Post #4: “One Thing He Is Not; He Is Not The Killer Of Scott Macklem."

WHO KILLED SCOTT MACKLEM?
Author’s Note: Every wrongful conviction causes dual torment: the torment of the innocent yet imprisoned individual, and the social torment that the actual perpetrator remains free. This blog focuses primarily on the latter, in the hope that we will gain more knowledge about the murderer of Scott Macklem.


Resonable Doubt SN1 key artThis particular post discusses a recent portrayal of the wrongful conviction of Temujin Kensu (formerly Fredrick Freeman) in the Macklem case, on the show “Reasonable Doubt” which aired on Investigation Discovery Channel, Season 1, Episode 10: Long-Distance Murder. The conclusions reached during the show compel attention to the fact that Scott Macklem’s murder remains unsolved.


Post #4: “One Thing He Is Not; He Is Not The Killer Of Scott Macklem."
07/19/17

Criminal defense attorney Melissa Lewkowicz spoke those words at the conclusion of the episode, as she and retired homicide detective Chris Anderson described the results of their investigation to the sister of Temujin Kensu. Ms. Lewkowicz called the prosecutor’s case "imaginary" and "conjecture." I wholeheartedly agree with the conclusions reached on the show. I am absolutely thrilled that the show’s producers have hired a private investigator to look into the case further, in the hope of achieving justice.

Read more: Post #4: “One Thing He Is Not; He Is Not The Killer Of Scott Macklem."

Post #3: Advocacy, Part I

WHO KILLED SCOTT MACKLEM?
Author’s Note: Every wrongful conviction causes dual torment: the torment of the innocent yet imprisoned individual, and the social torment that the actual perpetrator remains free. This blog focuses primarily on the latter, in the hope that we will gain more knowledge about the murderer of Scott Macklem.

Post #3: Advocacy, Part I
Date: 04/20/17

As an attorney, I find it repugnant that the defense attorney appointed to represent the accused person in the murder of Scott Macklem didn’t work harder to assure an acquittal. Scott was 20 years old when he was found shot to death in a parking lot at St. Clair County Community College on November 5, 1986. After one interview with Scott’s pregnant fiancée, the police focused on one individual and one only - the wrong person.

Click here for more of the blogPost #3: Advocacy, Part I

Post #2: Reputations

SERIES: WHO KILLED SCOTT MACKLEM?
Author’s Note:  Every wrongful conviction causes dual torment:  the torment of the innocent yet imprisoned individual, and the social torment that the actual perpetrator remains free.  This blog focuses primarily on the latter, in the hope that we will gain more knowledge about the murderer of Scott Macklem.

Post #2:  Reputations
Date:  02/22/17
macklem
You may wonder how the investigation of the murder of Scott Macklem resulted in a wrongful conviction.  Scott was 20 years old when he was found shot to death in a parking lot at St. Clair County Community College on November 5, 1986.  Scott grew up in Croswell, Michigan.  His father was elected Mayor of Croswell in 1982, while Scott was attending Croswell-Lexington High School.  Scott’s father also owned an insurance agency in Croswell.  He was an influential member of the community.

Read more: Post #2: Reputations

Post #1: Misdirection

SERIES: WHO KILLED SCOTT MACKLEM?
Author’s Note: Every wrongful conviction causes dual torment: the torment of the innocent yet imprisoned individual, and the social torment that the actual perpetrator remains free. This blog focuses primarily on the latter, in the hope that we will gain more knowledge about the murderer of Scott Macklem.

Post #1: Misdirection
02/08/07
Scott Macklem was 20 years old when he was found shot to death in a parking lot at St. Clair County Community College on November 5, 1986. The man convicted in his murder did not have an opportunity or the means to carry out this crime. He was convicted based on what I am loathe to describe as circumstantial evidence, since it was actually hypothetical evidence, manufactured evidence, wild speculation, and copious references to the accused’s “bad character.” In fact, there is more than copious, actual evidence that this was a wrongful conviction. The wrongful conviction is another crime, which will be addressed in later posts. Suffice it to say, I’m convinced as is every legal scholar, independent law enforcement consultant and investigator who has looked at this case, that the person who killed Scott Macklem is still at large.

Click here for the complete article: Post #1: Misdirection

Why I Believe in the Reality of False Confessions - Part 1

“You’ve got to be kidding me! Why would anyone confess to something they didn’t do? I can’t believe that.” If I’ve heard it once, I’ve heard it one hundred times. When I first got involved with wrongful convictions, I had no problem believing false confessions occur. For me, they were commonplace. That’s right. Commonplace. So common that it took me a while to understand why other people have such a difficult time accepting that it really happens and it can destroy someone's life. Let me explain.

My Experience as a child
I always thought my two sisters and I were fairly “normal” growing up. Later, I found that in order to dispel such a myth, all I had to do was to get married. A spouse, coming from an entirely different family system, will be very quick to point out your idiosyncrasies and the weird ways of your family! So, it’s important to understand how different “normal” may be from family to family.

Read more: Why I Believe in the Reality of False Confessions - Part 1

Going Beyond Swain - actual innocence in procedural matters

At the very end of the hearing, there was an important exchange that might have gone unnoticed by a person focusing only on Lorinda's future, but which represents a titanic shift in how Michigan law might some day be interpreted. Justice Markman asked Moran a broader question about the argument of innocence being in the background of these hypothetical and theoretic discussions about 'what is a Brady violation?' and 'does this meet the Cress standard?'. In an informed, articulate and confident tone, Moran states,

I certainly accept and promote the idea that there is a background principle that actual innocence matters. And that actual innocence should inform the way this court interprets these various provisions, just as the Federal Courts do, in the habeas analogy, that actual innocence gets you past procedural problems of all sorts, the statute of limitations, procedural default, that you otherwise could not get through without a strong showing of actual innocence.

What the average person on the street thinks every time they hear about such a case is this: "If the person is truly innocence, why should procedure get in the way? If a person is truly innocent, is justice done when the person is kept in prison for the rest of their life? Yes, we need the law, but whatever happened to justice, mercy and Truth?"

Reflecting on Temujin's lawsuit against the MDOC

Far too often with terrible consistency I have witnessed, albeit second-hand, how little justice there is in our penal system. Though there are policies in place that are supposed to protect prisoners from abuse, when a guard or staff takes a disliking toward a prisoner, they can make that prisoner's life a living hell. They will not be called on the carpet by their superiors; often they are encouraged.

Michigan Dept of Corrections LogoTemujin is a solitary prisoner fighting against the Michigan Department of Corrections, usually without a ghost of a chance to prevail. But this was a civil case; not criminal. It was before a group of 8 jurists from all walks of life; not before a panel of judges. Temujin has suffered greatly in his incarceration. One of the reasons he suffers so much is that he has learned to stand up for what he believes is right, and doesn't back down. (His fight has not been just for himself, but also for many fellow prisoners he and his late wife, Amiko, have helped in the past, helping them to file legal papers and give them some sense of hope.) This time Temujin was able to bring the issue out into the open before people who have not experienced what he has, but who know what is right and what isn't; most of all, people from outside the system.

Temujin, as usual, was armed with notebook after notebook of facts at his disposal.

More about Temujin's CaseReflecting on Temujin's lawsuit against the MDOC