May 18, 2012

There is Justice and there is the System of justice.

In a most disturbing turn of events, the Federal Court of Appeals ruled against Temujin Kensu (aka Fredrick Freeman). They reversed the decision of the District Court judge in Detroit. That means he stays in prison. The District Court judge had found that Temujin was entitled to a new trial by reason of prosecutorial misconduct and inadequate defense. While the judges are learned men and bear the burden of administering justice, we cannot agree with their decision;

"For the foregoing reasons, the district court's order conditionally granting the writ is REVERSED and the case is REMANDED for entry of an order dismissing the petition as timebarred."

Here is the published version of the decision.
They seem to be saying that he took too long to ask for the trial, the District Court judge should not have looked at the case because of that, and there really wasn't good enough reason to give him a break. We believe he is innocent. We have discussed the reasons why on this webpage and produced a documentary summarizing those reasons. "JUSTICE INCARCERATED" http://www.youtube.com/watch?v=E2ok8hDBvhU
The Appeals judges discount that the snitch witness, Phillip Joplin, recanted his testimony before his death. I have seen that confession, it is a part of the documentary, check it out. Sure as hell looks to me like a man confessing. The judges say that he didn't sign an affidavit. Whoops, you forgot to dot that "i", stay in jail for life.

" Under all the circumstances, Joplin's unsworn recantation hardly represents such clearly exculpatory evidence as would render it more likely than not that no reasonable juror would have found Freeman guilty of Macklem's murder after all."

Really? Show them the video, I think most reasonable jurors would let him go on this alone. The prosecutor promised Joplin a deal, he took it, he perjured himself and later confessed to clear his conscience before he goes to meet his maker.

"This teaching highlights the deficiencies in the district court's explanation of its analysis. The district court permitted Freeman to pass through the gateway to argue the merits of his claims without first considering all the evidence and making "a probabilistic determination" that Freeman was "factually innocent"-that is, without first requiring Freeman to demonstrate that, more likely than not, no reasonable juror would have found him guilty beyond a reasonable doubt."

Well now, really! The District judge in Detroit made a judgment call that Temujin should get a new trial because his trial was piece of crap. The state attorney general appealed that decision. A new trial would take time and inconvenience them. The appeals court said that he took too long to file so, tough luck. You may be innocent but stay in jail for the rest of your life.

"The alibi witnesses who did testify were able to place Freeman in Escanaba several hours before and several hours after the time of Macklem's murder, approximately 9:00 a.m. on November 5, 1986. Since the record showed that Escanaba is well over 300 miles an at least a five-hour drive from Port Huron, it would have been nearly impossible for Freeman to drive between the two locations between the times he was reportedly observed in Escanaba by these witnesses and the time of the murder. In rebuttal, the prosecution presented evidence that a small plane could make the trip in less than two hours. There was no evidence substantiating the hypothetical possibility that Freeman had ever made such a trip between Port Huron and Escanaba."

But no evidence of any kind that this actually happened outside of the prosecutor's vivid imagination was ever produced.
So, Temujin presented several witnesses from Escanaba, local business people who knew him but were not long time friends or associates. The jury chose to accept the cockamamie theory that he could have dashed to the local airport and talked a pilot into flying him to Port Huron from Escanaba and back in time to establish an alibi within two hours of the murder. Nobody says the witnesses lied, they should have been charged with perjury if that was the case. It was not. Sound reasonable?
Maybe in the movies.

This argument by the prosecutor was introduced in final arguments and defense had no opportunity to rebut.

Enough already, Temujin sits in jail for life for a crime he did not commit. Really, that's Justice, REALLY?

