277
Mike Hirn's attorney was...

1003
00:52:57,312 --> 00:53:00,038
His defense seemed to be
that, you know,

1004
00:53:00,073 --> 00:53:01,695
all the other five guys
are guilty,

1005
00:53:01,730 --> 00:53:03,249
but his defendant was not.

1006
00:53:03,283 --> 00:53:06,493
My client is hanging
out there alone.

1007
00:53:06,528 --> 00:53:09,876
I think that's pretty clear
if anybody's listening
to the evidence.

1008
00:53:09,910 --> 00:53:11,360
Everybody's protecting
everybody else.

1009
00:53:11,395 --> 00:53:12,913
At least they're all saying
they're together.

1010
00:53:12,948 --> 00:53:14,812
And my guy isn't.
My guys hanging out there

1011
00:53:14,846 --> 00:53:16,089
in the... on the edge,

1012
00:53:16,123 --> 00:53:17,539
holding on with
his fingernails,

1013
00:53:17,573 --> 00:53:20,404
and I'm going to make sure
the jury gets that message.

1014
00:53:20,438 --> 00:53:24,442
This wall of silence
that has come into this case...

1015
00:53:25,547 --> 00:53:27,618
is the envy of the mafia.

1016
00:53:27,652 --> 00:53:29,102
It is incredible.

1017
00:53:29,136 --> 00:53:32,761
So, you know,
we were actually, uh...

1018
00:53:32,795 --> 00:53:35,004
defending ourselves
against him as well.

1019
00:53:35,384 --> 00:53:36,661
And again,

1020
00:53:36,696 --> 00:53:39,181
that's that joint trial issue,
which is unfair.

1021
00:53:39,216 --> 00:53:40,596
INTERVIEWER:
It's fascinating to hear

1022
00:53:40,631 --> 00:53:43,772
about these attorneys basically
eating each other alive

1023
00:53:43,806 --> 00:53:45,152
-during the whole thing.
-Yeah.

1024
00:53:45,187 --> 00:53:50,019
It was a difficult job
for all the attorneys. Um...

1025
00:53:50,606 --> 00:53:51,469
They...

1026
00:53:54,645 --> 00:53:57,303
They did have
a difficult case.

1027
00:53:57,337 --> 00:53:59,788
INTERVIEWER: But do you think
they had a fair trial?

1028
00:53:59,822 --> 00:54:02,066
Oh, yes.
They definitely had
a fair trial.

1029
00:54:02,687 --> 00:54:04,275
ZAKOWSKI: There's always,

1030
00:54:04,310 --> 00:54:06,415
from a prosecutor's
perspective,

1031
00:54:07,382 --> 00:54:09,487
an advantage and a utility

1032
00:54:09,522 --> 00:54:10,971
in having a joint trial,

1033
00:54:11,006 --> 00:54:13,733
because it's
for judicial economy,

1034
00:54:13,767 --> 00:54:16,045
judicial efficiency,

1035
00:54:16,080 --> 00:54:18,703
witnesses don't have
to testify more than once.

1036
00:54:18,738 --> 00:54:23,536
You don't have to have
two juries being impaneled,
or more.

1037
00:54:23,570 --> 00:54:26,677
So in almost every case
involving co-defendants,

1038
00:54:26,711 --> 00:54:28,230
if it's possible,

1039
00:54:28,265 --> 00:54:32,027
if, legally, you have
the means to try them together,

1040
00:54:32,061 --> 00:54:33,615
we will seek a joint trial,

1041
00:54:33,649 --> 00:54:35,237
and we did that
in this case as well.

1042
00:54:35,272 --> 00:54:37,308
The case is exactly
what we thought it would be.

1043
00:54:37,343 --> 00:54:40,173
Um. They have no evidence.
The state has no evidence.

1044
00:54:40,207 --> 00:54:43,176
They try to bring up a lot
of... throw up a lot of dirt.

1045
00:54:43,210 --> 00:54:45,282
But nothing involving
the events of that day

1046
00:54:45,316 --> 00:54:48,940
that tie our client in any way
to this supposed crime.

1047
00:54:48,975 --> 00:54:52,565
FEMALE NEWSREADER:
Prosecutors say this is
their strongest witness.

1048
00:54:52,599 --> 00:54:53,669
Brian Kellner.

1049
00:54:53,704 --> 00:54:55,222
I think that they'll find
the case is

1050
00:54:55,257 --> 00:54:56,879
really, frankly,
not that complex.

1051
00:54:56,914 --> 00:54:58,502
It's a simple matter
of whether they accept

1052
00:54:58,536 --> 00:55:00,193
what Brian Keller
told them now.

1053
00:55:01,574 --> 00:55:05,612
Everybody except Rey went out
the front door of the coop

1054
00:55:05,647 --> 00:55:08,546
and down towards
the number 7 paper machine
where Tom was.

1055
00:55:08,581 --> 00:55:11,169
Rey went out the back door
of number 9's booth.

1056
00:55:12,274 --> 00:55:13,965
And that they confronted Tom
by the bubbler.

1057
00:55:14,000 --> 00:55:17,831
MALE NEWSREADER:
Kellner places all six
suspects at the murder scene,

1058
00:55:17,866 --> 00:55:19,005
talked specifically

1059
00:55:19,039 --> 00:55:21,835
about Rey Moore screaming
at Monfils

1060
00:55:21,870 --> 00:55:24,251
and Mike Hirn shoving him
in the chest.

1061
00:55:24,286 --> 00:55:26,978
KELLNER: Three more
standing behind him.

1062
00:55:27,013 --> 00:55:29,705
And Mike Hirn walked...
go up in front of him and...

1063
00:55:29,740 --> 00:55:31,155
[PAPERS SHUFFLING]

1064
00:55:31,189 --> 00:55:32,812
KELLNER: ...they were shaking
a tape in his face, saying

1065
00:55:32,846 --> 00:55:33,916
"We got you now." You know?

1066
00:55:33,951 --> 00:55:35,711
"There's no way
you can deny this."

1067
00:55:35,746 --> 00:55:36,919
MALE NEWSREADER:
According to Kellner,

1068
00:55:36,954 --> 00:55:39,439
Dale Basten,
Michael Piaskowski,

1069
00:55:39,474 --> 00:55:43,409
Michael Johnson and Kutska were
also in that control room.

1070
00:55:43,443 --> 00:55:46,446
Kellner says Kutska told him
what happened next.

1071
00:55:46,481 --> 00:55:49,069
This was going on
and Mike Hirn was

1072
00:55:49,104 --> 00:55:51,002
right up in Tom's face

1073
00:55:51,762 --> 00:55:53,936
and gave him a shove.

1074
00:55:54,903 --> 00:55:58,665
And sometime during that

1075
00:55:58,700 --> 00:56:02,255
time period there, whatever...
how long it took, that...

1076
00:56:02,289 --> 00:56:05,845
one of the guys gave him a slap
upside the back of the head.

1077
00:56:05,879 --> 00:56:08,088
He said he was...
he was hit in the head.

1078
00:56:08,123 --> 00:56:09,504
-Yeah.
-LAWYER: And did...

1079
00:56:09,538 --> 00:56:11,885
And did Mr. Kutska say
where he was hit in the head?

1080
00:56:11,920 --> 00:56:13,577
Um, top back.

1081
00:56:13,611 --> 00:56:16,442
If Kellner is believed,
then everybody else is lying,

1082
00:56:16,476 --> 00:56:18,444
they're lying
to cover up their crime.

1083
00:56:18,478 --> 00:56:20,929
If one fall,
they should all fall.

1084
00:56:20,963 --> 00:56:22,827
GULLICKSON:
That Fox Den roleplay

1085
00:56:22,862 --> 00:56:25,382
which was
introduced against Kutska

1086
00:56:25,416 --> 00:56:28,937
could never have
been introduced
against the other men.

1087
00:56:28,971 --> 00:56:31,146
It was hearsay.

1088
00:56:31,180 --> 00:56:35,357
They couldn't have a trial
against five of the six of us,

1089
00:56:35,392 --> 00:56:37,670
uh, without having
a joint trial,

1090
00:56:37,704 --> 00:56:39,982
because they didn't have
any direct evidence against us.

1091
00:56:40,017 --> 00:56:41,846
Just for us laypeople
to think

1092
00:56:41,881 --> 00:56:45,954
that, um,
they'd grab up six people,

1093
00:56:45,988 --> 00:56:49,060
and you would...

1094
00:56:49,095 --> 00:56:53,444
by inference and by presence,
be guilty of anything

1095
00:56:53,479 --> 00:56:56,240
thrown at any other person
in that room.

1096
00:56:56,274 --> 00:56:59,243
I understand this only applies
to Keith Kutska.

1097
00:56:59,277 --> 00:57:03,350
[SNICKERS] There are
the other five men
seated in the same room.

1098
00:57:03,385 --> 00:57:07,424
That's the scenario
under which
these men were tried.

1099
00:57:07,458 --> 00:57:09,943
ZAKOWSKI: I think...
well, whether they...

1100
00:57:09,978 --> 00:57:12,152
at this point, I should...
I should backtrack.

1101
00:57:12,187 --> 00:57:14,948
If they had been
single trials...

1102
00:57:15,915 --> 00:57:18,124
I don't know if...

1103
00:57:18,158 --> 00:57:21,230
if, in fact... I don't...
I don't know to what extent...

1104
00:57:21,265 --> 00:57:23,163
um, I'm not certain
of what extent

1105
00:57:23,198 --> 00:57:26,512
those... the other statements
may or may not have been...

1106
00:57:26,546 --> 00:57:28,686
We would have argued
that they were.

1107
00:57:28,721 --> 00:57:30,757
It, uh, could be used.

1108
00:57:30,792 --> 00:57:34,761
But the argument was that
of a single trial is appropriate

1109
00:57:34,796 --> 00:57:36,383
and that at the single trial,

1110
00:57:36,418 --> 00:57:39,697
those statements
against Kutska can be used

1111
00:57:39,732 --> 00:57:41,354
against the other
co-defendants.

1112
00:57:41,388 --> 00:57:43,529
PIASKOWSKI:
Even if the judge says
to the jury,

1113
00:57:43,563 --> 00:57:46,497
"Now, you don't apply
this evidence against...

1114
00:57:46,532 --> 00:57:49,466
"uh, these four defendants,
just against these two."

1115
00:57:49,500 --> 00:57:51,260
Or "Just this one
against these five."

1116
00:57:51,295 --> 00:57:52,641
You know?
The bell has been rung.

1117
00:57:52,676 --> 00:57:53,987
You can't un-ring a bell.

1118
00:57:59,406 --> 00:58:01,374
ZAKOWSKI:
This is a whodunit case.

1119
00:58:02,513 --> 00:58:05,309
What? Where? When?

1120
00:58:05,343 --> 00:58:08,933
Who? You've got to find out
who is responsible

1121
00:58:08,968 --> 00:58:11,142
for the death
of Thomas Monfils.

1122
00:58:11,833 --> 00:58:13,006
Closing argument,

1123
00:58:13,041 --> 00:58:15,112
my former boss used
to say it was

1124
00:58:15,146 --> 00:58:16,527
Christmas tree time.

1125
00:58:16,562 --> 00:58:18,460
For almost four hours
this morning,

1126
00:58:18,495 --> 00:58:21,221
the District Attorney made
his plea for justice.

1127
00:58:21,256 --> 00:58:23,534
John Zakowski, beginning
his closing arguments,

1128
00:58:23,569 --> 00:58:26,813
defending his case
and the credibility
of his witnesses.

1129
00:58:26,848 --> 00:58:30,955
And that was always
my favorite part
of doing a trial,

1130
00:58:30,990 --> 00:58:32,785
because you could
be yourself,

1131
00:58:32,819 --> 00:58:34,234
and you could
explain yourself,

1132
00:58:34,269 --> 00:58:35,408
and you could present

1133
00:58:35,442 --> 00:58:38,860
what you thought was
important to a jury.

