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Kutska's latest appealed denied in Monfils case

Keith Kutska, in a 2013 photo from the Wis. Dept. of Corrections.

A state appeals court has denied an appeal by Keith Kutska, seeking a new trial for the murder of Tom Monfils.

Kutska was one of six men convicted for the 1992 murder at the then-James River paper mill on Green Bay's east side. Michael Piaskowksi's conviction was overturned by a federal judge, but Kutska, Rey Moore, Michael Hirn, Michael Johnson and Dale Basten are all serving life prison terms.

Kutska's latest appeal cited alleged ineffective assistance of counsel, and newly discovered evidence, and requested a new trial in the interest of justice. Judge James Bayorgeon, who had presided over the original criminal trial, denied the motions. Kutska then appealed to the state appeals court, which denied the motions Wednesday.

"Because some of Kutska’s arguments embellish on issues that were presented and rejected in his previous postconviction motion and appeal, and he has not established ineffective assistance of counsel or newly discovered evidence, we affirm the order," the court wrote.

For each of the arguments, the appeals court ruled there was no reason to grant a new trial.

"Finally, Kutska requests a new trial in the interest of justice. Because he failed to establish ineffective assistance of counsel or newly discovered evidence, that motion is procedurally barred. In addition, he has not established that the real controversy was not fully tried or that, because of trial error, it is probable that justice miscarried and a new trial would produce a different result," the court wrote.

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