1. The middle-of-the-night flight at a closed airport has no explanation.
The theory’s first half is a pre-dawn walk-in charter from an airport that was closed for the night.
No physical evidence has ever connected him to the crime.
No murder weapon was recovered. No gunshot residue was found on him. A fingerprint on a shotgun-shell box recovered in the investigation was compared to him. It was not his.
The United States Court of Appeals for the Sixth Circuit, the court that kept his conviction in place, stated it plainly: no physical evidence linked Freeman to the murder.
The only witness who claimed a confession later said he made it up.
Philip Joplin, a repeat felon who had been charged as a fourth felony offender facing life, and who told the jury the charge was reduced to second felony offender in exchange for his plea, shared a holding cell with Kensu for a short period days before trial, then testified that Kensu had spontaneously confessed.
In 1990 he admitted under oath he had been told he would not return to prison. In videotaped interviews before his death in 1998, witnessed by a private investigator and a television reporter, he recanted: the testimony was false, he had hoped to shorten his sentence, and he had been coached.
A federal judge found the prosecution “should have known his testimony was untruthful.”
His fiancée swore she was with him at the exact time of the murder. His lawyer never called her to trial.
Michelle Woodworth has sworn that she was with Kensu in Rock, outside Escanaba, at the time of the shooting, pregnant with his child. She has also sworn to why the jury never heard that: detectives threatened her with a perjury prosecution if she testified and with the taking of her then-unborn child, and by early 1987 the threats had driven her from Port Huron to her mother’s home. His lawyer’s office was in contact with her mother before trial. He knew where she was. He never requested her testimony, never subpoenaed her, and never told her why. In 2010, a federal judge found the failure to call her among the constitutional violations at this trial.
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“There is no doubt in my mind that Temujin Kensu did not commit this murder. The wrong person is paying for this crime with his life in prison.”
Governor Whitmer did not create this. She can end it.
Her term ends in 95 days.
The Impossibility
Scott Macklem was killed by a single shotgun blast shortly before 9:00 a.m. on November 5, 1986, in a parking lot in Port Huron, Michigan.
Temujin Kensu, born Fredrick Freeman, was living near Escanaba, in the Upper Peninsula, about 450 miles away.
The federal courts counted “nine witnesses who testified they saw Freeman hundreds of miles away in Escanaba, Michigan, on the day of the murder.”
Every entry below is sworn testimony from the 1987 trial.
McNamara was working the overnight 11-to-7 shift when Kensu and Paul DeMars came in for carry-out orders: “a little after twelve, probably five after twelve.”
Kensu called DeMars about midnight: his car was dead in the Big Boy lot. DeMars drove down and jump-started it, and left him “approximately twenty after one, one-thirty.”
A witness reports a “suspicious man” near a different parking lot. Eight hours earlier, and 450 miles away, two witnesses had Kensu in Escanaba.
Scott Macklem is killed; a witness glimpses a man leaving the lot. Port Huron is 450 miles from where the witnesses above place Kensu that same day.
Coming out of the changing room after her 11-to-12 class she found Kensu at the desk, and left “about ten after twelve.” Asked whether there was any doubt it was him: “There’s no doubt in my mind.”
Kensu came in soon after noon and stayed “about an hour and-a-half, hour and 45 minutes or so,” talking martial arts and demonstrating a kick in the jeans he was wearing.
Kensu stopped on the street and talked with Diehl face to face; Amy Creten and Mike Olson were with Diehl, and Michelle Woodworth was with Kensu. Asked whether he was sure it was November 5: “Yeah.”
Creten swore to the same encounter on her own details, and they match Diehl’s. Two witnesses, examined separately, one street corner, one time of day.
A man came in about a red car with problems sitting in the K Mart lot, “close to closing. We close at 5:30.” His register receipts carry the chronology forward.
Back from the supper break he took between 4:00 and 5:00, Kennedy was asked by a man for permission to leave a car in the lot. The car was still there, in the dark, when he left work.
DeMars saw Kensu again at 6:30 that evening and stopped to talk with him. Asked whether he was sure he actually saw him that day: “Positive. Absolutely.”