1134
00:58:38,894 --> 00:58:40,586
And you could do it
in different ways.

1135
00:58:40,620 --> 00:58:42,277
Ladies and gentlemen,
this case involves

1136
00:58:42,311 --> 00:58:44,659
the murder
of Thomas Monfils.

1137
00:58:46,108 --> 00:58:48,697
It involves
a second confrontation

1138
00:58:48,732 --> 00:58:53,322
during the morning hours
of November 21st, 1992.

1139
00:58:53,357 --> 00:58:57,292
WINKLER:
What I think happened
on November 21st 1992,

1140
00:58:57,326 --> 00:59:00,295
the day
that Tom Monfils
was murdered.

1141
00:59:00,329 --> 00:59:03,022
First, he's confronted
in the coop.

1142
00:59:03,056 --> 00:59:06,750
ZAKOWSKI:
He's got to admit that
it's his voice on that tape.

1143
00:59:06,784 --> 00:59:09,269
The tape itself isn't
going to be enough.

1144
00:59:09,304 --> 00:59:11,651
No, he didn't admit to it.

1145
00:59:11,686 --> 00:59:14,551
They confronted him.
Mr. Kutska was civil.

1146
00:59:14,585 --> 00:59:17,105
And now the union can't
even do anything?

1147
00:59:18,106 --> 00:59:20,280
Do you think they were
just gonna let it lay?

1148
00:59:20,315 --> 00:59:22,351
And they weren't going to do
anything at that point?

1149
00:59:23,352 --> 00:59:24,699
And they had to go
and confront him

1150
00:59:24,733 --> 00:59:28,634
to get him, to be able
to bring those union charges.

1151
00:59:28,668 --> 00:59:31,706
WINKLER: All the guys that were
in the number 9 coop,

1152
00:59:32,707 --> 00:59:35,157
watching what was
going on, came out

1153
00:59:35,192 --> 00:59:38,264
surrounded Tom Monfils,
were yelling at him.

1154
00:59:38,298 --> 00:59:40,611
ZAKOWSKI: And they met him
by the bubbler.

1155
00:59:41,370 --> 00:59:42,786
And they began
yelling at him.

1156
00:59:43,372 --> 00:59:44,822
One of them had a tape,

1157
00:59:45,858 --> 00:59:46,962
and they had the tape

1158
00:59:46,997 --> 00:59:49,309
and they were
shaking it in his face.

1159
00:59:49,344 --> 00:59:51,380
And Hirn
was right in his face,
and Morrison...

1160
00:59:51,415 --> 00:59:53,555
"What's your fucking problem?"

1161
00:59:53,590 --> 00:59:57,524
At 7:34,
Mike Hirn comes up to him,

1162
00:59:59,699 --> 01:00:00,631
gives him a shove...

1163
01:00:00,666 --> 01:00:05,498
causing Tom to make a mark
at 7:34

1164
01:00:05,532 --> 01:00:08,294
that indicates
something happened.

1165
01:00:08,328 --> 01:00:11,504
We know Monfils worked
at 7:34 turnover.

1166
01:00:11,538 --> 01:00:13,264
And we know that
Piaskowski calls him

1167
01:00:13,299 --> 01:00:15,750
and is missing about 7:50.

1168
01:00:15,784 --> 01:00:17,993
But before the 7:56,

1169
01:00:18,028 --> 01:00:20,168
that's when
those rolls kicked off.

1170
01:00:20,202 --> 01:00:22,584
The logic is,
Monfils was killed

1171
01:00:22,619 --> 01:00:26,657
between 7:35 and 7:50
in that short period of time.

1172
01:00:26,692 --> 01:00:27,762
[MACHINERY WHIRRING]

1173
01:00:29,660 --> 01:00:32,180
As they're yelling,
Rey Moore reaches over

1174
01:00:32,214 --> 01:00:34,872
and hits Tom Monfils in the head
and down he goes.

1175
01:00:38,531 --> 01:00:40,222
ZAKOWSKI:
What could have been used
to hit him?

1176
01:00:40,844 --> 01:00:43,467
A wrench? Board? A Pipe?

1177
01:00:43,501 --> 01:00:46,573
The word was that he hit him
with a knockout wrench.

1178
01:00:49,404 --> 01:00:51,648
ZAKOWSKI: We know that
Monfils was severely beaten.

1179
01:00:51,682 --> 01:00:53,442
-It wasn't a one-man job.
-[BEATINGS AND GROANS]

1180
01:00:53,477 --> 01:00:57,688
Thirteen separate injuries
to Thomas Monfils.

1181
01:00:57,723 --> 01:01:00,933
There was severe bruising
to the head, fractured skull,

1182
01:01:00,967 --> 01:01:02,520
contrecoup injury,

1183
01:01:03,383 --> 01:01:04,488
deep bruising in the neck

1184
01:01:04,522 --> 01:01:07,146
consistent with
this kind of motion,

1185
01:01:07,180 --> 01:01:09,769
bruises to the chest
over the rib area,

1186
01:01:09,804 --> 01:01:13,083
fractured jaw and, of course,
a knee to the groin.

1187
01:01:13,117 --> 01:01:15,292
Now, he's lying
on the ground,

1188
01:01:15,326 --> 01:01:17,397
in front
of these six defendants.

1189
01:01:17,432 --> 01:01:19,503
What do you think
happened next?

1190
01:01:19,537 --> 01:01:23,127
What do you think was
going through their minds?

1191
01:01:23,162 --> 01:01:24,577
What we argue to the jury,

1192
01:01:24,611 --> 01:01:28,339
and what I think people forget
is the motive in this case.

1193
01:01:28,374 --> 01:01:30,410
If you are participating,

1194
01:01:30,445 --> 01:01:34,311
or part of a beating
of a fellow co-worker,

1195
01:01:34,345 --> 01:01:35,415
you're gonna be fired.

1196
01:01:35,450 --> 01:01:37,279
You're going to
lose your job.

1197
01:01:37,314 --> 01:01:39,765
And one of the exhibits
that we used was

1198
01:01:39,799 --> 01:01:43,147
how much money these people were
making in the mill.

1199
01:01:43,182 --> 01:01:44,908
Piaskowski, 72,000.

1200
01:01:44,942 --> 01:01:46,979
I think Johnson
was over 70.

1201
01:01:47,013 --> 01:01:50,258
Basten, over $100,000.

1202
01:01:50,292 --> 01:01:53,502
Now, back in 1992,
that was darn good money.

1203
01:01:53,537 --> 01:01:58,438
If Tom Monfils survives,
they get fired.

1204
01:01:58,473 --> 01:02:00,268
They lose their jobs.

1205
01:02:01,234 --> 01:02:03,478
And here you've got
a snitch,

1206
01:02:03,512 --> 01:02:06,101
who's laying there bleeding.

1207
01:02:06,136 --> 01:02:08,414
And if you don't
get rid of him,

1208
01:02:08,448 --> 01:02:09,898
you're going to
lose your job.

1209
01:02:09,933 --> 01:02:12,625
And I think that, in a matter
of minutes, if not seconds,

1210
01:02:12,659 --> 01:02:14,351
they said, "We've got
to get rid of him,

1211
01:02:14,385 --> 01:02:17,457
"or we're gonna lose
that $100,000-a-year job."

1212
01:02:17,492 --> 01:02:19,908
ZAKOWSKI: What do you think
this body is telling us?

1213
01:02:20,978 --> 01:02:23,532
What are we supposed
to glean from this?

1214
01:02:25,327 --> 01:02:27,882
Mr. Monfils is telling you,
"Look at this.

1215
01:02:27,916 --> 01:02:30,263
"Look at me!
Look what they did to me!

1216
01:02:31,851 --> 01:02:32,887
"They're hurting me.

1217
01:02:33,784 --> 01:02:35,510
"They're killing me.

1218
01:02:35,544 --> 01:02:37,684
"I didn't commit suicide.

1219
01:02:37,719 --> 01:02:40,446
"My God, I've got
a wife and two kids.

1220
01:02:40,480 --> 01:02:41,550
"When I heard about that tape,

1221
01:02:41,585 --> 01:02:43,483
"I went out
and I worked that day.

1222
01:02:44,691 --> 01:02:46,866
"It took more than one person
to do this."

1223
01:02:50,180 --> 01:02:54,046
That's what
his body is telling us.

1224
01:02:54,080 --> 01:02:56,186
ZAKOWSKI: He was killed
when he was placed
in the vat,

1225
01:02:56,220 --> 01:02:58,222
because his lungs inhaled
the pulp,

1226
01:02:58,257 --> 01:02:59,776
and so he was
still breathing.

1227
01:02:59,810 --> 01:03:03,538
So it's the operation
of putting him in the vat

1228
01:03:03,572 --> 01:03:06,852
which is the first-degree
intentional homicide.

1229
01:03:08,129 --> 01:03:10,648
INTERVIEWER: The one
that I've had a hard time

1230
01:03:10,683 --> 01:03:12,685
maybe getting in my head is

1231
01:03:12,719 --> 01:03:17,069
the evidence that really gets
Mike Piaskowski,

1232
01:03:17,103 --> 01:03:18,346
that really ties him to this.

1233
01:03:18,380 --> 01:03:20,175
Can you go over that
a little bit more with me?

1234
01:03:20,210 --> 01:03:21,970
Rope and weight.

1235
01:03:23,351 --> 01:03:25,594
Rope and weight.

1236
01:03:25,629 --> 01:03:27,631
There was a rope
that had duct tape around it

1237
01:03:27,665 --> 01:03:32,809
that was found attached
to Monfils and this weight.

1238
01:03:32,843 --> 01:03:35,881
And that came
from the number seven coop.

1239
01:03:35,915 --> 01:03:37,641
There's rope
all over that mill.

1240
01:03:37,675 --> 01:03:41,921
But behind in this dark recess
of the number seven coop,

1241
01:03:41,956 --> 01:03:42,991
there were two jump ropes

1242
01:03:43,026 --> 01:03:45,373
that, you know, made
makeshift jump ropes

1243
01:03:45,407 --> 01:03:47,513
with this duct tape.

1244
01:03:47,547 --> 01:03:51,241
It is in a dark part
behind the number seven coop.

1245
01:03:51,275 --> 01:03:52,449
There's no traffic there.

1246
01:03:52,483 --> 01:03:54,831
There's no reason
to walk through.

1247
01:03:54,865 --> 01:03:56,694
If you're from
another part of the mill,

1248
01:03:56,729 --> 01:03:57,903
the only people
that would have access

1249
01:03:57,937 --> 01:04:01,285
to that would be
in that number seven coop.

1250
01:04:01,320 --> 01:04:04,910
And the only person
that had access
to that rope, well...

1251
01:04:04,944 --> 01:04:08,603
Pete Delvoe was busy
working on the machine.

1252
01:04:08,637 --> 01:04:11,744
Dennis Servais was
in the coop

1253
01:04:11,778 --> 01:04:15,368
and later kept occupied
by Mike Hirn.

1254
01:04:15,403 --> 01:04:18,061
And Monfils was beaten up.

1255
01:04:18,095 --> 01:04:20,649
The only person left
is Mike Piaskowski.

1256
01:04:24,791 --> 01:04:27,070
ZAKOWSKI: In closing,
ladies and gentlemen,

1257
01:04:27,104 --> 01:04:29,900
you know, there's a saying
up there on the wall.

1258
01:04:29,935 --> 01:04:33,179
"Justice, the hope
of all who suffered,

1259
01:04:33,214 --> 01:04:35,975
"the dread of all who wrong."

1260
01:04:36,010 --> 01:04:38,564
Now, I'll tell you, I've used
that once before in a case,

1261
01:04:38,598 --> 01:04:40,980
and God willing, I'm sure
I'll have an opportunity again.