The outgoing Governor refused to grant Temujin a pardon as she was leaving office. In case you don't get it yet, this stopped being about justice a long time ago. They want to keep him in prison while they await appeal. Then drag it out while the appeal is heard, Then drag it out waiting for a new trial. Then if they go to a new trial to drag that out as long as possible. Then if he is set free, he will sue for wrongful conviction. That will drag out in courts. The idea is to try to outlast him before they have to pay for their chicanery.
So, I guess that is what justice is about, money and power and protecting the important people from censure. It sure has improved since the middle ages, hasn't it. Maybe they should go back to the water test. Let's dunk him and see. If he floats he is innocent. If not he's a witch.
FYI. Temujin is still a bright and worthy man, uncorrupted by his situation. Bless you, my friend, stay strong and outlive the bastards.

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TEMUJIN'S CONVICTION OVERTURNED, October 2010
An article in the Port Huron Times Herald says that Federal Judge Denise Page-Hood has overturned the 1986 conviction due to prosecutorial misconduct and ineffective (drunken coke-head) trial counsel. We have been hoping for this for many years. So maybe there is still justice in America. Judge Page-hood has great moral courage, thank you and bless you.

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JUSTICE INCARCERATED
The Fredrick Freeman Story
The documentary has been selected to be shown in the Blue Water Film Festival, in Port Huron, Michigan on October 8th, 2010.

IT WOULD BE MOST HELPFUL IF YOU WOULD PLEASE ASK YOUR FAVORITE DOCUMENTARY CHANNEL, PBS, DISCOVERY, etc., TO SHOW THIS ON TELEVISION.

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OCT 8TH, 2010
TEMUJIN PAROLE HEARING
We attended the recent hearing of Temujin's request for parole on the basis of innocence. This is not what the parole board is used to hearing. Most who come before them do so with contrition for past misdeeds, beg forgiveness and promise never to stray again. Instead, Temujin still strongly insists on his innocence and is willing to be paroled as a convicted killer to gain his freedom.

It turned out to be the longest parole hearing in the board's history, two days and nearly 30 hours of testimony and cross examination. Many were opposed, the prior witnesses against him and the county prosecutor. Many stood for him. Most notable was his current attorney in his federal Habeus appeal. He is a law professor at the University of Michigan and member of their innocence project. The U of M Innocence Project looks at thousands of appeals for their help and selects only those that they unanimously feel are innocent and have no DN A involved. Temujin is fortunate to be one of the very few they have selected.

I think the board heard a lot of hard core facts about what went wrong in this case. I hope many of their minds were opened to the injustice committed. But, it is their job to protect the citizens, not be judge and jury. When they get it wrong, it can be horribly wrong. I understand their concern. They will now consider the mass of testimony and decide whether or not to recommend parole to the governor. Governor Granholm is term limited and will be leaving office soon. I sincerely hope is he is granted his freedom.

Here is the text of my testimony:
In Defense of Temujin Kensu, aka Fredrick Freeman Presentation to the Michigan Parole Board, September 20, 2010

I have been advocating for Temujin Kensu for nearly a dozen years. I do not believe he received a fair trial. The reasons for this are numerous and we have detailed them in the documentary, "Justice Incarcerated", which I presented to the Board for your consideration. I was the producer along with my stepson Edward Cohn. My son Dean Mongan, was the director, editor and cinematographer. Edward is an attorney practicing in Michigan and Massachusetts. Dean is a filmmaker in Los Angeles, California. I became involved in Temujin's plight in 1999 when I agreed to perform his wedding to A'miko. I became curious about the apparent discrepancies in his case.

At first, I was concerned of being conned by a con. It was only after meeting with John Maire, his attorney at the time and still an interested party in this case. I then contacted two private a investigators who were also working pro bono. These men verified my doubts that Temujin had received a fair trail.

In the documentary, several attorneys and judges, notably Thomas Brennan, former Chief Justice of the Michigan Supreme Court, detail the many problems with the trial of Temujin Kensu, or as he was known at the time, Fredrick Freeman. Justice Brennan said that he would not have sent this case to the jury and would have dismissed it. Hopefully, this body is aware of many of those issues already. It is reasonable to say that there is justification for a new trial or a dismissal of the verdict. Many of us believe in his innocence and hope for his exoneration. He certainly deserves a pardon.