Skeptics who still hold to the drive theory should start with the car itself. This is the vehicle the theory needs to cover 900 miles in a day: it was dead in an Escanaba parking lot at 1:20 that morning, and a friend swore to driving out in the middle of the night to jump-start it. By late afternoon it was at an auto parts counter over a fuel pump. By that evening Kensu was asking a local K Mart whether it could sit in their lot overnight because it was broke down. A dead battery at the start of the day, a failed fuel pump at the end of it, and 900 highway miles in between is a lot to ask of a ten-year-old Marquis.
But the car is the smaller point.
The arithmetic is the larger one, and that makes this theory impossible.
To reach Port Huron by 8 a.m., the car has to leave Escanaba before 10:30 p.m the night before.
Leaving Port Huron after 9 a.m., the car gets back in Escanaba at 6:30 p.m. or later.
The driving theory was impossible.
..
So the prosecution proposed a plane.
To convict Temujin Kensu of murder, the prosecution suggested he chartered a plane.
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“It was circumstantial, all circumstantial. We have no evidence.”
The theory’s first half is a pre-dawn walk-in charter from an airport that was closed for the night.
Based on the state’s own sworn numbers, the affordable plane misses the sworn noon appearance at the school, the defense pilot’s plane misses it by hours, and the expensive twin engine plane fits only when every ground task takes its absolute minimum.
Michelle Woodworth’s account covers the moment of the murder: together, 450 miles from Port Huron. She hasn't wavered on this fact in the 40 years she has been saying it. No flight theory survives it, and no jury has ever heard her.
“at the time of the shooting, that being approximately 9:00am on the same date, he was with me in the city of Rock, Michigan, in the Upper Peninsula”
The state’s theory is impossible.
It’s impossible to be in two places at once. What’s possible is your help to end this.
Her term ends in 95 days.
How It Happened
When people first hear this case, they ask the same question: if the evidence is that thin, how was he convicted? The answer is not a mystery. There are glaring failures, each documented, each of which the jury never saw behind.
His lawyer was addicted to cocaine and alcohol during the trial.
The exculpatory witness who could have ended it was never called to testify.
The “murder confession” came from a jailhouse informant who was rewarded, and who recanted.
Temujin wanted to tell the jury where he was. His lawyer wouldn’t let him. A juror later said the silence looked like guilt.
The one identification of the driver came from a hypnosis session where police supplied the details.
Radar and fuel records could have tested the flight theory in 1986. No one ever looked.
In the photos police showed the witnesses, his picture stood out from all the others. The jury was shown a different version.
The only witness who called the flight possible had flown the prosecutor’s own campaign. The jury was never told.
Each of these failures were unknown at trial and resulted in
life in prison without parole.
An informed jury would have been deliberating a different case.
The jury trial verdict was May 18, 1987 and Kensu was later sentenced to life in prison without parole. What follows is serious attempts to challenge that verdict.
The system that heard those attempts is built for finality: a jury verdict is reviewed only for specific legal errors, on deadlines, under rules that grow stricter at every step. The question in front of each forum below is never "did he do it."
Four weeks after the verdict, the same lawyer who never called the exculpatory alibi witness asked for a new trial because of her. Denied: she wasn’t “new evidence,” because he had known about her all along.
The direct appeal took seven years and three courts. A year to get a lawyer, two grounds argued, a hearing ordered, a one-page denial, and no one, at any step, re-examined whether he did it.
The informant came back to court and swore he made the confession up. He named what he’d been promised. Kensu stayed in prison, and the informant died waiting to be believed.
By now the case had Woodworth’s sworn account and the informant’s recantation on tape. The court’s answer: all of it arrived too late.
The first judge, Denise Page Hood, to read the whole record found four constitutional violations and ordered him released or retried. For 19 months, a federal court order said this conviction could not stand.
Reversed, on a filing deadline. The appeals court never disputed what Judge Hood found wrong. Temujin had simply asked for justice too late, under a law passed nine years after his trial.
The lineup photos surfaced after two decades missing, and an expert counted more suggestive factors than she’d ever seen. Denied: not “new” enough. One judge wrote Judge Hood had been right all along.
A federal court agreed the new evidence was strong enough to earn a rare second petition, then denied it under the strictest standard in American law. Strong enough to hear. Not enough to act.
The state’s own integrity unit held the case three years and closed it by letter: no finding of guilt, no finding of innocence, no answer at all.