1262
01:04:41,015 --> 01:04:43,949
But there will never be
another case

1263
01:04:43,983 --> 01:04:46,330
where that saying
means as much

1264
01:04:46,365 --> 01:04:47,711
as this case.

1265
01:04:48,367 --> 01:04:49,886
On behalf of the state,

1266
01:04:51,577 --> 01:04:53,475
on behalf of this community,

1267
01:04:54,649 --> 01:04:57,479
and on behalf of the family
of Thomas Monfils,

1268
01:04:58,204 --> 01:04:59,205
I implore you,

1269
01:04:59,240 --> 01:05:02,346
don't let them
get away with it,

1270
01:05:02,381 --> 01:05:04,555
like they have
for two and a half years.

1271
01:05:05,902 --> 01:05:07,455
Don't let them get away
with murder.

1272
01:05:07,489 --> 01:05:08,905
They're all involved.

1273
01:05:10,285 --> 01:05:12,563
And not to hold them
accountable,

1274
01:05:12,598 --> 01:05:14,911
each one of them accountable
for what they did.

1275
01:05:15,981 --> 01:05:17,051
It wouldn't be fair.

1276
01:05:18,500 --> 01:05:19,639
It wouldn't be right.

1277
01:05:20,778 --> 01:05:23,091
And it wouldn't
be the truth.

1278
01:05:23,126 --> 01:05:25,231
Please return
with a verdict of guilty

1279
01:05:25,266 --> 01:05:26,957
as to each
and every defendant.

1280
01:05:27,820 --> 01:05:28,752
Thank you.

1281
01:05:34,689 --> 01:05:37,071
REPORTER: Whenever
the verdict comes down,

1282
01:05:37,105 --> 01:05:40,212
Action 2 News is going to cut
into the programming.

1283
01:05:40,246 --> 01:05:42,939
Whatever we have on the air,
we're breaking into it

1284
01:05:42,973 --> 01:05:45,838
and you are going to get
live coverage of the verdict.

1285
01:05:45,872 --> 01:05:47,771
This trial has been
such a long one

1286
01:05:47,805 --> 01:05:49,773
that some of the regular
courtroom observers have

1287
01:05:49,807 --> 01:05:51,982
brought along
their own seat cushions.

1288
01:05:52,017 --> 01:05:54,295
These benches can get
pretty hard to sit on

1289
01:05:54,329 --> 01:05:56,538
all-day long for five weeks,

1290
01:05:56,573 --> 01:05:58,644
and now,
they continue to wait.

1291
01:05:58,678 --> 01:06:01,474
They plan to camp out here
in the courthouse

1292
01:06:01,509 --> 01:06:03,338
until the jury's decision
is in.

1293
01:06:03,373 --> 01:06:06,617
I hope I'm in the courthouse
when the verdict comes out.

1294
01:06:08,102 --> 01:06:09,896
PIASKOWSKI: I felt doomed.
I really did.

1295
01:06:09,931 --> 01:06:12,934
It was just
an inner feeling, um...

1296
01:06:14,625 --> 01:06:16,386
deep down, secretly hoping
that, you know,

1297
01:06:16,420 --> 01:06:17,697
the jury would see it right

1298
01:06:17,732 --> 01:06:20,424
and thinking maybe they'll
convict Keith Kutska

1299
01:06:20,459 --> 01:06:21,494
and maybe not us.

1300
01:06:21,529 --> 01:06:23,703
It was interesting
because, you know,

1301
01:06:23,738 --> 01:06:26,672
as this trial is going on,
the O.J. trial is going on.

1302
01:06:26,706 --> 01:06:30,641
I remember when
the O.J. Simpson
verdict came...

1303
01:06:30,676 --> 01:06:34,611
came in during the course
of that trial,

1304
01:06:34,645 --> 01:06:35,784
I think it was during
the noon hour.

1305
01:06:35,819 --> 01:06:38,063
We were in the media room,

1306
01:06:38,097 --> 01:06:39,926
and they came back
with a not-guilty verdict.

1307
01:06:39,961 --> 01:06:43,102
And we thought,
"What kind of mountain
do we have to climb?"

1308
01:06:43,137 --> 01:06:45,553
given what the evidence was
in that case.

1309
01:06:45,587 --> 01:06:48,211
My opinion is the same opinion
as half the world.

1310
01:06:48,245 --> 01:06:50,213
O.J. Simpson was guilty.

1311
01:06:50,247 --> 01:06:51,524
Uh, guilty as sin.

1312
01:06:51,559 --> 01:06:54,182
But the California jury
let him off.

1313
01:06:54,217 --> 01:06:58,290
And I think this jury may have
had in the back of its...

1314
01:06:58,324 --> 01:06:59,705
in the recesses
of their mind that

1315
01:06:59,739 --> 01:07:01,810
"We're not going to let
the O.J. verdict

1316
01:07:01,845 --> 01:07:03,916
"kind of thing happen here
in Green Bay."

1317
01:07:03,950 --> 01:07:05,573
[IMPERCEPTIBLE]

1318
01:07:07,851 --> 01:07:09,784
MALE REPORTER:
This is Judge
James Bayorgeon,

1319
01:07:09,818 --> 01:07:10,957
the Outagamie County judge

1320
01:07:10,992 --> 01:07:14,202
who's been covering
the case.

1321
01:07:14,237 --> 01:07:16,860
We apologize for the hum
coming from the courtroom.

1322
01:07:16,894 --> 01:07:18,620
Some of
the technical facilities

1323
01:07:18,655 --> 01:07:21,037
with so many cameras here,
emit some hum.

1324
01:07:26,594 --> 01:07:29,079
MALE REPORTER:
The verdict's handed
to the judge right now

1325
01:07:29,114 --> 01:07:31,909
by the bailiff as he walks
off camera.

1326
01:07:31,944 --> 01:07:35,568
Judge James Bayorgeon
carefully looking
at each one...

1327
01:07:35,603 --> 01:07:36,776
Ladies and gentlemen
of the jury, I ask

1328
01:07:36,811 --> 01:07:37,812
that you listen to the reading
of the verdict.

1329
01:07:37,846 --> 01:07:39,089
MALE REPORTER:
And here he goes.

1330
01:07:39,124 --> 01:07:41,816
"State of Wisconsin versus
Keith Kutska.

1331
01:07:41,850 --> 01:07:44,750
"We, the jury, find
the defendant,
Keith M. Kutska,

1332
01:07:44,784 --> 01:07:45,923
"guilty of the offense

1333
01:07:45,958 --> 01:07:47,580
"of first-degree
intentional homicide,

1334
01:07:47,615 --> 01:07:48,857
"party to the crime

1335
01:07:48,892 --> 01:07:51,308
"on or about
November 21, 1992,

1336
01:07:51,343 --> 01:07:53,310
"as charged in the information,

1337
01:07:53,345 --> 01:07:55,243
"Here at Green Bay,
Brown County, Wisconsin,

1338
01:07:55,278 --> 01:07:59,316
"this 28th day
of October 1995, grand jury.

1339
01:08:00,697 --> 01:08:03,941
"State of Wisconsin versus
Michael Piaskowski.

1340
01:08:03,976 --> 01:08:05,288
"We, the jury, find
the defendant,

1341
01:08:05,322 --> 01:08:07,945
"Michael L. Piaskowski guilty
of the offense

1342
01:08:07,980 --> 01:08:09,223
-"of first-degree...
-[WOMAN SCREAMS]

1343
01:08:10,500 --> 01:08:11,742
"...intentional homicide."

1344
01:08:11,777 --> 01:08:15,919
"Mike Piaskowski, guilty"
and Lisa screamed.

1345
01:08:15,953 --> 01:08:17,852
And we weren't supposed to
make any noise.

1346
01:08:18,335 --> 01:08:19,785
And...

1347
01:08:19,818 --> 01:08:21,027
I collapsed down here,

1348
01:08:21,062 --> 01:08:22,581
and we weren't supposed
to do anything

1349
01:08:22,615 --> 01:08:23,960
so we're weeping.

1350
01:08:23,996 --> 01:08:27,206
What I remember is
"Michael Piaskowski,
guilty."

1351
01:08:28,518 --> 01:08:30,451
"Oh, no. Mikey, no."

1352
01:08:30,485 --> 01:08:33,143
You know? It was
her right behind me.

1353
01:08:33,178 --> 01:08:36,181
"State of Wisconsin versus
Reynold Moore.

1354
01:08:36,215 --> 01:08:38,872
"We, the jury, find
the defendant,
Reynold C. Moore

1355
01:08:38,907 --> 01:08:42,187
-"guilty of..."
-[WOMAN SCREAMING AND WAILING]

1356
01:08:42,220 --> 01:08:44,774
"...first-degree
intentional homicide,

1357
01:08:44,809 --> 01:08:47,813
-"party to the crime..."
-[WOMAN SCREAMING]

1358
01:08:47,846 --> 01:08:49,263
JUDGE: Remove her, please.

1359
01:08:50,850 --> 01:08:52,714
-GUARD: You're out of here.
-[WOMAN WHIMPERS]

1360
01:08:54,853 --> 01:08:57,719
REPORTER: One person ordered
being removed from
the courtroom right now.

1361
01:08:57,754 --> 01:08:59,928
That is Rey Moore's wife

1362
01:08:59,962 --> 01:09:02,690
and daughter being removed
from the courtroom right now.

1363
01:09:05,486 --> 01:09:07,384
-Three guilty verdicts.
-If any further demonstrations,

1364
01:09:07,419 --> 01:09:10,835
I'll clear the courtroom
before I proceed.

1365
01:09:10,870 --> 01:09:13,770
"State of Wisconsin
versus Michael Hirn.

1366
01:09:13,804 --> 01:09:15,910
"We, the jury, find
the defendant, Michael Hirn,

1367
01:09:15,943 --> 01:09:17,497
"guilty of the offense

1368
01:09:17,532 --> 01:09:19,914
-"of first-degree
intentional homicide..."
-[WOMAN CRYING]

1369
01:09:19,948 --> 01:09:23,089
"...party to the crime
on or about
November 21st, 1992,

1370
01:09:23,124 --> 01:09:25,194
"as charged
in the information

1371
01:09:25,229 --> 01:09:27,577
"dated at Green Bay,
Brown County, Wisconsin,

1372
01:09:27,611 --> 01:09:30,925
"this 28th day
of October, 1995.

1373
01:09:30,959 --> 01:09:33,859
"State of Wisconsin versus
Dale Basten.

1374
01:09:33,893 --> 01:09:36,517
"We, the jury, find
the defendant, Dale N. Basten,

1375
01:09:36,550 --> 01:09:37,690
"guilty of the offense

1376
01:09:37,725 --> 01:09:39,865
"of first-degree
intentional homicide,

1377
01:09:39,898 --> 01:09:43,662
"party to the crime on or about
November 21st, 1992."

1378
01:09:43,696 --> 01:09:46,871
"State of Wisconsin
versus Michael Johnson.

1379
01:09:46,906 --> 01:09:49,495
"We, the jury, find
the defendant, Michael Johnson,

1380
01:09:49,530 --> 01:09:50,669
"guilty of the offense

1381
01:09:50,702 --> 01:09:53,499
"of first-degree
intentional homicide,

1382
01:09:53,533 --> 01:09:55,743
-party of the crime...
-REPORTER: That's it.
Guilty verdicts...

1383
01:09:55,777 --> 01:09:57,123
JUDGE: ...November 21st, 1992.

1384
01:09:57,157 --> 01:09:59,885
REPORTER: ...for
all six defendants.

1385
01:09:59,919 --> 01:10:01,714
PIASKOWSKI:
I lost faith in mankind.

1386
01:10:01,749 --> 01:10:05,511
I couldn't believe that society
was giving up on me that way.