I have asked myself what would I have done as the prosecutor in a high profile criminal case. Media dogging the murder and demanding the arrest of the killer would be additional pressure. A ready culprit named by the fianc? of the victim, the suspect of dubious repute, all present an opportunity to quickly conclude an unpleasant matter. The business of justice being what it is, it is understandable that errors could have been committed. Mr. Kensu, after all, would not be only innocent man serving time. I have hear the number of 15 percent as a likely representation of prisoners who are innocent of the crimes that put them behind bars. That number was put forth by the Michigan State University School of Journalism at a symposium several years ago. I cannot vouch for its validity. Some feel it is too high, others feel it is too low. The Chairman of the state's Civil Right Commission, Matthew Wesaw, has been quoted as saying, "The state, however, pays the costs to incarcerate thousands of individuals who may have been determined innocent, or received a lesser sentence had the system worked the way it should." And this in a nation whose incarceration rates are 748 per 100,000, over six times higher than communist China at 120 per 100,000. These numbers are from the most recent issue of Science News, September 11, 2010.

However, this is a Parole Board hearing. I have been impressed by the professionalism and thoroughness of this board. Errors in the past have had terrible consequences. What now is in the best interests of the state, the citizenry and most certainly Mr. Kensu? I think we can agree that he is an intelligent man. He certainly must know that any harm to anyone involved would send him back to prison. I cannot believe he would be so foolish as to throw away this opportunity for freedom. In more than two decades of confinement, his infractions have, by and large, been of a minor nature. He has helped many fellow inmates while in prison. I have sent him several books to help improved his signing for the assistance of deaf prisoners. He has trained himself in the law and has declared his intention to continue the course of assisting others with his skills. He feels he can be gainfully employed and not a burden on the state. He has a home and a loving wife waiting. He has requested to be tethered so that his whereabouts may be tracked.

Temujin Kensu has served many, many years in prison. To proclaim him innocent would indeed be an expensive proposition. To begin a retrial would also be expensive and involve many recriminations of the authorities involved. Parole is an appealing option at this point. Whatever wrongs may have been committed against Mr. Kensu may be addressed in federal court and as a civil matter in a civil court.

Temujin has suffered numerous health problems in prison. He has almost died from medical problems. Not only because of his probable innocence, but also because of his age and health, I request that this board grant him parole. I sincerely believe that Temujin Kensu would return to the community as good and productive citizen.
Most Sincerely,
James Michael Mongan

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OLDER POSTINGS MAY BE FOUND AT THE BOTTOM OF THIS PAGE.

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Temujin Kensu is a man in prison for life for murder. Many of us feel that he was wrongfully convicted. There are numerous reasons to assert that he did not and could not have committed the crime. These reasons were independently verified by a private investigator, James McCachren and his associates in 1999. All appeals at the state level have been exhausted. His only hope for exoneration now lies in the hands of the federal court system and the Department of Justice. That could be a very long wait. Maybe if the Attorney General of the United States got about four million letters it might get his attention. He's got a lot in front of him already. Temujin has taken this blow as well as could be expected. Like us, he had hoped to see the light of day after the Motion for Relief was heard. He is still advocating for his fellow prisoners and addressing inequities in the correctional system. I originally became involved in Temujin's struggles after meeting with him for premarital counseling. I performed his wedding ceremony in prison to his very loyal current wife. (A'miko is quite a lady and has been tireless in his defense.) The apparent inequities in his case are glaring. I was very naive at the time and did not believe that the American system of justice could go so far awry. Now responsible groups are touting that at least 10% of prisoners are innocent - at a minimum - and 15% very likely. Plea bargaining and mandatory sentences haven't improved things. The war on drugs has filled the prisons with many little soldiers that drain the taxpayers resources and patience. Prosecutors and judges are pressured by media, budgets and re-election posturing to appear tough on crime. Unfortunately that seems to mean tough on innocence also. Things will not change until the people demand that we deal with each other in a truly fair and just way. We are only so great a people as we are. All the media hype in the world cannot change that. Temujin (formerly known as Fredrick Freeman) has been moved again, new address below. Any message of hope and encouragement that you could send him would be a blessing.

