Oct 5, 1995, Monfils Homicide: Defense plants doubt pg 2
A-2 A-2 A-2 Thursday. October 5, 1995 Green Bay Press-Gazette Press-Gazette Press-Gazette From A-l A-l A-l Wednesday's highlights Monfils tioned to her "something called the "Wiener forklift theory- theory- " "1 have no idea what you're talking talking about," Young told him. and Steam dropped the line of questioning. questioning. But after Wednesday's court appearance. Stearn told the Press-Gazette Press-Gazette Press-Gazette his question referred to David Wiener, a witness in the case. "You'll hear it." Stearn said. "You'll have to hear it in the testimony." testimony." He declined further explanation. Wiener, a former employee at James River, is serving a 10-year 10-year 10-year prison sentence for fatally shooting his brother, Timothy, 29, on Nov. 28, 1993. Timothy Wiener was shot after he came to David Wiener's Allouez home and kicked in the door after arguments over the phone. Young testified Monfils weighed about 200 pounds and had a 50-pound 50-pound 50-pound weight tied to his neck. In their questioning, defense lawyers made much of the 250 pounds total and the fact that the vat where Monfils was found was a long walk in the mill from where prosecutors say his beating took place. Questioning by Boyle and Stearn indicated they both believe Monfils' body was wrapped in paper, possibly to hide it as it was Jurors unaware of Simpson outcome Press-Gazette Press-Gazette Press-Gazette Jurors in the Tom Monfils murder trial probably are the only people left in the area who don't know the outcome of the O.J. Simpson trial. The sequestered jury isn't allowed to watch television, except for approved movies, and is not allowed to read accounts of the Monfils trial or any other trial in newspapers, said Jeanne Ramsden, administrative coordinator coordinator in the Brown County clerk of courts office. Bailiffs, who are with the jurors around the clock, screen all viewing and reading material for the jurors, Ramsden said.' transported to the vat and possibly also as a way to stop blood from dripping. Young said Monfils had received several wounds to his head and neck before he was thrown into the vat. and those would have bled extensively. Wiener has testified in previous court hearings that he saw Basten and Johnson facing each other and stooped as if carrying something heavy between them near the paper pulp vat on the morning of Monfils' disappearance. Wiener allegedly told no one what he saw and even denied under oath that he saw anything, but then he reported it to police more than six months after the fact, Stearn said. Wiener allegedly made the call to police while intoxicated at a wedding reception, lawyers said at the defendants' preliminary hear ing earlier this year. Defense lawyers weren't allowed to attack Wiener's credibility then, but they promised to do so at trial. Was Lepak a 'bulfy7 Testimony from millworker Donald Boulanger Tuesday implied that Randy "Wimpy" Lepak was a bully. Lepak, along with all six defendants defendants and then-union then-union then-union president Marlin Charles, is named in a wrongful death lawsuit that Monfils' widow, Susan, filed in May 1993. Lepak also was charged with a misdemeanor blackballing charge in connection with Monfils' death'. He paid a $1,000 forfeiture for harassment, which is not considered considered a crime, and $200 for disorderly disorderly conduct. Boulanger testified Tuesday under questioning by Basten's attorney, Nila Robinson, that Lepak had once pushed him around physically. Robinson asked if Lepak could be called a bully. Boulanger said yes. r " Boyle referred to an incident in which Boulanger and Lepak had a confrontation, and Lepak allegedly lifted Boulanger and threw him over a paper roll. The incident was not horse-play, horse-play, horse-play, Boulanger said. "I remember going over the roll," he said. Boulanger said he was 5-footrl0 5-footrl0 5-footrl0 and weighed 180 pounds at the time. Lepak is 6-foot-5 6-foot-5 6-foot-5 6-foot-5 6-foot-5 and 300 pounds. Earlier testimony from co-worker co-worker co-worker co-worker Dennis Servais indicated that Lepak was big but "all bark and no bite." Doubts raised about Mineau Boyle suggested Monday that paperworker Jon Mineau was "part and parcel" and a "co-conspirator" "co-conspirator" "co-conspirator" "co-conspirator" in Monfils' death. Mineau, who is not charged in the case, told the Press-Gazette Press-Gazette Press-Gazette Monday he had no part in Monfils' death. Boyle said Mineau appears to have special knowledge of events that morning. The James River company fired Mineau last week without comment, comment, although Mineau said the company fired him for harassing another worker. Mineau denied the harassment. Press-Gazette Press-Gazette Press-Gazette Millworker James Boucher and retired millworker Carl Stencil identified a rope and weight found around Tom Monfils neck as items from the No. 7 paper