1387
01:10:05,546 --> 01:10:07,133
It was terrible.

1388
01:10:09,101 --> 01:10:10,102
Um...

1389
01:10:11,655 --> 01:10:13,001
We were sentenced to life

1390
01:10:13,761 --> 01:10:16,142
for something we didn't do.

1391
01:10:16,177 --> 01:10:18,628
CAL: I was just glad
it was going to be
out of the media.

1392
01:10:18,662 --> 01:10:20,181
As selfish as that sounds,

1393
01:10:20,216 --> 01:10:21,251
I was just happy.

1394
01:10:21,286 --> 01:10:23,874
I thought, "Finally.
It's done." You know?

1395
01:10:23,909 --> 01:10:25,324
"I don't have
to listen to it anymore."

1396
01:10:30,950 --> 01:10:32,745
WINKLER:
I just wanted to go up

1397
01:10:32,780 --> 01:10:36,023
and personally shake
his hand and... um...

1398
01:10:40,305 --> 01:10:41,892
[BREATH TREMBLING]

1399
01:10:44,964 --> 01:10:47,173
I walked
in the D.A.'s office and...

1400
01:10:48,830 --> 01:10:51,039
and they all applauded me.
[BREATH TREMBLING]

1401
01:11:01,429 --> 01:11:02,396
[INDISTINCT CHATTER]

1402
01:11:07,332 --> 01:11:09,541
PIASKOWSKI:
Minutes and hours...

1403
01:11:09,575 --> 01:11:11,128
and days go by so slowly.

1404
01:11:11,163 --> 01:11:13,441
The immediate time goes
so slowly.

1405
01:11:13,476 --> 01:11:16,341
But before you know it,
a year has gone, you know?

1406
01:11:16,375 --> 01:11:17,963
And then two years.

1407
01:11:19,758 --> 01:11:22,174
You've got to put
your mind into this...

1408
01:11:23,106 --> 01:11:25,073
space-y state, in a sense,

1409
01:11:25,108 --> 01:11:26,523
just to kind of
deal with it.

1410
01:11:29,906 --> 01:11:31,389
INTERVIEWER:
How do you keep
from losing it?

1411
01:11:32,391 --> 01:11:33,910
In prison?

1412
01:11:33,943 --> 01:11:36,257
Uh, you don't want
to know. [CHUCKLES]

1413
01:11:37,844 --> 01:11:39,467
Probably felt about the same
or maybe worse

1414
01:11:39,502 --> 01:11:41,297
than when I went to Vietnam.

1415
01:11:41,331 --> 01:11:42,746
At least when
I went to Vietnam,

1416
01:11:42,781 --> 01:11:44,264
I was...

1417
01:11:44,300 --> 01:11:47,026
I had a lot of bravado
and training.

1418
01:11:47,061 --> 01:11:49,891
I had no training for what was
going to come on in prison.

1419
01:11:53,930 --> 01:11:55,897
I got a phone call.

1420
01:11:55,932 --> 01:11:58,900
The guard of our cell block
got a phone call

1421
01:11:58,934 --> 01:12:00,419
and they came out,

1422
01:12:00,454 --> 01:12:03,940
and that happens only
on super rare occasions.

1423
01:12:08,324 --> 01:12:10,049
And then I got on the phone
and they announced

1424
01:12:10,084 --> 01:12:11,741
that my father had
passed away.

1425
01:12:11,775 --> 01:12:13,121
[BREATH TREMBLING]

1426
01:12:14,053 --> 01:12:15,469
And... [CLEARS THROAT]

1427
01:12:19,335 --> 01:12:20,197
Hmm.

1428
01:12:23,373 --> 01:12:24,925
And, um...

1429
01:12:25,755 --> 01:12:27,998
It was sad. It hurt.

1430
01:12:28,516 --> 01:12:29,344
Um...

1431
01:12:32,071 --> 01:12:34,142
I think the guards
were there...

1432
01:12:34,177 --> 01:12:35,903
I think
the guards were there to...

1433
01:12:36,800 --> 01:12:38,284
prevent...

1434
01:12:38,318 --> 01:12:42,116
a person that gets information
like that from going off.

1435
01:12:42,150 --> 01:12:44,843
Uh, they wanted to be
at the ready, so to speak.

1436
01:12:44,877 --> 01:12:47,742
And I didn't let it
hit me that way,

1437
01:12:47,777 --> 01:12:49,330
uh, 'cause that's not me.

1438
01:12:52,713 --> 01:12:53,886
I...

1439
01:13:00,548 --> 01:13:01,377
[EXHALES]

1440
01:13:02,239 --> 01:13:03,240
[INHALES]

1441
01:13:04,414 --> 01:13:07,624
I developed
an attitude for a while,

1442
01:13:08,936 --> 01:13:12,940
um, because what
the system did to me,

1443
01:13:12,974 --> 01:13:15,148
to my family, to my father.

1444
01:13:18,808 --> 01:13:20,188
They took away
our lives together

1445
01:13:20,223 --> 01:13:22,812
in his final years.
That's...

1446
01:13:22,846 --> 01:13:24,365
I was pretty bitter
for a while.

1447
01:13:26,987 --> 01:13:28,541
INTERVIEWER: How long
did that last for you?

1448
01:13:30,335 --> 01:13:31,199
Uh...

1449
01:13:33,478 --> 01:13:34,548
It's still there.

1450
01:13:36,377 --> 01:13:38,241
It's smaller,
but it's still there.

1451
01:13:40,554 --> 01:13:41,451
As some...

1452
01:13:43,246 --> 01:13:45,490
cop friends of mine
have said,

1453
01:13:45,523 --> 01:13:48,424
you know, Tom Monfils wasn't
the only victim in this...

1454
01:13:49,079 --> 01:13:51,841
in this case.

1455
01:13:51,875 --> 01:13:55,776
There are a lot of victims,
including me.

1456
01:13:55,809 --> 01:13:58,710
I worked very hard
on that homicide

1457
01:13:58,744 --> 01:14:00,436
and put in...

1458
01:14:01,678 --> 01:14:03,059
way too many hours

1459
01:14:03,093 --> 01:14:05,510
and put in
too much of myself.

1460
01:14:08,202 --> 01:14:09,168
And...

1461
01:14:09,996 --> 01:14:11,516
it took its toll on me.

1462
01:14:13,276 --> 01:14:14,242
And, so...

1463
01:14:18,695 --> 01:14:20,628
I got ill after.

1464
01:14:29,913 --> 01:14:32,053
It just... It all added up

1465
01:14:32,088 --> 01:14:34,504
and it just got
to be too much.

1466
01:14:36,161 --> 01:14:37,714
And, so I took
some time off.

1467
01:14:42,478 --> 01:14:46,620
KLEMM:
Brian and I also covered
the federal civil trial,

1468
01:14:46,654 --> 01:14:50,002
uh, that Susan Monfils brought
against Green Bay

1469
01:14:50,037 --> 01:14:52,315
and the police
for releasing the tape.

1470
01:14:53,178 --> 01:14:55,421
And it was all about police

1471
01:14:55,456 --> 01:14:58,286
and whether they had
created additional danger,

1472
01:14:58,321 --> 01:15:01,048
whether they had placed
Tom Monfils in danger

1473
01:15:01,082 --> 01:15:02,636
by releasing the tape.

1474
01:15:03,499 --> 01:15:04,776
At the end of it,

1475
01:15:04,809 --> 01:15:09,366
Susan Monfils and her children
were awarded about $2 million.

1476
01:15:17,340 --> 01:15:18,893
WINKLER:
When I got back to work,

1477
01:15:18,928 --> 01:15:23,415
um, I was assigned to work
with the civil attorneys

1478
01:15:23,449 --> 01:15:28,213
who were representing the city
against the civil suit.

1479
01:15:29,282 --> 01:15:31,699
And I was telling 'em
the truth.

1480
01:15:31,734 --> 01:15:34,564
Telling 'em what I was
gonna have to testify to.

1481
01:15:35,184 --> 01:15:37,084
If what... asked in court,

1482
01:15:37,118 --> 01:15:39,050
this is what
the answer is going to be.

1483
01:15:40,087 --> 01:15:41,433
And they didn't want that.

1484
01:15:41,467 --> 01:15:43,469
They didn't like
what they heard.

1485
01:15:44,885 --> 01:15:47,197
I got threatened
in the hallway

1486
01:15:47,232 --> 01:15:50,994
by the attorney
representing the city,

1487
01:15:51,029 --> 01:15:52,306
that I better not say

1488
01:15:52,340 --> 01:15:53,825
what he thinks
I'm going to say.

1489
01:15:55,654 --> 01:15:57,760
And then, you know,

1490
01:15:58,380 --> 01:15:59,555
against his better wishes

1491
01:15:59,589 --> 01:16:01,660
I did say
what needed to be said,

1492
01:16:01,695 --> 01:16:02,730
what the truth was.

1493
01:16:05,077 --> 01:16:06,320
INTERVIEWER:
What was that truth?

1494
01:16:07,079 --> 01:16:09,081
There was a question
as to...

1495
01:16:10,427 --> 01:16:13,361
whether the tapes were
still in existence,

1496
01:16:13,396 --> 01:16:15,260
because I believe
the city claimed

1497
01:16:15,294 --> 01:16:19,091
that they were
no longer in existence
and, um...

1498
01:16:20,299 --> 01:16:22,957
and I knew that
they were.

1499
01:16:22,992 --> 01:16:24,062
INTERVIEWER: But wasn't it
public knowledge

1500
01:16:24,096 --> 01:16:25,822
that the tape was released?
So how...

1501
01:16:26,684 --> 01:16:27,583
Yeah.

1502
01:16:29,654 --> 01:16:30,827
Hmm.

1503
01:16:30,862 --> 01:16:32,588
I'm getting in real...

1504
01:16:34,106 --> 01:16:35,728
untouchable territory.

1505
01:16:38,594 --> 01:16:43,599
You can't do an investigation
and find out only the things
you want to find out.

1506
01:16:45,462 --> 01:16:47,844
Then you find out
other things.

1507
01:16:47,879 --> 01:16:50,709
And you don't want
to know 'em,
but you know 'em.

1508
01:16:50,744 --> 01:16:55,093
And when it comes time
to have to testify to them,

1509
01:16:55,127 --> 01:16:56,750
you can't say,
"I don't remember."

1510
01:16:56,784 --> 01:16:59,062
Or you can't say,
"I don't want to."

1511
01:16:59,097 --> 01:17:00,616
You have to tell the truth.

1512
01:17:02,341 --> 01:17:05,206
And the truth is
going to be damning.

1513
01:17:06,103 --> 01:17:07,830
And... And...

1514
01:17:09,486 --> 01:17:12,144
not what
other police officers
want to hear,

1515
01:17:13,490 --> 01:17:17,011
not what
administration wants
to hear,

1516
01:17:17,046 --> 01:17:19,151
not what
the mayor wants to hear.

1517
01:17:27,573 --> 01:17:29,990
They wanted me
to be a good old boy

1518
01:17:30,023 --> 01:17:32,061
and not do anything
that would

1519
01:17:32,094 --> 01:17:34,028
incriminate the city,

1520
01:17:34,063 --> 01:17:37,307
that would show
the city liable.

1521
01:17:39,032 --> 01:17:40,207
They didn't want to be sued.

1522
01:17:40,241 --> 01:17:41,967
They didn't want
to have to pay anything,

1523
01:17:42,002 --> 01:17:43,520
and that's understandable.

1524
01:17:44,210 --> 01:17:46,316
But they also have to admit

1525
01:17:46,351 --> 01:17:47,904
that they did something wrong.

1526
01:17:52,909 --> 01:17:54,117
When that happens,

1527
01:17:54,152 --> 01:17:55,671
that's the only thing
you can do.