WOODY'S WORDS My name is Allen Woodside and I am a semi retired professional private investigator who once worked for Fred/Temujin and Denise/A'miko in effort to establish evidence of his innocence. Before going further, I would like to first thank you for the coverage you have given to his situation in today's paper. I'm delighted the media is starting to show more interest in his dilemma after all the years since his wrongful conviction. I especially appreciate the fair balance in your reporting. I'm compelled to write you about my involvement in the case because I want to share my findings and feelings in hope that it will further enlighten you and other media folks to better understand the underling factors leading to the wrongful conviction of Mr. Freeman/Kensu. Chances are you have already heard what I'm telling you plus a lot more concerning other investigators findings and opinions. Nevertheless, I'd like you to read my commentaries and opinions more than anything else in hope that my perspective of the issues might lend to the overall picture of this unconscionable denial of justice. (continued on the linked article)

Temujin's own account
of the events can be found on his new website,
ijconline.org. Click here.

	(Link to) The Temujin Kensu Story. Click here for the reasons why many believe him innocent.	Here is a letter from Temujin on the subject of wrongful incarceration.
SEND EMAIL SUPPORTING TEMUJIN TO HIS WIFE A'MIKO	Send me an e-mail, mike@m2solids.com	Temujin would be happy to hear from you. Please write to him at: Temujin Kensu 189355 9625 Pierce Road Freeland, MI 48623

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To the many foreign visitors to this website, please note that an ordinary citizen such as myself does still have the freedom to write these words. Other supporters and myself still have the power to challenge our government and hold them to a higher standard. If you have questions on the American system of Justice or on this case, direct them to the United States Information Agency or your local American Embassy. If you wish to email your comments to me, they would be appreciated.

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OLDER POSTINGS

Here's an email from Temujin's wife A'miko.
May 29, 2009
Hi,
Well, we have been busy. If you haven't heard by now Granholm in March denied his Clemency petition blaming the fact that the board didn't give him a public hearing, yada yada. Never mind that she could have sent it back saying I need one to make up my mind. Heaven forbid our Governor actually make a decision and stop swaying in the breeze. On a brighter note in Federal Court our judge issued a ruling in our favor to allow all the new material that the Port Huron retired detective came up with and she seems to have a good idea of what happened. The only down side is that habeas petitions are averaging about 5 years.

Proving Innocence which is a group started by Bill Proctor is really starting to take off and they have issued several press releases regarding TK's case. There is a Kensu Campaign Page that I hope everybody goes to and sends the letters to the governor and attorney general and also signs the petition. Please send it on we need all the signatures we can get. Ross Parker has taken over as his attorney. Ross was a US Attorney for 30 years and the head of the criminal division in Detroit.
Here's the link to the Campaign Page.

The story also was in the Flint Journal on Memorial Day:

I wish I could say he was doing good but his shoulder has torn the rest of the way and he has lost the use of his left arm. The main artery to the arm is pinched in the separation and the facility and hospital doctor say any further breakdown in the joint and the main artery will most likely be torn. We just found out today that even though the prison contracted insurance company approved fixing it the MDOC said they will not allow it and they even took him off any pain medication. I really can't even describe how I feel right now about everything.

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An article appeared in the Detroit Free Press in mid December 08, Shaky Evidence Still Led to Murder Conviction with important updates on Temujin's case. But no good news. in fact, there was a disturbing comment. I quote the reporter, Jeff Garrett.
"In 2007, the governor's new Executive Clemency Advisory Council voted unanimously that Freeman's case had merit, records show. On Feb. 15 of this year, the Parole Board voted 6-3 to take "preliminary interest" in the case, said MDOC spokesman Russ Marlan. But after getting a psychological report, the board voted 9-0 on April 25 to oppose the commutation."