machine area. Monfils was working working that machine the day he died. Former Brown County Coroner Genie Williams testified that she supervised the recovery of Monfils' body from the vat and maintained custody of it until Dr. Helen Young did the autopsy on Nov. 23, 1992. Young testified that Monfils had several large cuts on his head and a dent that was 2 inches long, 38-inch 38-inch 38-inch wide and ''6-inch ''6-inch ''6-inch deep. He also had a broken jaw and severe bruises on his neck, chest and groin. All of those injuries happened happened before he died, which she could tell because bleeding occurred around them, indicating his heart still was beating, she said. "If he received prompt med ical attention, I think it quite pos sible he'd have lived" despite those injuries. Young said. However, he died of strangula tion, due to the rope around his neck and to breathing pulp, Young said. Autopsy findings don't show the time of death, nor do they give any clue as to the number pf people people involved in beating Monfils or the weapon or weapons used, Young said. Most of the injuries involve "blunt trauma" consistent with a punch or kick, and the dent to the head appears to have been from some hard, straight-edged straight-edged straight-edged object, she said. Judge James Bayorgeon announced announced he had dismissed a juror who became ill and needed medical attention. Fifteen people remain on the jury panel, enough for 12 jurors and three alternates. Kellner: Kutska didn't stay to end of confrontation By Paul Srubas Press-Gazette Press-Gazette Press-Gazette Keith Kutska stood "watching the show" with his arms folded while others harassed Tom Monfils. but Kutska left to take care of his machine and never saw how it ended, paperworker Brian Kellner testified this morning. It ended with Monfils' death at the James River mill that morning. By the time Kutska was done with his machine. "Tom was gone," Kellner said. Monfils' body was found the next day in a pulp vat. Kutska, Mike Piaskowski, Rey Moore, Mike Hirn, Dale Basten and Mike Johnson are charged with being party to homicide in Monfils' death Nov. 21, 1992. J Kellner was deer-hunting deer-hunting deer-hunting on the iporning Monfils died and saw none of the alleged confrontation between co-workers co-workers co-workers and Monfils. However, Kutska told him about the incident and had Kellner, Kellner's ex-wife ex-wife ex-wife and Kutska' s wife play-act play-act play-act parts so he could explain the details, Kellner said. The role-playing role-playing role-playing happened July 4, 1994, at the Fox Den Bar in the community of Morgan, Kellner said. Kellner gave assistant district attorney Bill Griesbach a shove this morning to show how Kutska had shoved Kellner in the bar that night. That shove was Kutska's demonstration of how Hirn had shoved Monfils, Kellner said. But Kutska hedged on some details, Kellner said. Kutska said someone gave Monfils "a slap upside of the head I had taken it as meaning the hand." Kellner testified. testified. But Kutska made a reference Upcoming witnesses Press-Gazette Press-Gazette Press-Gazette Witnesses expected to be called Ijy the prosecution today or Friday: J Brian Kellner, a paperworker and friend of Keith Kutska's, who says Kutska told him several details about what happened to Monfils on the morning of his disappearance. disappearance. Verna Irish, Kellner's ex-wife, ex-wife, ex-wife, who allegedly was present for some of that conversation. Randy Lepak, who was among those allegedly confronting Monfils on the morning of his disappearance. disappearance. Lepak was fined $1,000 for harassment, a non-criminal non-criminal non-criminal non-criminal offense, and $200 for disorderly conduct for his involvement in the 1 confrontation. He also is named in a wrongful death suit that Monfils' family filed. to a wrench or board, saying "what if such an object had been used to strike Monfils, Kellner said. Basten, Hirn, Moore, Piaskowski, Piaskowski, Kutska and Jon Mineau, who is not charged in the case, all were in the No. 9 machine control room next to Monfils' machine shortly before the confrontation, Kellner said. However, Don Boulanger, the machine tender on Mineau's machine, called Mineau away, Kellner said. Kutska also seemed to know in early summer of 1994 that Monfils had sustained some sort of head injury, even though that information information didn't become public until later, Kellner's testimony showed. Kellner and Kutska were working working on Kellner's truck when Kellner bumped his head while ducking to avoid a wrench he'd dropped. "Be careful - you could get a Monfils bump," Kellner said Kutska told him. i:: Wl presented by the Northeastern Wisconsin Arts Council, Inc. October6,7&8 Friday, 10 a.m. - 9 p.m. Saturday 10 a.m. - 6 p.m. Sunday 11 a.m. - 5 pjn. 30 Artists arid Craftspersons Balloon Art by Balloon Brothers Ltd. 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