1528
01:17:55,705 --> 01:17:57,880
When you do something wrong,
you admit it and move on.

1529
01:17:57,914 --> 01:17:58,846
You learn from it.

1530
01:18:03,955 --> 01:18:05,541
I got back to work and...

1531
01:18:06,509 --> 01:18:07,579
when the chief
put out an order

1532
01:18:07,612 --> 01:18:09,407
that no one was
allowed to talk to me.

1533
01:18:11,617 --> 01:18:15,829
They moved my desk
to the one right in front
of the captain's door,

1534
01:18:15,862 --> 01:18:18,521
so the captain could see me
at all times.

1535
01:18:19,487 --> 01:18:22,214
You know?
And they let me know that.

1536
01:18:23,768 --> 01:18:26,771
You know? "That's why we're
putting you here,
so we keep an eye on you."

1537
01:18:29,083 --> 01:18:35,675
I retired
on October 31st of 1997,

1538
01:18:35,710 --> 01:18:36,746
I believe it was.

1539
01:18:38,782 --> 01:18:42,752
It was an agreement
between myself and the city,

1540
01:18:42,787 --> 01:18:45,859
and I took
a Duty Disability retirement.

1541
01:19:04,325 --> 01:19:06,672
Probably four years ago, I...

1542
01:19:06,707 --> 01:19:08,916
I would have been
very reluctant to talk to you

1543
01:19:08,951 --> 01:19:11,228
about this,
or about anything,
you know.

1544
01:19:11,263 --> 01:19:13,369
I was
still guarding myself,
but...

1545
01:19:14,715 --> 01:19:17,373
you know,
I don't feel that way now,

1546
01:19:17,407 --> 01:19:18,995
and chips will fall
where they fall.

1547
01:19:30,523 --> 01:19:32,215
CAL: I was glad
it was over with.
I was happy.

1548
01:19:32,250 --> 01:19:33,561
My parents could
move on now.

1549
01:19:35,115 --> 01:19:36,772
You know?
And I guess at that time

1550
01:19:36,806 --> 01:19:38,877
I just thought,
"Well, they gambled."
You know?

1551
01:19:38,912 --> 01:19:41,811
They thought there was
no evidence against them.

1552
01:19:41,846 --> 01:19:43,019
So they all gambled.

1553
01:19:43,433 --> 01:19:44,918
And, you know...

1554
01:19:44,952 --> 01:19:45,850
But then shortly after that,

1555
01:19:45,884 --> 01:19:47,886
it's like,
"Well, that makes no sense."

1556
01:19:47,921 --> 01:19:50,682
And then, you know,
I started to research

1557
01:19:50,716 --> 01:19:53,029
a little more on my own,
talking to people and...

1558
01:19:54,513 --> 01:19:55,825
and, you know,
every day that goes on,

1559
01:19:55,860 --> 01:19:57,620
it's harder and harder
to believe.

1560
01:19:59,208 --> 01:20:00,761
This wasn't a group
of six drifters

1561
01:20:00,796 --> 01:20:03,212
that came through town
and had nothing to lose.

1562
01:20:03,246 --> 01:20:04,627
I mean,
they had everything to lose.

1563
01:20:04,661 --> 01:20:06,008
And they did
lose everything.

1564
01:20:08,458 --> 01:20:10,840
They wouldn't have been
smart enough to pull it off.

1565
01:20:10,875 --> 01:20:12,669
You know?
Now you may hate to say it,

1566
01:20:12,704 --> 01:20:14,982
but a few of them wouldn't
have been smart enough
to pull it off.

1567
01:20:15,017 --> 01:20:18,537
You're going to tell me
that these simple people
outfoxed the police?

1568
01:20:18,572 --> 01:20:21,989
That they didn't leave
any evidence anywhere and...

1569
01:20:22,023 --> 01:20:25,855
All we can go on is a lot
of common sense, really.

1570
01:20:25,889 --> 01:20:29,445
And, you know,
what human nature is,
I mean...

1571
01:20:29,478 --> 01:20:34,588
I find it impossible to believe
that you're gonna have
six people commit a crime,

1572
01:20:34,621 --> 01:20:37,039
within a three-four
minute period,

1573
01:20:37,073 --> 01:20:39,627
that didn't go
to work that day
planning to harm anybody.

1574
01:20:39,662 --> 01:20:41,077
They didn't
premeditate this,

1575
01:20:41,112 --> 01:20:42,976
there was
no prior planning.

1576
01:20:43,010 --> 01:20:46,082
And yet, they are going
to stick to it to this day.

1577
01:20:46,117 --> 01:20:49,085
It's pretty obvious to see
that it really doesn't add up.

1578
01:20:52,019 --> 01:20:54,401
INTERVIEWER: What was it about
this case that grabbed you?

1579
01:20:54,434 --> 01:20:56,748
STEVE KAPLAN: The lack
of evidence.

1580
01:20:56,782 --> 01:21:01,684
There was no direct evidence
of a beating and a murder.

1581
01:21:01,718 --> 01:21:06,654
There was nothing
in the history of any
of the six suspects,

1582
01:21:06,689 --> 01:21:09,380
then defendants,
now convicted,

1583
01:21:09,416 --> 01:21:11,107
um, not defendants,

1584
01:21:11,142 --> 01:21:14,523
that suggested to me
in any way they were violent.

1585
01:21:14,559 --> 01:21:17,079
Every time I looked at it,
it made no sense,

1586
01:21:17,112 --> 01:21:18,874
and I started to see,

1587
01:21:18,907 --> 01:21:21,877
particularly as I read
the news clippings

1588
01:21:21,911 --> 01:21:25,156
back in real time
from theGreen Bay paper,

1589
01:21:25,190 --> 01:21:29,850
I could see the pressure
on the police, on the D.A.

1590
01:21:29,885 --> 01:21:31,990
Somebody had to pay
for this,

1591
01:21:32,025 --> 01:21:33,853
the death of Tom Monfils.

1592
01:21:34,579 --> 01:21:36,063
And it just struck me...

1593
01:21:36,892 --> 01:21:38,410
um...

1594
01:21:38,445 --> 01:21:41,068
uh, as odd
that you would just say,

1595
01:21:41,103 --> 01:21:45,659
"Well, I don't want
to look at the possibility

1596
01:21:45,693 --> 01:21:47,592
"that this may not have been
a murder at all."

1597
01:21:52,804 --> 01:21:54,737
You know...

1598
01:21:54,771 --> 01:21:57,326
everybody calls it...
It's the "Monfils Six."

1599
01:21:57,360 --> 01:21:58,948
It's the "Monfils case."

1600
01:21:59,880 --> 01:22:01,951
And we know
the least about Tom.

1601
01:22:04,643 --> 01:22:06,128
CAL: He was my big brother.

1602
01:22:06,162 --> 01:22:10,925
He was also, in a sense,
almost a parent to me.

1603
01:22:10,960 --> 01:22:14,067
INTERVIEWER: And what was
the age gap
between you and Tom again?

1604
01:22:14,101 --> 01:22:14,999
CAL: Ten years.

1605
01:22:17,691 --> 01:22:18,692
Where a lot of people are
just kind of,

1606
01:22:18,726 --> 01:22:19,762
"Ah, that's
my little brother.

1607
01:22:19,796 --> 01:22:21,452
"Go away.
You're pestering me."

1608
01:22:21,487 --> 01:22:24,629
You know? It wasn't
like that at all.

1609
01:22:24,663 --> 01:22:27,287
I mean, if there is
any picture of a holiday

1610
01:22:27,321 --> 01:22:28,909
of the family together,

1611
01:22:28,943 --> 01:22:31,739
it's always my brother
and myself sitting
next to each other.

1612
01:22:31,773 --> 01:22:33,776
And then he had left
for the Coast Guard

1613
01:22:34,535 --> 01:22:36,020
for quite a few years.

1614
01:22:36,054 --> 01:22:37,918
STEIN:
And he was telling me,
you know, some stories

1615
01:22:37,952 --> 01:22:40,610
about when he was
in the Coast Guard
and stuff like that.

1616
01:22:41,508 --> 01:22:44,304
His thing
in the Coast Guard was

1617
01:22:44,338 --> 01:22:48,860
recovering people's bodies
that had committed suicide

1618
01:22:48,894 --> 01:22:51,690
from jumping off
of bridges,

1619
01:22:51,725 --> 01:22:54,900
and railroad trestles,
and...

1620
01:22:55,660 --> 01:22:56,972
And the way
he described it,

1621
01:22:57,005 --> 01:22:59,353
how they would just shackle
themselves to this weight

1622
01:22:59,388 --> 01:23:01,010
so they couldn't
get away from it.

1623
01:23:01,045 --> 01:23:03,943
And they were going down.
And he says, "Well, they...

1624
01:23:03,978 --> 01:23:05,325
"When they wanted
to kill themselves,

1625
01:23:05,359 --> 01:23:07,016
"they knew
that they weren't gonna...

1626
01:23:07,050 --> 01:23:10,709
"they weren't gonna get
all them chains unlocked
and opened up and..."

1627
01:23:10,744 --> 01:23:12,987
And then when I found out
he had a rope around his neck

1628
01:23:13,022 --> 01:23:15,507
and a weight
at the end of it and stuff,

1629
01:23:15,541 --> 01:23:19,615
I was just like, "Man.
That's almost like the stuff
he was describing to me."

1630
01:23:20,547 --> 01:23:21,962
[BELL RINGING]

1631
01:23:21,996 --> 01:23:24,137
CAL: I was driving with Susan.
It was just me and her,

1632
01:23:24,171 --> 01:23:27,278
and we were all making
funeral arrangements.

1633
01:23:27,312 --> 01:23:29,349
And we'd just left
the cemetery

1634
01:23:29,383 --> 01:23:30,798
and we were going
to a floral shop

1635
01:23:30,833 --> 01:23:32,214
that was
in the neighborhood.

1636
01:23:34,112 --> 01:23:36,873
So we had just pulled
in the lot, and it was noon.

1637
01:23:36,907 --> 01:23:39,911
The noon news comes
on the radio and says

1638
01:23:39,945 --> 01:23:42,568
that, you know,
Tom was found with a rope

1639
01:23:42,603 --> 01:23:44,709
and a weight tied
around his neck.

1640
01:23:44,743 --> 01:23:46,675
And we hadn't known that.

1641
01:23:46,710 --> 01:23:48,264
You know, Sue had
obviously already known

1642
01:23:48,299 --> 01:23:50,818
that he had passed away,
that he was found in the vat.

1643
01:23:50,853 --> 01:23:52,820
When she heard
about this rope and weight,

1644
01:23:52,855 --> 01:23:56,169
she just keeled over
in the passenger seat

1645
01:23:56,202 --> 01:24:00,966
and stared at the floor
for a period of time,

1646
01:24:01,001 --> 01:24:04,039
and then said to me,
"Take me to the bank."

1647
01:24:04,073 --> 01:24:07,076
We went to the bank
and she wanted to go

1648
01:24:07,111 --> 01:24:09,906
in her security deposit box,
which she did.

1649
01:24:09,941 --> 01:24:13,048
And she was just back there
15 to 20 minutes.

1650
01:24:13,082 --> 01:24:15,464
And then she came out.
And then we ended up,
from there,

1651
01:24:15,498 --> 01:24:17,017
we went to
my sister's house.

1652
01:24:17,052 --> 01:24:18,743
I'm just wondering,
what was she looking for?

1653
01:24:18,777 --> 01:24:21,710
Was she heading there to see
if there was a note in there?

1654
01:24:21,746 --> 01:24:22,919
INTERVIEWER:
Did you ask her at the time?

1655
01:24:22,954 --> 01:24:24,990
No, I didn't.

1656
01:24:25,025 --> 01:24:28,648
KAPLAN:
What are you looking for
in the safe deposit box?

