The Breakdown
The Breakdown
On November 5, 1986, 20-year-old Scott Macklem was shot and killed in the parking lot of his Port Huron, Michigan community college.
Below: A timeline of Scott's murder
Crystal Merrill was Scott Macklem's girlfriend and had previously dated Fred Freeman (later known as Temujin Kensu).
In the days following Scott's murder, Crystal and her sister suggested Freeman as the killer to investigators.
Despite Freeman living over 400 miles away, having more than 10 witnesses stating that he was local to his home, and no tangible evidence linking him to the crime, Freeman was arrested for the first-degree murder of Scott Macklem.
Below: A map of route Freeman would have needed to drive to the crime scene (and back)
Below: Auto receipt showing Freeman's car was broken down the hours before Scott's murder
Below: Freeman's alibi timeline
The Investigation:
--Freeman was never questioned or interrogated by police or investigators (before or after his arrest). He was immediately imprisoned.
-There was only one fingerprint found during Scott's murder investigation, and it did not match Freeman's. Furthermore, the fingerprint has not been searched for in the Combined DNA Index System (CODIS) by the FBI since 2010. (reference tab with post-1987 case documents).
-College student Rene Gobeyn stated that he saw someone driving in the college parking lot around the time of Scott's murder; however, Rene then picked someone other than Temujin in a police lineup. After Rene continued to change the color, make and model, driving speed, and license plate of the car he said he "witnessed," he proceeded to get "hypnotized" by his college professor, which the court then allowed into testimony (reference tab with 1986-1987 documens).
-There were mugshot inconsistencies, which later proved to be doctored. (Reference tab for Post-1987 documents)
-There were accounts that two men went into the store Scott Macklam worked at (twice) and he seemed "afraid/" The police never tried to find the teo men and interview them.
-Freeman's case was John Bowns' first-ever homicide investigation. in addition to having no experience in that realm, he went to the crime scene by himself.
Additionally, Bowns' was previously fired from the police department after an undercover investigation proved him to be involved in illegal gamblimg, among othrt things, (Reference tab for 1986-1987 documents)
The Trial:
-After Detective Bowns was fired from the police department, David Dean (Freeman's public defender) was the lawyer who got him back on the force.
In another conflict of interest, presiding Judge Corden was also David Dean's probation officer. (Reference tab for 1986-1987 documents)
-The prosecution laid "ninja weapons" and other items along a table which they pushed up against the jury box. None of the items displayed were used to kill Scott and it was later proven that the prosecution had personally bought some of them to display during the trial.
-There was no consensus on a verdict with the jury; however, Judge James T. Corden insisted on one before they could leave. They ultimately voted 5 times. Furthermore, the jury instructions gave a changed description of "reasonable doubt." )Reference taab with 1986-1987 documents)
-Phillip Joplin, a fellow prisoner, testified that Freeman "admitted killing Scott" to him, yet it was later discovered that if Joplin lied about Freeman "confessing," he would be released from prison and sent to live in a halfway house, (which he was). Additionally, Joplin later recanted his testimony (reference tab with 1986-1987 documents).
-Freeman's public defender, David Dean, had a proven cocaine addiction and was later suspended from practicing law. Freeman was not afforded a retrial for "ineffective council", yet another prisoner with the same charge and sentence was (reference tab with 1986-1987 documents).
- After 9 alibi witnesses testified on Freeman's behalf, he was then accused of chartering a private plane, despite being behind on rent and having no steady income. There was no plane, or pilot, or flight log, or receipt of a charter. The prosecution's only "evidence" was having a personal friend of theirs, who was a pilot, testify that it "may be possible" to show up at an airport, approach a pilot, and charter a plane. Additionally, there was no explanation (or proof) of how Freeman could have gotten from the plane to the college campus and back, or what he was supposed to have said to the pilot to convince him to wait for him to return. Three pilots from the exact airport Freeman was supposed to have chartered a plane from have since written letters in support of Freeman (reference tab with post-1987 documents).
-Michelle "Shelly" Woodworth, who was living with Freeman, pregnant with his son, and his alibi for the exact time of Scott's murder, was not called to testify. She later took and passed a lie detector test (Freeman took and passed two) about his alibi (reference both tabs 1986-1987 and post-1987 documents).
The Appeal (Writ of Habeas Corpus)
-In 2010, Judge Denise Page-Hood granted an appeal for Temujin Kensu. She stated Kensu's "rights were violated by an ineffective trial lawyer and misconduct by the prosecutor." In a 52-page report, Page-Hood declared Kensu deserved a new trial.
In 2012, (two years later) the ruling granting Kensu a new trial was overturned on "procedural grounds" of "statute of limitations" for the paperwork being deemed a few days late, (which there was no proof of and took them two years to "realize.") (Reference tab for post-1987 documents)
The above is simply a few of the many reasons Freeman, (now Kensu), has had not even a semblance of justice for forty years (and counting).
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