Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature may not be available in some browsers.
regionaltard said:Industry jargon generally understood by the folks I addressed my question to.
In the
United States Court of Appeals
For the Seventh Circuit
No. 01-1159
MICHAEL L. PIASKOWSKI,
Petitioner-Appellee,
v.
JOHN BETT,
Respondent-Appellant.
Appeal from the United States District Court
for the Eastern District of Wisconsin.
No. 99-C-1428--Myron L. Gordon, Judge.
Argued May 18, 2001--Decided July 10, 2001
Before EASTERBROOK, MANION, and EVANS,
Circuit Judges.
EVANS, Circuit Judge. On November 10,
1992, the Green Bay, Wisconsin, police
department received an anonymous tip that
Keith Kutska, an employee of the James
River Paper Mill, was going to steal a
piece of electrical cord at the end of
his shift. The police passed the tip on
to the company. When Kutska left the mill
that evening, a security guard stopped
him and asked to search his duffel bag.
Kutska refused to permit the search and
left the premises, but he received a 5-
day, unpaid suspension from work for not
letting the guard peek into his bag.
Kutska was not happy about this, a fact
that quickly became known around the
mill. Later, Kutska learned that the
police were tipped off by the anonymous
call, and he set out to determine who
blew the whistle on him. Fearing
repercussions, the mill worker who
provided the tip, Thomas Monfils, begged
the police not to give Kutska access to
the tape of his call. But, in a
bureaucratic screw-up, Kutska obtained a
copy of the tape with little difficulty.
How Kutska obtained the tape is detailed
in Monfils v. Taylor, 165 F.3d 511 (7th
Cir. 1998), cert. denied, 528 U.S. 810
(1999). We won't repeat here what we said
there. Suffice to say that once Kutska
got his hands on the tape, he immediately
identified Monfils as the tipster.
Kutska brought the tape to the mill (on
November 21) a few days after he returned
from his suspension and played it a
number of times for various coworkers,
including once for Monfils, who admitted
making the call. Michael Piaskowski and
Randy LePak, who were with Monfils and
Kutska for this tape playing, reacted
strongly. On his way out the door after
hearing the tape, Piaskowski said, "Geez,
Tom, I just Frickin' don't believe you'd
do that." LePak was more expressive,
telling Monfils, "You can thank your
Frickin' lucky stars you didn't do it to
me, or I'd have killed you."
News of these events spread quickly
throughout the mill. And many workers,
around 20 it would appear, eventually
heard the tape early that morning.
Shortly after 7 a.m., Kutska took the
tape to the control room for machine 9
(a/k/a "coop 9") and played it for a
group that included the five men with
whom he would later be convicted of
Monfils' murder: Piaskowski, Michael
Hirn, Reynold Moore, Dale Basten, and
Michael Johnson. Although Kutska had
stolen the electrical cord, he implied
that Monfils' accusation was false, and
he told Moore and Hirn to "give Monfils
some shoot" for snitching on a fellow
union brother.
Meanwhile, Monfils left his post at coop
7 to perform a periodic task known as
"turnover" scheduled for 7:34. A minute
later, an altercation involving Monfils
and a number of workers occurred near a
water fountain (or "bubbler" in Wisconsin
parlance) located between coops 7 and 9.
Monfils was attacked and seriously
injured. He was left, unconscious but
alive, lying in a ball on the mill floor.
Approximately 5 minutes later, mill
worker David Wiener observed Basten and
Johnson in an area which connects the
paper machines with the vat that supplies
pulp to the machines. Johnson was walking
backwards, 5 or 6 feet in front of
Basten, and they appeared to be carrying
something--and on the basis of this
evidence, that something was Monfils--
toward a pulp vat.
At 7:45 Kutska and Moore entered coop 7,
followed within minutes by Piaskowski.
Kutska told Piaskowski to alert a
supervisor that Monfils was missing,
purportedly to get Monfils in trouble for
leaving his work station. Piaskowski did
so and added that there was "some shoot
going down." A search was begun, and the
next day Monfils' body was discovered at
the bottom of the vat. A heavy weight,
usually kept near machine 7, was tied
around his neck. The coroner determined
that Monfils died by asphyxiation due to
the aspiration of paper pulp.
miles otoole said:I guess the sarcasm went right over your head.
73-Driver said:The only thing seperating some FO's from Captains is not skill or experience but a senority number!