1657
01:24:28,684 --> 01:24:30,030
Are you worried about...

1658
01:24:30,065 --> 01:24:32,032
Do you want to look
at the insurance policies

1659
01:24:32,067 --> 01:24:35,311
to see if there is
a suicide exclusion?

1660
01:24:35,346 --> 01:24:37,486
Because now you've made
the same connection

1661
01:24:37,520 --> 01:24:39,452
that a lot of guys have
made at the mill

1662
01:24:39,487 --> 01:24:41,076
that he died
in the exact manner

1663
01:24:41,110 --> 01:24:44,355
that he used to talk about
people killing themselves,

1664
01:24:44,389 --> 01:24:45,735
committing suicide
by drowning

1665
01:24:45,770 --> 01:24:47,392
with heavy objects
tied to them.

1666
01:24:47,427 --> 01:24:49,463
CAL: We went to the bank,
and of course,
I stood there and waited.

1667
01:24:49,498 --> 01:24:51,050
You know, I didn't
go in with her.

1668
01:24:51,085 --> 01:24:52,846
She was in there
15-20 minutes,

1669
01:24:52,880 --> 01:24:54,779
and then we got in the car

1670
01:24:54,813 --> 01:24:56,298
and we drove
to my sister's house.

1671
01:24:57,713 --> 01:24:59,611
It was just an odd thing.

1672
01:25:17,008 --> 01:25:20,529
KAPLAN:
Susan Monfils had
a conversation

1673
01:25:20,563 --> 01:25:23,773
with Tom's mother,
Cal's mother also.

1674
01:25:23,808 --> 01:25:25,775
CAL: She sat at my mom
and dad's house,

1675
01:25:25,809 --> 01:25:27,087
saying at the kitchen table,

1676
01:25:27,121 --> 01:25:28,468
saying that
he committed suicide.

1677
01:25:28,502 --> 01:25:30,090
She repeated it
several times.

1678
01:25:32,851 --> 01:25:33,921
And then there was
some talk

1679
01:25:33,956 --> 01:25:35,026
about some notes
that she had found

1680
01:25:35,059 --> 01:25:37,132
above the ceiling tiles
in her bedroom.

1681
01:25:39,064 --> 01:25:41,688
KAPLAN:
Susan Monfils testified

1682
01:25:41,722 --> 01:25:43,241
that after Tom's death,

1683
01:25:43,276 --> 01:25:45,726
she had pushed up
a ceiling panel,

1684
01:25:45,761 --> 01:25:47,383
I think in the bedroom.

1685
01:25:47,418 --> 01:25:50,075
Because she was thinking
about doing some renovations.

1686
01:25:50,110 --> 01:25:53,320
And down fell
a business card

1687
01:25:53,355 --> 01:25:54,735
from the Green Bay Police,

1688
01:25:54,770 --> 01:25:56,737
and there were
names written on it

1689
01:25:56,772 --> 01:25:58,394
of police officers.

1690
01:25:58,429 --> 01:26:00,603
And she was then asked,
"Well, what did you do with it?"

1691
01:26:00,638 --> 01:26:01,777
"I burned it."

1692
01:26:03,261 --> 01:26:04,400
Sue knows a lot more

1693
01:26:05,263 --> 01:26:06,678
than she ever said.

1694
01:26:06,713 --> 01:26:09,233
And there's really
nobody in the family
that disagrees with that.

1695
01:26:10,441 --> 01:26:13,443
KAPLAN: And then
the question was the knots.

1696
01:26:13,478 --> 01:26:15,755
What are the knots?

1697
01:26:15,791 --> 01:26:20,071
We find a guy living
in the Minneapolis suburbs

1698
01:26:20,105 --> 01:26:23,730
who spent, I think
it was at least four years
in the Coast Guard,

1699
01:26:23,764 --> 01:26:25,732
and then
the bulk of his career

1700
01:26:25,766 --> 01:26:27,871
in the U.S. Merchant Marine.

1701
01:26:27,906 --> 01:26:30,115
And he looks
at the rope knots

1702
01:26:30,150 --> 01:26:33,291
that were tied
first around Tom's neck,

1703
01:26:33,326 --> 01:26:36,639
and then to the handle
of that 50-pound weight.

1704
01:26:36,674 --> 01:26:39,780
And he says those are
two-half-hitch knots.

1705
01:26:39,815 --> 01:26:42,335
And those are taught
in the Coast Guard.

1706
01:26:45,993 --> 01:26:49,445
Then Cal told me
that he had

1707
01:26:49,480 --> 01:26:54,726
obtained knots
from Tom's house
after Tom's death.

1708
01:26:54,761 --> 01:26:56,934
He went looking for knots,

1709
01:26:56,969 --> 01:26:59,214
and he found knots
that his brother had tied.

1710
01:26:59,248 --> 01:27:02,630
They were with a cord,
kind of a thin cord,

1711
01:27:02,665 --> 01:27:04,702
tied around nails.

1712
01:27:04,736 --> 01:27:08,775
And he had,
in the courtroom,

1713
01:27:08,809 --> 01:27:10,570
at the July 2015 hearing,

1714
01:27:10,603 --> 01:27:12,157
he had photographs
of those knots,

1715
01:27:12,192 --> 01:27:14,367
and he also had
the knots themselves.

1716
01:27:15,437 --> 01:27:16,714
They're the same knot

1717
01:27:16,748 --> 01:27:18,785
that was tied
around Tom's neck

1718
01:27:18,818 --> 01:27:20,442
and to the rope handle.

1719
01:27:22,651 --> 01:27:24,584
There are seven people
on the planet

1720
01:27:24,618 --> 01:27:27,138
who matter in terms
of knot tying.

1721
01:27:27,172 --> 01:27:29,451
The six defendants
and Tom Monfils.

1722
01:27:29,485 --> 01:27:32,764
Of the seven, the only one
who was shown to have

1723
01:27:32,799 --> 01:27:34,110
the ability and propensity

1724
01:27:34,145 --> 01:27:36,975
to tie that
two-half-hitch knot
is the guy

1725
01:27:37,010 --> 01:27:39,737
who was in the Coast Guard,
Tom Monfils.

1726
01:27:39,771 --> 01:27:43,568
Then I read
Dr. Young's testimony.

1727
01:27:43,603 --> 01:27:46,053
I read her autopsy report.

1728
01:27:46,088 --> 01:27:47,883
It made no sense to me.

1729
01:27:47,916 --> 01:27:51,231
She ruled out suicide
and ruled in homicide

1730
01:27:51,266 --> 01:27:54,752
on the basis
of a variety of assumptions.

1731
01:27:54,786 --> 01:27:58,237
"Well, these injuries
could only have been
caused by a beating

1732
01:27:58,273 --> 01:28:02,277
"before he was
put into the vat,
or entered the vat.

1733
01:28:02,311 --> 01:28:04,451
How she could
know that was beyond me.

1734
01:28:04,486 --> 01:28:05,728
It just made no sense.

1735
01:28:05,763 --> 01:28:07,316
Every one
of those injuries
could've been

1736
01:28:07,351 --> 01:28:08,213
suffered in the vat.

1737
01:28:08,248 --> 01:28:10,630
There is no injury here
that tells me

1738
01:28:10,664 --> 01:28:13,495
that it could only have been
inflicted by a beating.

1739
01:28:16,912 --> 01:28:21,434
He had
a two-inch-long
skull fracture,

1740
01:28:21,468 --> 01:28:25,645
the edges
of which were parallel,
3/8 inch wide,

1741
01:28:25,679 --> 01:28:28,786
and 1/16th
of an inch deep.

1742
01:28:28,820 --> 01:28:30,132
At his deposition,

1743
01:28:30,166 --> 01:28:33,031
the lead engineer
for the mill said

1744
01:28:33,066 --> 01:28:34,688
that with
the blades rotating,

1745
01:28:34,723 --> 01:28:38,382
Mr. Monfils, particularly with
this 50-pound weight would've

1746
01:28:38,416 --> 01:28:40,763
been physically sucked

1747
01:28:40,798 --> 01:28:43,282
into contact with the blades.

1748
01:28:45,009 --> 01:28:48,323
The police never took

1749
01:28:48,357 --> 01:28:50,808
physical possession
of the blades,

1750
01:28:50,842 --> 01:28:52,291
but they measured them.

1751
01:28:55,778 --> 01:28:57,297
They measured the edge

1752
01:28:58,609 --> 01:29:01,025
as 3/8 inch wide.

1753
01:29:01,059 --> 01:29:03,924
The exact width
of this fracture.

1754
01:29:06,030 --> 01:29:09,032
And the thought
that the police didn't know

1755
01:29:09,067 --> 01:29:11,518
that the dimensions
of that fracture

1756
01:29:11,553 --> 01:29:17,075
just exactly match the width
of those rotating blades is

1757
01:29:17,110 --> 01:29:19,181
a bridge too far
for me to believe.

1758
01:29:25,843 --> 01:29:28,190
The most logical inference
you can draw,

1759
01:29:28,224 --> 01:29:29,950
if we're going
to draw inferences,

1760
01:29:29,985 --> 01:29:31,745
let's draw this one.

1761
01:29:31,780 --> 01:29:34,714
Tom Monfils had
made up his mind

1762
01:29:34,748 --> 01:29:36,647
that his life was
not worth living.

1763
01:29:38,062 --> 01:29:42,066
The last person
to see him alive
is Pete Delvoe,

1764
01:29:42,100 --> 01:29:44,275
a worker at the mill.
And Pete says

1765
01:29:44,309 --> 01:29:49,004
he saw Tom walking
toward the airlock entrance

1766
01:29:49,038 --> 01:29:51,075
to the number seven coop.

1767
01:29:51,109 --> 01:29:53,905
Now that airlock entrance
leads to that coop,

1768
01:29:53,940 --> 01:29:55,562
and it also leads
to the storage room

1769
01:29:55,597 --> 01:29:59,670
where Tom's jump rope was
hanging on a railing.

1770
01:29:59,704 --> 01:30:01,016
The first couple of times

1771
01:30:01,050 --> 01:30:03,225
that Pete Delvoe was
interviewed, he said,

1772
01:30:03,259 --> 01:30:06,331
"I saw him walking
into the number seven coop."

1773
01:30:06,366 --> 01:30:08,023
Later on, he said,

1774
01:30:08,057 --> 01:30:10,094
"Well, I think that's where
he was walking,

1775
01:30:10,128 --> 01:30:11,544
"'cause that's where
the guys would have gone

1776
01:30:11,577 --> 01:30:14,823
"after finishing a task
on the number seven machine."

1777
01:30:14,857 --> 01:30:16,618
But we know Mike Piaskowski

1778
01:30:16,652 --> 01:30:19,655
and Dennis Servais were
sitting there at that time,

1779
01:30:19,690 --> 01:30:23,383
and both Dennis and Mike said,
"He never came in here."

1780
01:30:26,421 --> 01:30:30,148
He had to have gone
through the other door

1781
01:30:30,183 --> 01:30:33,289
in this... that was
connected to this airlock

1782
01:30:33,324 --> 01:30:36,327
that led to what was called
the three-four storage room

1783
01:30:36,361 --> 01:30:39,572
where the rope was
hanging on a railing.

1784
01:30:40,124 --> 01:30:41,608
And we also know

1785
01:30:41,643 --> 01:30:45,300
that the 50-pound weight was
sitting on the floor

1786
01:30:45,335 --> 01:30:47,718
right by the entrance
to that airlock.

1787
01:30:50,375 --> 01:30:54,172
So Tom clearly knew
where that weight was.

1788
01:30:54,207 --> 01:30:56,623
Anybody who worked on seven

1789
01:30:56,657 --> 01:30:58,591
knew where that weight was.