So in other words, if you get upset by being set up and put in prison for life by a drug gang, then you shouldn't be let free. Why not? Freedom might actually help you on the outside?

Kudos to the Free Press for this hard hitting article. Shame on those weak of moral courage. Shame on the trembling poiticians and judges who cringe at the thought of justice. Next time you hear of a prosecutor bragging about his high conviction numbers, know that is by the convoluting of justice and the prosecution of innocents.

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Here's another story from SandySaboda. Apparently the defense team has been allowed to view the evidence from the case. Gosh isn't that supposed to happen before the trial rather than a couple of decades later. It includes the shotgun shell that the prosecutors didn't think was significant enough to bring up. Lost and Found, Metro Times Feb 13th,08

December 5th, 2007
While you are enjoying the warmth of your holiday festivities, give a thought to Temujin. He will be spending his Christmas behind bars for the 21st year. So far there has been no action on his case, even after all of the positive support he received last summer and the parole board review. I can't say nothing is happening. I simply don't know of progress. But it still lies heavy on the heart. Merry Christmas Temujin, may the new year bring you freedom.
September 5th, 2007
Detroit's Metro Times published an update on some encouraging news. Look for NEWS HITS in the 8/29/07 issue at www.metrotimes.com . And check out the new link. Sandra Svaboda accompanied him on his interview with the head of the parole board, Temujin pleads his own case. Essentially what seems to be happening is that the state's new Clemency Board recommended that the Parole board reopen Temujin's case. Hopefully, it will result in his freedom. Whether or not that involves exoneration is perhaps another matter. This horribly mishandled case is now an embarassment to the state. So if this is a blow for Justice or a blow to Justice is still an open question.

Since we began this crusade many years ago, it was a mind boggling concept that our system of justice could send an innocent man to prison. In the intervening years, it is no longer a surprise. Numbers of 15% of the prison population being innocent are not jaw-droppers anymore. That figure is considered a minimum. It isn't just Michigan, it's America. We will face many more challenges and changes in our near future. How we handle them as a people directly determines what this nation becomes. And that "as a people" part means you and I. It used to be that "Freedom, Justice and the American way of life" brought pride to the soul and a beacon of hope to the rest of the world. It will not, if you do not believe it, live it and demand it of you officials. After all, they work for you and are payed by you. If, as their employer, you were faced with the decision to keep 'em or fire 'em, what would be your choice? If you say "Fire 'em", why are they still chomping chicken on your money?
August 8th, 2007
Part 2 of the METRO TIMES article about Temujin is on the streets and on their website.
"REASONABLE DOUBTS, Part II" is the title. It is by Sandra Svoboda, who has done a most thorough job of telling the tale. You can click this link to access it. Their website has this story in full and Part I also, check it out. It is hard hitting journalism at its finest. I think Sandi should get a Pulitzer Prize for this. I guarantee you will not be bored for a minute, even though it is a several pages long.

So here we are as a nation, trying to convince the world that we have their best interests at heart. Frankly, we are trying to convince our own citizens that we have their best interests at heart. Here is a coverup for a drug hit that puts an innocent guy behind bars for life. How can any responsible government official, that claims to represent the people, turn a blind eye. WHERE IS THE DEPARTMENT OF JUSTICE! WHERE ARE THE GOOD GUYS! WE THE PEOPLE ARE BEING SCREWED OVER BY THOSE WE ELECTED TO REPRESENT US. Remember the "OF THE PEOPLE AND FOR THE PEOPLE" thing. That is what gives us the "SHALL NOT PERISH FROM THIS EARTH" part. When we become just another banana republic are we entitled to perpetual grazing rights? If you citizens sit on your asses and watch it all crumble around you, don't bitch when they haul your sorry butt off to a re-education camp. Don't think it can't happen here. It is happening here. The problem isn't them, IT IS YOU!

This is not only about Temujin. It is also about the thousands of others who rights have been violated and whose freedom has been unjustly taken away.

