Oct 31, 1995 Monfils Homicide: Appeals likely, but some different lawyers pg 1
TUESDAY, October 31, 1995 500 Appeals likely, but with some different lawyers By Don Langenkamp Press-Gazette Press-Gazette Press-Gazette Appeals by Tom Monfils' convicted murderers are a sure thing, but there's a good chance some will have different lawyers than they had for their trial. "Appeals are a foregone conclusion after a first-degree first-degree first-degree murder conviction," said Robert Parent, Rev Moore's lawyer. "It would be almost unprecedented to not appeal." But Parent and several other defense lawyers said they wouldn't carry the appeals forward. Moore, Keith Kutska. Mike t.s Til- Til- Monfils trial The appeals processA-2 processA-2 processA-2 James River officials speak outB-1 outB-1 outB-1 Police will discuss rewardB-1 rewardB-1 rewardB-1 Piaskowski, Mike Him, Dale Basten and Mike Johnson were convicted Saturday of being party to first-degree first-degree first-degree intentional homicide in Monfils' death. Their December sentencing dates were set Monday. One reason defense lawyers wouldn't handle the appeals is that they are a different different legal specialty. Another reason: An appeal can attack the defense effort and defense lawyers wouldn't want to attack their own work. "It's almost malpractice for a lawyer in a murder case to handle the appeal if he handled the trial," Parent said Monday. "If I handled it, now it might occur to me that I might've screwed things up." Royce Finne, Kutska's lawyer, agreed. "One issue is whether the trial counsel screwed up," he said. "I wouldn't recommend recommend the same lawyer." A third reason the six may have different different lawyers is one of economics: They might be broke. "It may very well be that they're all indigent or close to it by now," Parent said. "I don't think (Kutska) has the means (to hire a lawyer) now," Finne said. That means they would be assigned appeal lawyers who are public defenders. defenders. Those lawyers would consult with the trial lawyers and carry the appeals Please see MonfilsA-2 MonfilsA-2 MonfilsA-2 Sentencing dates Keith Kutska: Tuesday, Dec. 12, 11 a.m. Dale Basten: Tuesday, Dec. 12, 1 p.m. Mike Johnson: Wednesday, Dec. 13, 9 a.m. Mike Piaskowski: Wednesday, Dec. 13, 11 a.m. Rey Moore: Wednesday, Dec. 20, 9 a.m. Mike Hirn: Wednesday, Dec. 20, 1 p.m.