1790
01:30:58,625 --> 01:30:59,764
There was no evidence

1791
01:30:59,799 --> 01:31:01,973
that only
Mike Piaskowski knew

1792
01:31:02,008 --> 01:31:04,459
where this rope
and the weight were.

1793
01:31:06,219 --> 01:31:07,945
He picks it up
by the handle,

1794
01:31:07,978 --> 01:31:09,187
walks through the airlock,

1795
01:31:09,222 --> 01:31:12,121
goes through the door
to the storage room,

1796
01:31:12,156 --> 01:31:15,952
takes his rope
off the railing,

1797
01:31:15,987 --> 01:31:17,402
and proceeds unnoticed.

1798
01:31:17,437 --> 01:31:19,853
And this was
an isolated area

1799
01:31:19,888 --> 01:31:22,718
now that he is in,
in the mill.

1800
01:31:22,753 --> 01:31:26,446
He ties one end
of that jump rope
around his neck,

1801
01:31:26,481 --> 01:31:29,173
the other end
to the handle of that weight.

1802
01:31:29,207 --> 01:31:33,764
Uh, and he knew that he needed
the 50-pound weight

1803
01:31:33,798 --> 01:31:35,455
to keep himself submerged

1804
01:31:35,490 --> 01:31:38,147
so that he would not do
what a normal person
would do,

1805
01:31:38,182 --> 01:31:40,529
which is to fight to...

1806
01:31:40,564 --> 01:31:43,221
struggle to the top
of the surface and breathe.

1807
01:31:51,228 --> 01:31:52,507
INTERVIEWER:
Do you think that...

1808
01:31:54,370 --> 01:31:57,891
Sue would ever say
if she knew anything else?

1809
01:31:57,925 --> 01:31:59,168
I don't think so.

1810
01:32:01,688 --> 01:32:03,138
I think if, you know,

1811
01:32:03,966 --> 01:32:05,520
one person can
hold it inside.

1812
01:32:08,592 --> 01:32:09,523
But not six.

1813
01:32:13,010 --> 01:32:14,356
REY MOORE: The truth is
going to come out.

1814
01:32:14,389 --> 01:32:16,496
I mean,
it may not be today.

1815
01:32:16,531 --> 01:32:19,395
It may not be tomorrow.
It may be five years from now.

1816
01:32:19,430 --> 01:32:21,190
But the truth will come out.

1817
01:32:21,225 --> 01:32:22,502
And when
the truth comes out,

1818
01:32:22,537 --> 01:32:25,469
and my kids can walk
with their head held high

1819
01:32:25,505 --> 01:32:27,127
and know that
the world knows

1820
01:32:27,162 --> 01:32:28,818
that their father is
not a murderer.

1821
01:32:30,786 --> 01:32:31,753
Then it'll be worth it.

1822
01:32:31,787 --> 01:32:33,755
I brought that tape to work.

1823
01:32:33,789 --> 01:32:34,859
I played that tape.

1824
01:32:34,894 --> 01:32:36,378
It was no secret.

1825
01:32:38,242 --> 01:32:39,588
That was all I did.

1826
01:32:41,038 --> 01:32:42,591
I had no knowledge

1827
01:32:42,626 --> 01:32:44,731
that anybody was
going to kill Tom.

1828
01:32:44,766 --> 01:32:46,594
NEWSREADER: Michael Johnson,
serving his sentence

1829
01:32:46,630 --> 01:32:49,460
in another Tennessee prison,
tells what he saw.

1830
01:32:49,494 --> 01:32:51,773
You know, people weren't
throwing things around,

1831
01:32:51,807 --> 01:32:52,773
or stomping on the floor,

1832
01:32:52,808 --> 01:32:54,707
or banging their fists
on the table or...

1833
01:32:56,467 --> 01:32:58,607
It didn't seem like that kind
of an atmosphere to me.

1834
01:32:58,642 --> 01:33:01,058
You know? I didn't see
any violent reaction at all.

1835
01:33:01,092 --> 01:33:02,438
People were just
interested in it.

1836
01:33:02,473 --> 01:33:04,199
I mean, you know,
they wanted to
listen to it.

1837
01:33:04,233 --> 01:33:05,303
You know, what was on it?

1838
01:33:06,753 --> 01:33:09,584
Myself and the other men
are innocent men

1839
01:33:09,618 --> 01:33:12,207
convicted by
state-sponsored perjury,

1840
01:33:12,241 --> 01:33:15,969
coerced by
Detective Randy Winkler,

1841
01:33:16,004 --> 01:33:17,177
and forced into the mouth

1842
01:33:17,212 --> 01:33:19,628
of Brian Kellner
through threats.

1843
01:33:20,594 --> 01:33:21,596
Um...

1844
01:33:23,183 --> 01:33:24,460
Threats and intimidation.

1845
01:33:26,670 --> 01:33:28,913
That's fundamentally against
the principles

1846
01:33:28,948 --> 01:33:30,327
this country is founded on.

1847
01:33:34,298 --> 01:33:36,264
There is no other evidence.

1848
01:33:39,406 --> 01:33:41,754
PIASKOWSKI:
I was in the gymnasium
doing some extra work.

1849
01:33:43,100 --> 01:33:47,449
One of the sergeants
from cell block one
hollered out.

1850
01:33:47,483 --> 01:33:49,693
"Hey, Piaskowski,
come here once!"

1851
01:33:49,727 --> 01:33:51,695
He asked me if I...

1852
01:33:51,728 --> 01:33:54,352
if I was the guy
with the Monfils case.

1853
01:33:54,387 --> 01:33:56,216
And I said "Yeah." He says,
"Well, you're on TV right now.

1854
01:33:56,251 --> 01:33:57,459
"The judge has
made a decision.

1855
01:33:57,493 --> 01:33:59,081
"You're going
to want to see this."

1856
01:33:59,116 --> 01:34:00,669
And in
the sergeant's quarters,

1857
01:34:00,704 --> 01:34:02,326
there were several guys there
like that.

1858
01:34:02,360 --> 01:34:04,708
And they're all like,
"Yeah, yeah.
You're going home.

1859
01:34:04,742 --> 01:34:06,295
"You're going home."

1860
01:34:06,330 --> 01:34:08,919
Mike's appeal
had been granted.

1861
01:34:08,952 --> 01:34:09,851
[MIMICS SCREAMING
IN EXCITEMENT]

1862
01:34:09,885 --> 01:34:12,129
I scream, I scream!

1863
01:34:12,163 --> 01:34:14,510
I'm at work
and I'm screaming.

1864
01:34:14,545 --> 01:34:15,822
I didn't know
what they were
talking about.

1865
01:34:15,857 --> 01:34:18,237
And he said, "Yeah,
they've got it on TV.

1866
01:34:18,273 --> 01:34:20,413
"It'll be coming on again
in a minute."

1867
01:34:20,447 --> 01:34:22,829
FEMALE NEWSREADER:
A huge decision
from a federal judge

1868
01:34:22,864 --> 01:34:24,313
in Milwaukee today,

1869
01:34:24,348 --> 01:34:27,385
overturning
the five-year-old conviction
of Mike Piaskowski.

1870
01:34:27,420 --> 01:34:28,973
In this 25-page decision,

1871
01:34:29,008 --> 01:34:31,907
Federal Judge Myron Gordon says
there is no evidence

1872
01:34:31,942 --> 01:34:35,635
tying Mike Piaskowski
to the murder of Tom Monfils.

1873
01:34:54,205 --> 01:34:55,448
Probably the best day
of my life,

1874
01:34:55,482 --> 01:34:56,656
short of
my daughter's birth

1875
01:34:56,691 --> 01:35:00,004
and my marriage
and all those usual things.

1876
01:35:00,039 --> 01:35:01,903
Best unusual day of my life.

1877
01:35:01,937 --> 01:35:04,940
You only get probably
one miracle in your life.

1878
01:35:05,769 --> 01:35:07,046
And I've had it.

1879
01:35:07,080 --> 01:35:09,151
And Mike's had it.
Whatever.

1880
01:35:09,186 --> 01:35:10,325
We've had it.

1881
01:35:12,948 --> 01:35:14,432
PIASKOWSKI:
And the first thing
I wanted was

1882
01:35:14,467 --> 01:35:16,503
a Whopper, of all things,
if you think about it.

1883
01:35:16,538 --> 01:35:19,196
Anything...
I'm craving a Whopper.

1884
01:35:19,230 --> 01:35:20,197
INTERVIEWER:
How was that Whopper?

1885
01:35:20,231 --> 01:35:21,923
It was very good.
Very, very good.

1886
01:35:21,957 --> 01:35:24,648
TV HOST:
What else do you find
that you appreciate?

1887
01:35:26,030 --> 01:35:27,237
Oh.

1888
01:35:27,929 --> 01:35:28,964
The toilet seat.

1889
01:35:30,483 --> 01:35:32,796
Metal eating utensils.

1890
01:35:33,313 --> 01:35:35,143
A glass glass.

1891
01:35:35,177 --> 01:35:36,489
A ceramic coffee cup.

1892
01:35:37,145 --> 01:35:38,215
Little things like that.

1893
01:35:38,249 --> 01:35:39,561
On my left forearm,

1894
01:35:39,594 --> 01:35:41,528
I have the date and exoneree.

1895
01:35:41,563 --> 01:35:43,530
I don't know if you guys can
see it or not, but it's...

1896
01:35:44,117 --> 01:35:45,255
[INTERVIEWER LAUGHS]

1897
01:35:45,291 --> 01:35:46,430
But it's here.

1898
01:35:46,464 --> 01:35:47,844
See if you can
get it in there.

1899
01:35:48,777 --> 01:35:50,641
ZAKOWSKI:
No, he wasn't exonerated.

1900
01:35:51,434 --> 01:35:52,781
He was not exonerated.

1901
01:35:52,816 --> 01:35:56,026
INTERVIEWER: Okay.
What is the... Correct us.

1902
01:35:57,234 --> 01:36:00,582
He was mistakenly let go.
That's what...

1903
01:36:02,342 --> 01:36:05,035
I asked one of the justices
who I respect,

1904
01:36:06,208 --> 01:36:07,382
"What about the rope
and weight?"

1905
01:36:07,416 --> 01:36:08,901
And he said,
"What rope and weight?"

1906
01:36:08,934 --> 01:36:12,249
And I'm thinking,
"Well, are we talking
about the same case?

1907
01:36:12,282 --> 01:36:14,734
"Did you read
the same transcript?"

1908
01:36:14,769 --> 01:36:19,496
It's my understanding
that the way it was presented

1909
01:36:19,532 --> 01:36:22,984
was that Mike Piaskowski was
guilty of the murder

1910
01:36:24,261 --> 01:36:28,541
and not guilty of conspiracy
to commit murder,

1911
01:36:28,575 --> 01:36:31,889
which is what the crime was
that he was charged with

1912
01:36:31,924 --> 01:36:33,477
and found guilty of.

1913
01:36:33,511 --> 01:36:35,548
They were charged
with party to the crime

1914
01:36:35,582 --> 01:36:37,343
of first-degree
intentional homicide.

1915
01:36:37,377 --> 01:36:40,139
This was
a collective group act,

1916
01:36:40,173 --> 01:36:41,934
and that's what
they were charged as.

1917
01:36:41,968 --> 01:36:45,282
It wasn't that all six of them
tied the rope around his neck,

1918
01:36:45,316 --> 01:36:46,939
or threw him in the vat.

1919
01:36:46,973 --> 01:36:49,942
It was that they are all part
of this sequence of events.

1920
01:36:50,389 --> 01:36:51,875
He didn't hear

1921
01:36:51,909 --> 01:36:54,739
half the evidence
against Piaskowski.

1922
01:36:54,773 --> 01:36:56,638
About the rope,
the weight,

1923
01:36:56,672 --> 01:36:58,709
the significance
of his testimony,

1924
01:36:58,743 --> 01:37:01,160
tying himself to Kutska
and being there at the time

1925
01:37:01,193 --> 01:37:02,644
that he was beaten

1926
01:37:02,678 --> 01:37:04,818
and then having
the same motive.

