Proving Innocence Makes Kensu Case Its Top Priority

Proving Innocence has announced that the Temujin Kensu Case is its top priority for 2009 and in June is appealing to the Michigan Parole and Commutation Board for his release. Temujin Kensu is serving a life sentence for a murder that he did not commit. He has already served over 22 years in prison.

The State convicted Kensu (known as Frederick Freeman prior to his conversion to Buddhism) of the shotgun killing of Scott Macklem in a college parking lot in Port Huron, Michigan on November 5, 1986. But as confirmed by numerous credible alibi witnesses, on that day Kensu was in the Upper Peninsula near Escanaba more than 450 miles from the crime scene. A receipt signed by Kensu also shows that he was in Escanaba the day of the shooting. Moreover, there is absolutely no physical or forensic evidence connecting Kensu to the murder. No gunshot residue was found on his clothing and an ammunition box found at the scene contained a fingerprint not belonging to Kensu. A several-hour warrantless and illegal search of Kensu’s house, trailer, and property found nothing incriminating. Both Kensu and his primary alibi witness have passed lie detector tests that show he had nothing to do with the murder. The tests were administered by former Michigan State Police polygraphers.

That Kensu is innocent is not just Proving Innocence’s conclusion. It’s the assessment of dozens of highly respected and qualified people who have made that judgment. For example, former Michigan Supreme Court Chief Justice Thomas Brennan has said, “Had I been the trial judge, I would have directed a verdict for the defendant.” Hank Glaspie, a former 27-year FBI agent has said, “There wasn’t the evidence to convict him. It just wasn’t there.” And Chester Romatowski, a retired Michigan State Police polygraph expert said the polygraph he administered “Clearly shows that Mr. Freeman did not shoot Mr. Macklem. I feel very confident about that.”

So why was Kensu convicted while the real killer remains free to victimize others? Ross Parker, a former federal prosecutor with more than 30 years experience, chalks it up to an astonishing combination of unprofessional and faulty police work, admitted perjury by a jailhouse snitch, an aggressive prosecutor, erroneous identification by witnesses caused by suggestive police procedures, and a court-appointed defense attorney who was drug-addicted, constitutionally ineffective, and had an undisclosed conflict of interest with the lead detective in the case.

Parker says, “Mr. Kensu did not receive a fair trial. The cards were stacked against him. Within a couple of hours of the homicide, the police had targeted their man and failed to investigate any other leads that would have revealed the real killer. And the prosecution focused the case on demonizing the defendant in the absence of persuasive evidence that he committed the offense.”

As its top priority, Proving Innocence, along with Kensu’s other supporters, is aggressively pursuing four courses of action in a concerted effort to free Kensu: One, a petition is being prepared for submission in June, 2009 to the state Clemency Board as part of an effort to convince Governor Granholm to commute Kensu’s sentence. Two, a Petition for Habeas Corpus has been filed in the U.S. District Court for the Eastern District of Michigan. Three, further investigations are being conducted to identify the real killer. And, four, Proving Innocence will continue building widespread public support for redressing this wrongful conviction.

“This case demonstrates that juries can make mistakes when misled by an overly zealous prosecution and incompetent police investigations”, said David Sanders, a member of Proving Innocence. “Here is a man that has been incarcerated for more than two decades for a crime his did not commit. It’s well past time for the Governor and our criminal justice system to recognize the magnitude of this incredible wrong, act now to free Temujin Kensu, and prevent an innocent man from wasting the rest of his life behind bars.”

Proving Innocence is a nonprofit organization that helps free people who are wrongfully incarcerated by providing investigators to substantiate claims of innocence; producing video documentaries of wrongful convictions to educate the public and policy makers; advocating for reforms in the criminal justice system; and helping exonerees connect with post-release services to facilitate their successful return to society (see www.provinginnocence.net).