The experts who examined this case, in their own words.
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.”
Judiciary
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.”
Investigators
“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.”
Prosecutors
“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.”
Officials
“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.”
Attorneys
“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.””
Media
“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.”
Advocates
“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.