1927
01:37:04,853 --> 01:37:08,995
So he wasn't...
In our opinion,
he wasn't exonerated.

1928
01:37:09,030 --> 01:37:10,307
He was released.

1929
01:37:10,341 --> 01:37:13,448
If he did do it,
he's gotten away with it.

1930
01:37:13,482 --> 01:37:15,657
And if he didn't do it,

1931
01:37:15,691 --> 01:37:18,833
the other five should be
with him and gotten out
as well.

1932
01:37:18,867 --> 01:37:19,937
Why is that...

1933
01:37:19,972 --> 01:37:22,837
Why is there justice
for just Piaskowski?

1934
01:37:32,674 --> 01:37:36,643
KAPLAN:
In February of 2014,

1935
01:37:36,678 --> 01:37:39,646
my partner, John Lundqvist,

1936
01:37:39,681 --> 01:37:41,614
who was willing to help me,

1937
01:37:41,648 --> 01:37:44,306
um, with the burdens
of this case,

1938
01:37:44,341 --> 01:37:46,308
he interviewed Brian Kellner.

1939
01:37:46,343 --> 01:37:48,724
And during
the course of the...

1940
01:37:48,759 --> 01:37:51,555
the one hour or so
he spent with Brian,

1941
01:37:51,589 --> 01:37:53,591
Brian says to John

1942
01:37:54,489 --> 01:37:56,732
there was never
any conversation

1943
01:37:56,767 --> 01:38:00,425
by Keith on that occasion
at the Fox Den Bar

1944
01:38:00,460 --> 01:38:02,737
about Tom Monfils, period.

1945
01:38:02,773 --> 01:38:03,705
Nothing.

1946
01:38:03,739 --> 01:38:07,467
Not even
a hypothetical conversation.

1947
01:38:07,502 --> 01:38:09,193
It simply never happened.

1948
01:38:09,228 --> 01:38:10,401
It was all made up.

1949
01:38:11,471 --> 01:38:13,404
[KELLNER READING]

1950
01:39:18,849 --> 01:39:20,540
WILLIAMS: He should have
stuck up for himself,

1951
01:39:20,575 --> 01:39:24,061
or fought for help
somewhere, somehow

1952
01:39:24,096 --> 01:39:25,235
to try to get this.

1953
01:39:27,409 --> 01:39:28,478
But when...

1954
01:39:30,447 --> 01:39:33,795
you're a person
who loves your children

1955
01:39:33,829 --> 01:39:35,279
and doesn't want
to see them taken away

1956
01:39:35,314 --> 01:39:36,349
and put in foster care,

1957
01:39:36,384 --> 01:39:38,558
or God only knows where...

1958
01:39:41,353 --> 01:39:43,770
you know,
desperate times sometimes

1959
01:39:44,702 --> 01:39:46,325
make you do
desperate things,

1960
01:39:46,359 --> 01:39:47,809
such as sign
a piece of paper.

1961
01:39:52,779 --> 01:39:55,403
KAPLAN:
John leaves Minneapolis

1962
01:39:55,437 --> 01:39:58,889
and he's made it, I think,
just to Wausau or just beyond,

1963
01:39:59,614 --> 01:40:01,305
uh, just east of there,

1964
01:40:01,340 --> 01:40:05,102
and I get a phone call
from Mike Piaskowski saying

1965
01:40:05,137 --> 01:40:07,001
Brian had died that morning.

1966
01:40:13,386 --> 01:40:14,698
You know, it...

1967
01:40:17,356 --> 01:40:18,771
It was unfortunate

1968
01:40:19,392 --> 01:40:20,704
that...

1969
01:40:21,118 --> 01:40:22,050
he lied.

1970
01:40:22,085 --> 01:40:25,536
It was unfortunate
that by the time he was

1971
01:40:25,571 --> 01:40:29,713
ready to cleanse himself
as it were,

1972
01:40:30,403 --> 01:40:32,957
and try to make amends

1973
01:40:34,097 --> 01:40:35,615
for what he had done,

1974
01:40:35,650 --> 01:40:38,825
that, um, it was too late.

1975
01:40:39,895 --> 01:40:40,827
He died.

1976
01:40:43,554 --> 01:40:46,246
So that was tragic

1977
01:40:46,281 --> 01:40:48,663
for many, many reasons.

1978
01:40:52,011 --> 01:40:55,601
There's so much judgment
that goes with this,

1979
01:40:56,636 --> 01:40:58,742
so many opinions,

1980
01:40:58,776 --> 01:41:03,367
it's hard to be associated
with any part of this

1981
01:41:03,402 --> 01:41:05,749
and not have
some kind of stigma.

1982
01:41:05,782 --> 01:41:09,477
I don't raise a flag of
"I'm Brian Kellner's daughter,"

1983
01:41:09,511 --> 01:41:10,374
you know, kind of thing.

1984
01:41:10,409 --> 01:41:11,686
I don't...

1985
01:41:11,719 --> 01:41:13,343
I talk about my dad.

1986
01:41:13,377 --> 01:41:17,485
But I don't talk about this
for my dad, you know,
kind of thing.

1987
01:41:17,519 --> 01:41:19,521
I talk about my dad
as being my dad.

1988
01:41:19,556 --> 01:41:23,525
Not as being, you know,
the key witness
in the Monfils case.

1989
01:41:23,559 --> 01:41:26,287
He was my father first
before he was a witness.

1990
01:41:35,572 --> 01:41:36,675
WINKLER: I think back...

1991
01:41:41,302 --> 01:41:43,994
My career ended abruptly.

1992
01:41:44,925 --> 01:41:47,031
Not the way
I intended it to end.

1993
01:41:49,620 --> 01:41:51,346
But until that point,

1994
01:41:51,380 --> 01:41:54,210
I had the most
fantastic life.

1995
01:41:55,109 --> 01:41:56,558
[CAR APPROACHING]

1996
01:41:56,593 --> 01:41:58,215
I did experience...

1997
01:42:01,322 --> 01:42:02,219
being a cop.

1998
01:42:04,152 --> 01:42:05,257
I lived my dream.

1999
01:42:07,431 --> 01:42:09,639
Short, but I lived it.

2000
01:42:12,402 --> 01:42:15,991
Throughout this
entire process,
I think I've been...

2001
01:42:16,337 --> 01:42:17,303
um...

2002
01:42:19,616 --> 01:42:21,652
labeled as the one
that solved this case.

2003
01:42:21,687 --> 01:42:23,861
But it wasn't me alone.

2004
01:42:23,896 --> 01:42:26,105
I just either got the...

2005
01:42:27,486 --> 01:42:28,763
got the credit,
or the blame.

2006
01:42:28,797 --> 01:42:31,110
[LAUGHING] Depends
on how you look at it.

2007
01:42:35,287 --> 01:42:36,184
I won the lottery.

2008
01:42:37,081 --> 01:42:39,532
I don't know how else
to put it.

2009
01:42:39,567 --> 01:42:42,984
The legal system in our country
is the best in the world,

2010
01:42:43,018 --> 01:42:44,641
except for
the death penalty.

2011
01:42:44,675 --> 01:42:47,540
It's the best in world,
but it makes mistakes.

2012
01:42:47,575 --> 01:42:50,059
And this again
is another one.

2013
01:42:50,094 --> 01:42:52,889
And when they make a mistake,
it's a horrible one.

2014
01:42:52,925 --> 01:42:54,202
In the big picture,
you know,

2015
01:42:54,237 --> 01:42:56,273
the huge mistake
they made in our case,

2016
01:42:56,308 --> 01:42:59,759
and against me in particular,
the system worked.

2017
01:42:59,794 --> 01:43:02,728
The appeals system allowed me
to regain my freedom.

2018
01:43:02,762 --> 01:43:04,074
It's a mistake.

2019
01:43:04,108 --> 01:43:05,523
Things happen.
Things happen.

2020
01:43:05,558 --> 01:43:09,321
Unfortunately, the mistake
continues for my co-defendants.

2021
01:43:12,047 --> 01:43:15,085
You have to keep that light
at the end of the tunnel,

2022
01:43:15,119 --> 01:43:17,225
remain faithful
in the system.

2023
01:43:17,260 --> 01:43:20,434
If you lose hope,
you might as well
lose your life.

2024
01:43:20,469 --> 01:43:24,750
'Cause a life without hope
of some kind is
a pretty shitty way of life.

2025
01:43:32,620 --> 01:43:36,348
CAL: I haven't seen
Tom's children in...
20 years.

2026
01:43:38,039 --> 01:43:40,766
I think
my daughter is 24,

2027
01:43:40,800 --> 01:43:42,906
and she doesn't even know
who they are.

2028
01:43:42,940 --> 01:43:44,666
She's never met 'em.

2029
01:43:44,701 --> 01:43:47,221
All right.
I shouldn't say that.
Younger, she's met 'em,

2030
01:43:47,255 --> 01:43:49,499
but she has
no recollection of it
at all.

2031
01:43:50,396 --> 01:43:51,708
[INAUDIBLE CONVERSATION]

2032
01:43:51,742 --> 01:43:55,021
CAL: And I think
it's very hard for people

2033
01:43:55,056 --> 01:43:57,990
to understand
where I'm coming from.

2034
01:43:58,023 --> 01:44:00,164
See, people, they immediately
jump to conclusions

2035
01:44:00,199 --> 01:44:02,097
and think, oh,
like I'm a sellout.

2036
01:44:02,132 --> 01:44:03,409
Or like "Oh, my God,
that's terrible."

2037
01:44:03,443 --> 01:44:06,791
Like, "He's with those guys,"
you know?

2038
01:44:06,826 --> 01:44:09,243
If I really thought
any of these guys had
anything to do with that,

2039
01:44:09,277 --> 01:44:11,416
outside of
playing the tape,

2040
01:44:11,452 --> 01:44:14,593
you know, a little
verbal harassment, I...

2041
01:44:14,627 --> 01:44:16,284
you know, I'd have
no use for the guys.

2042
01:44:16,318 --> 01:44:18,735
You know, I am...
I am for the death penalty.

2043
01:44:18,769 --> 01:44:20,564
If you can prove it,

2044
01:44:20,599 --> 01:44:22,255
I am an
eye-for-an-eye person.

2045
01:44:23,429 --> 01:44:24,396
But...

2046
01:44:25,603 --> 01:44:26,880
this just doesn't add up.

2047
01:44:29,573 --> 01:44:33,439
If everything was reversed
and Tom was in jail right now,

2048
01:44:33,474 --> 01:44:36,270
my family would be
as vocal as anybody

2049
01:44:36,304 --> 01:44:38,582
and trying get him
out of prison

2050
01:44:38,617 --> 01:44:40,204
and prove his innocence.

2051
01:44:41,791 --> 01:44:44,243
INTERVIEWER:
What do you think Tom would
want at this point?

2052
01:44:55,772 --> 01:44:56,945
I don't know.
That's a tough...

2053
01:44:56,980 --> 01:44:58,291
That's a tough question.

2054
01:45:21,901 --> 01:45:23,246
FEMALE NEWSREADER:
Dale Basten is now serving

2055
01:45:23,282 --> 01:45:26,112
his life sentence
at Green Bay Correctional.

2056
01:45:26,147 --> 01:45:29,219
Well, I'll be 60
on my next birthday.
So...

2057
01:45:30,772 --> 01:45:32,429
I don't know what to say.

2058
01:45:32,464 --> 01:45:34,431
I suppose I have
a very good chance

2059
01:45:34,466 --> 01:45:35,501
of dying in prison.

2060
01:45:37,020 --> 01:45:38,332
[MELANCHOLY MUSIC PLAYING]