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August 1st, 2007
METRO TIMES is a local news and entertainment weekly in Detroit. They tackle stories that the majors won't touch, like this one. Temijin is the lead story this week with Part 2 due next week (August 8th).

"REASONABLE DOUBTS" is the title. It is by Sandra Svoboda, who has done a most thorough job of telling the tale. Can't wait to see Part 2. Their website has the story in full, check it out.

The documentary was presented at Central United Methodist Church in Detroit as announced. It was very well received and must have had an impact. The attorney general of Michigan is asking the judges of the Federal Eastern District to recuse themselves. I understand that the reasoning goes that since the prosecutor in the case is now a judge on that bench, it would be better to move it. Sounds fair, except that he is a Republican and the judge hearing the case is a Democrat. Moving it to the west side of the state would get it into the hands of a good conservative Republican. Humm, let's see, wasn't the prosecutor in the case a Republican also? Yup, darn near every elected official in Port Huron - the scene of the crime- is a Republican. Shame I never saw the Republican sticker on the statue of justice. Not that I have anything against Republicans, just politics is inappropriate here. After all our governor is a Democrat and wouldn't touch the case when she was attorney general. Why the hell is it so tough to get justice around here? Even my cats know this case stinks to high heaven.

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June 1st, 2007
The most vocal advocate for this case has for many years been TV Reporter par excellence, Bill Proctor. Bill began airing pieces on Temujin in the 90's on the local ABC affiliate, WXYZ, Channel 7 in Detroit. He is a former Detroit police officer with much street cred as they say these days. He has announced that he is taking an unpaid leave of absence from his job with Channel 7 to pursue the investigation further. He intends to pursue leads to the true killer and investigate the real reasons for the coverup which tossed Temujin to the wolves. That, my friends, is truely courageous journalism. Our loudest cheers go out for him. Here are a couple of links to this story, I cannot say how long they will stay active.
Channel 7's online news summary
Here's an interview on rival Fox News

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The Ides of March, the 15th, 2007
Temujin's Attorney has filed a petition for a writ of habeas corpus before US District Judge Denise Page Hood. This is most lkely his last chance to get a claim of wrongful conviction into the federal court system. A recent article in the Port Huron Times Herald gives more details, Murder appeal reaches court. It has been posted to this site with permission of Mr. Chapin. A documentary is in production and a link to a trailer is posted on the home page of this site.

The former prosecutor in the case, Robert Cleland, is now a federal judge serving in the same court. We can only hope and pray that Judge Denise Page Hood will review the petition on its merit alone.

If you believe that justice in the United States in general, Michigan in particular has suffered serious blows to its integrity, now would be great time to let that be known. Somehow, somewhere make yourself be heard that you believe in the Constitution, the rule of law and justice equally for all.

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JULY 14th, 2006
When we first became involved with Temujin's case, our feeling was that Justice had not been well served in his conviction. It was our hope then, as it is now, that he would be given a fair and impartial trial. We still hope for his exoneration and the conviction of the true killer.

Now it appears that hope will not be realized for a very long time, if ever. There is the very real possibility that Temujin will spend his life in prison for a crime he did not commit. Facing that, it would not be prudent to refuse an opportunity for parole if one were offered. He would at least have his freedom. In the past he has opposed this choice just as he opposed making any deals at his initial trial. He insisted on his innocence which invited the wrath of officials who brought the full weight of punishment upon him.

As a practical matter, it is not in the interest of the state to exonerate him. To do so would invite a lawsuit for wrongful incarceration that could cost Michigan a lot of money. The economy of the State of Michigan is currently the worst among the 50 states. Large settlements would not sit well with the voters. After all, politicians and judges seek reelection. They often do so on promises to be tough on crime. That can be tough on innocence, as it is conviction numbers that are thrown to voters. Exoneration numbers are not boasted. When was the last time you heard a politician say, "Look how many innocent people I have set free". We would wish that such a boast gathered the praise and support of the electorate. It does not. Those in politics are, if anything, savvy in the ways of courting the favor of the electorate.

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