Eight courts and one state review. Four decades.
Not one ruling, since the jury, on whether he did it.
No court has ever denied this man relief based on the evidence of the case. Problems were found; relief was denied on procedure. A judge wrote the trial was flawed; relief was denied on timing. Forty years of the answer “not our question.”
It is the Governor’s question. It has always been the Governor’s question.
Her term ends January 1, 2027.
You’ve seen how it happened. Be part of how it ends.
Her term ends in 95 days.
The Unsolved Murder
On the morning of November 5, 1986, he was shot once and killed in a parking lot at St. Clair County Community College. He was a son, a brother, and an expectant father. His death was a tragedy and his family’s grief is real. The question this page asks is whether anyone ever seriously looked for the person who killed him.
Campus security head Donna Henderson testified Macklem had no parking permit for that lot and no tickets; his presence there that morning was not predictable to an outsider.
Within a day, the investigation had narrowed to one man, 450 miles away. Leads left behind, resources refused.
The case against him began with a name, and no two accounts agree on who gave it.
On the morning of the murder, the identification witness pointed out a different man.
No one saw the shooting.
The one description of the driver came from a hypnosis session, and the details that matched Kensu were supplied by the hypnotist.
The fingerprint that excluded him was last searched in 2008.
Basic steps were never taken.
Almost the whole case was built on the reports of one detective, and some of them cannot be corroborated.
The State Police found his alibi witnesses within two weeks. Port Huron did not return the call.
The identifiable print from the evidence has never matched anyone, including Kensu, whose own fingerprints have been in the databases since 1987. Port Huron's own police department last had it searched in 2008. It remains on file at the State Police laboratory. The request is to run it once on the systems that exist now. The box was a Federal 20-gauge shell box; the fatal round was 12-gauge (Tr. 864; Welser 2008 evidence review, property tag 3445). The difference is one more reason to run it. At trial, the jury heard the lifts had never been compared with him (Tr. 867).
Ask Whitmer to run the printsThe FBI has replaced the system that searched it. Running it again is a different search.
Prints were lifted from the victim’s own car in 1986. There is no record of what became of them.
Michigan’s integrity unit frees people when old evidence meets new testing. This case has evidence that has never been tested at all.
Two people can order this search: the Attorney General and the Governor.
An unsolved murder. An innocent man serving for it. You can ask her to correct both.
Her term ends in 95 days.
What the Experts Say
Every statement below is from someone who examined this case and put their name on a conclusion: judges, FBI agents, attorneys, state police detectives, prosecutors. None was paid. Most began as skeptics.
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“His is among the most overwhelming cases of actual innocence anywhere in the country.”
After full merits review of the whole record, the only such review this case has ever received, she found four constitutional violations in the trial and a credible claim of innocence, and ordered Michigan to retry him or release him.
“Reading the trial transcript as an outsider, you just had this smell of the whole thing. I don’t see how they could convict the guy. Had I been the trial judge, I hope I would have had the guts to throw the case out.”
“I conclude that defendant’s trial was flawed in several respects and that the United States District Court… did not err in granting him habeas relief.”
“We firmly believe that Mr. Kensu could not have murdered Scott Macklem.”
“There is no doubt in my mind that Temujin Kensu did not commit this murder… My heart goes out to the Macklem family for the loss of their son, but the wrong person is paying for this crime with his life in prison.”
“He didn’t do this. It’s physically impossible. And we have to make it right.”
“We have this profile of this killer, and it’s like we know who he is. We just don’t know his name. We know the type of person that he is. We know characteristics, and we don’t see those in Fred Freeman, who he was back then. We don’t see those in Temujin Kensu.”
“My FBI career involved placing men in jail, not getting them released. Mr. Kensu is the first for whom I have actively supported the release of. If the investigation and evaluation of the evidence in this case had occurred properly in 1986, no law enforcement agency should have identified Mr. Kensu as a suspect.”
“There wasn’t the evidence to convict him. It just wasn’t there. There’s a lot more information behind what appeared at trial.”
“After administrating the polygraph exam to Temujin Kensu, studying the case as to testimony, evidence, etc., in my opinion this is the worst case of a wrongful conviction ever seen in my 42 years in law enforcement.”
