GREEN BAY, WI (WTAQ) – The latest appeal by Keith Kutska of his conviction in the 1992 murder of Tom Monfils should be denied.
That’s according to the Wisconsin Department of Justice, who filed a 49-page motion Friday. In it, the state argues Kutska failed to prove any reasons for a new trial.
The Department of Justice summarized its arguments in 4 areas:
- “Kutska failed to prove that he was denied the effective assistance of counsel at his trial over twenty years ago.”
- “Kutska has not adequately developed his arguments that the circuit court erroneously rejected his due process claims.”
- “Doctor Sens’ newly formed opinion does not qualify as newly discovered evidence because it would not change the result of Kutska’s trial.”
- “It is not in the interest of justice to vacate Kutska’s conviction.”
Online court records indicate that Kutska’s attorneys have until June 6 reply.
Kutska, along with Michael Hirn, Michael Johnson, Dale Basten, Rey Moore, and Michael Piaskowski, were convicted of killing their co-worker at the then-James River paper mill on Green Bay’s east side.
All are serving life prison terms except for Piaskowski, who was released after a federal judge overturned his conviction.
Retired Outagamie County Judge James Bayorgeon, who heard the original joint trial of the six men, will issue a ruling at some point after that.