“I will just reiterate this is THE worst case of wrongful imprisonment I have been witness to.”
“It was my conclusion that the conviction of Mr. Freeman was a gross miscarriage of justice.... I firmly believe that he is innocent of the charges brought.”
“In this case, Temujin is innocent. He did not do this. This is not a close one.”
“I spent my entire career putting bad guys behind bars where they belong. But this case is a true tragedy. Our criminal justice system failed this time because of faulty police work, overly zealous prosecution, admitted perjury by a jailhouse snitch, a flawed witness identification process, and a drug-addicted and incompetent defense attorney. It was Kensu’s “perfect storm.””
“I reached the firm conclusion that Temujin Kensu did not commit or have any involvement in the murder for which he was convicted. I view Mr. Kensu’s conviction and continued incarceration as an egregious miscarriage of justice, one that is a blot on the system of justice that I tried to serve during my 35 years of practice.”
“I have personally reviewed the documents from the various court cases. As a lawyer, I believe the evidence of innocence is compelling.”
“could not have committed and did not in fact commit the crime for which the state is taking away the entire rest of his life.”
“The inadequacy of his defense attorney, problematic police and prosecution practices, and outlandish assertion that he chartered a plane from the Upper Peninsula to commit murder were quite shocking.”
“I believe, as any reasonable individual who has looked at the record of his case must believe, that Mr. Kensu is fully innocent of the crime for which he has spent over 30 years in prison.”
“Temujin remains in prison because court after court has refused to review the substantive evidence of innocence, and instead turned him down due to procedural technicalities.”
“Mr. Kensu’s case is a perfect example that begs for clemency. Judges in both state and federal court have recognized significant flaws in his trial and the lack of evidence against him.”
“I am convinced that Temujin Kensu did not commit this murder and had no role in it. He is truly innocent, and I encourage the Governor to grant clemency.”
“It’s time for action to release this wholly innocent man so he can return to his family and friends.”
“It’s mind-boggling. You would like to think that somewhere in the system somebody is going to come forward and say, “Come on. You’re putting away an innocent man here.””
“The more you look at this case, it is essentially the ultimate template for wrongful convictions and the failures that lead to them.”
“I’ve written about this case before, and it’s among the most egregious miscarriages of justice I’ve seen.”
“The system failed Scott Macklem. It failed Fredrick Freeman. It failed all of us.”
“Incredibly, none of his appeals have been denied based on the evidence of the case.”
“No matter how I spin it — and I’ve tried — no matter how many people I talk to or scenarios I imagine, I can’t make the puzzle piece fit where Temujin kills Scott Macklem. It doesn’t work. For every conjecture you need to make it work, there are five reasons why it doesn’t.”
“If you’re looking for a fingerprint, if you’re looking for blood, for DNA, if you’re looking for a plane ticket or a record or anything that could clue you into him having a part in this, it’s not there. I’ve read through it all.”
“He was not guilty beyond a reasonable doubt, and not guilty in reality. Kensu is actually innocent.”
“I’m in it until the end. He’s coming home.”
After two decades on the case, his conclusion is unchanged: a conviction for a murder Kensu could not have done.
“The only physical evidence, the fingerprint on the box of shells, clearly excluded Temujin, whose alibi was as good as any we’ve ever seen.”
The experts did their part. Can you do yours?
Her term ends in 95 days.
In the Media
More journalists have examined this case, across more outlets, than almost any conviction in Michigan’s history.
The case has been in the media since 1987. It needs to be on her desk.
Her term ends in 95 days.
Write the Governor
Governor Whitmer’s term ends in 95 days. The power to correct this rests with her alone, and it does not transfer to the courts, the Attorney General, or the Parole Board.
Kensu, now 63, suffers from a life-threatening medical condition; the next clemency window is two years away, and his doctors cannot promise he will make it.
A phone call, letter or email from you will help make the governor aware of how important this issue is, and the more that ask her to act, the more likely she hears our cry and helps Temujin.
The parole board advises her, so if they hear us, she will too.
Clemency moves through two offices: the Parole Board reviews the application and makes a recommendation, and the Governor decides. It matters that both hear from you. Letters, emails and phone calls all count. Just a couple moments of your time to help correct decades of injustice.
Occasional updates and news about Temujin.