38 years later: Investigating the true reasons behind Temujin Kensu’s wrongful conviction

Written by Scott Neal

A 61-year old sick and suffering Michigan man remains in state prison after nearly four decades for a murder millions around the world now agree he could not have committed. Michigan’s self-proclaimed “progressive” Attorney General (Dana Nessel) and Governor (Gretchen Whitmer) have refused to do anything about this travesty of justice, even rebuffing calls from hundreds of members of local, state and federal law enforcement officers who agree that Temujin Kensu, (aka Michigan Department of Corrections inmate #189355) is completely innocent and should be freed immediately.

Those making this call, incredibly, even include two former Michigan Supreme Court Justices and a half a dozen FBI profilers. So, the central question regarding Whitmer and Nessel’s indifference is, “Why is Kensu still in prison?” It’s time for a federal independent investigation to provide answers. 

Kensu, (born Fredrick Freeman), was maliciously falsely accused, charged and convicted in a sham trial of the November 5,1986 murder of Scott Macklem, the son of a prominent small-town mayor. Macklem was shot once by an unseen assailant in the parking lot of a Port Huron community college at approximately 9 am on a cold winter day.

Temujin, at just 23, was sentenced to the mandatory term of life in prison without parole. Now, nearly 62, he suffers from a host of serious health problems for which he receives no care, to include a progressive and potentially fatal immune disorder (SCID/UCTD), yet another reason supporters agree he should be released. Multiple expert independent evaluations of his case have concluded that he is wholly innocent. Temujin has a dozen witnesses proving he was in Michigan’s upper peninsula (Escanaba), about 450 miles away from where the murder occurred and not Port Huron. Yet, with overwhelming evidence of his innocence, zero evidence of guilt, and egregious police, prosecutorial, attorney and judicial misconduct, he remains behind bars, 38 years later. 

When people learn about Temujin’s case, they are dumbfounded and find it inconceivable that he could ever have been convicted. His case is indeed incredible and has all the hallmarks of a classic wrongful conviction: a trial rife with prosecutorial misconduct and unethical behavior, unprofessional and incompetent police work, perjured testimony of a jailhouse informant who later recanted, suggestive and defective eyewitness identification, a witness who was hypnotized before testifying only to significantly change his initial claims, and representation by an inept court-appointed, alcohol and cocaine-addicted, and later disbarred defense attorney, David Dean, who was a former assistant county prosecutor. 

My main point, however, is that to truly understand this wrongful conviction, it has to be viewed in the context of a terribly ambitious prosecutor more interested in personal and political power than justice. The prosecutor, Robert Cleland, had just lost his second bid for state attorney general the day before the murder and Cleland needed a quick conviction to help spur his political ambitions which ultimately led later to his appointment as a federal judge. That ambition and Cleland’s’ total lack of a sense of justice pervades the entire case.

Temujin Kensu’s conviction is a direct result of Cleland’s ruthless pursuit of personal gain, rather than any credible evidence of guilt. However, while this explains how an innocent man was wrongfully convicted, it does not account for the far more disturbing reality: why he remains in prison to this day.  

Cleland, like Merrick Garland, a man fueled entirely by agendas having no regard for truth, justice or the devastating human cost of their actions, prioritizes personal ambition and political narratives over the lives and freedoms of the innocent. This speaks nothing of the scores of selfless law enforcement supporters that have come to Temujin’s side who stand for the truth and fight relentlessly for his freedom, many for decades and on a pro-bono basis, refusing to take a penny to help somebody who has lost so much.  

So how exactly did the prosecution obtain a conviction? Since there was no credible evidence of guilt and the mountain of evidence of innocence was overwhelming, the only way prosecutor Cleland could convict was to fabricate or “manufacture” evidence to persuade the jury to ignore Temujin’s solid alibi in addition to attacking his character and turning every good thing Kensu did into something bad. 
First of all, the prosecutor used “Tunnel Vision” focusing on Temujin as the sole suspect within hours of the murder despite the fact that for months he had been in the Upper Peninsula of Michigan far from the murder scene in Port Huron near the thumb of lower Michigan.

Cleland had his “patsy” and no other suspects ever received serious examination. They targeted an “outsider” who was indigent, legally naïve, and unable to effectively defend himself. 

Second, Cleland solicited testimony from a jailhouse informant and six-time felon, Phillip Joplin, to commit perjury by saying that Temujin spontaneously confessed to the murder while they were together in a holding cell in the St. Clair County jail. Joplin later told Cleland he wished to not testify knowing it would be perjured testimony, but Cleland threatened retribution if he did and so Joplin felt he had no option but to go before the jury with a false story.

Third, the prosecution presented almost three days of character assassination through testimony by the fiancé of the victim and former girlfriend of Temujin, who painted him as a dangerous Ninja and member of a secret organization with absolutely no substantiation, which his lawyer should have objected to and never permitted. 

Also, at trial right before the jury, the prosecution displayed on a table all sorts of martial arts weapons, a shotgun, and hard-core pornographic materials that were not even Temujin’s! How does that happen?

Fourth, Cleland hid from Temujin and his defense counsel the actual suspect photo lineup that witnesses were shown that highlighted Temujin’s picture amid the other suspect photos. Instead of the actual highly suggestive photo lineup shown to witnesses, the prosecution presented to the jury a “doctored” and cleaned-up photo lineup that removed photo aspects that highlighted Temujin among all the other suspects. Private Investigator Herbert Welser did not find the real photo lineup, which the prosecution had maintained didn’t exist, until 2008. 

Fifth, the prosecution did not reveal to Temujin, his lawyer, or the jury a very key alibi witness that could conclusively buttress the fact that he was in Rock, Michigan near Escanaba into the early morning hours of the day of the murder 450 miles downstate in Port Huron. A police report, not presented to the defense, confirms that Beth Stier was with him on a date into the morning of the very day of the murder. 

Sixth, though no one actually saw the murder, the prosecutor presented as his key witness Renee Gobeyn, who after suggestive hypnotism and shown the suspects photo lineup highlighting Temujin among all the others, testified he saw Temujin driving by the crime scene by way of a few seconds glance at a moving car. Gobeyn also knew two of the five people in the police physical lineup and he’s the only individual who picked Temujin out of that lineup because he had been previously shown the highly suggestive photo lineup. Another witness who testified said he saw Temujin near the crime scene in another parking lot about 8 am but actually picked another person, not Temujin, at the physical lineup. Gobeyn’s observations were clearly unreliable as he also gave the police a license plate number for a car that turned out to be owned by a jeweler and had no connection to Temujin. 

But clearly, the most egregious instance of the prosecutor manufacturing and fabricating evidence was Cleland proposing to the jury a “Phantom Flight” that could explain how Temujin could commit the murder and negate the testimony of the many alibi witnesses who said he was in Escanaba the day of the murder in Port Huron. 

Cleland proposed that the nearly indigent Temujin somehow chartered an airplane for a flight in the middle of a cold, dark winter night back and forth from Escanaba to Port Huron (almost 900 miles) for which there is absolutely no evidence. Cleland provided nothing to support such a flight – no pilot, no airports or landing locations, no flight plan, no flight receipts, nothing. However, Cleland did call his own personal pilot and friend (not revealing that to the jury or to Temujin) to testify that such a fantastic flight might have happened.

Assuming Temujin had the financial resources, a huge assumption, he would have to have known the exact timing and place Scott Macklem would be and had Scott routinely parked in the lot where the murder occurred, he would have parking tickets because he had no permit. Importantly, Temujin also would have had to have conspirators for him to travel from the landing location and back to the airplane to Escanaba; he could not have undertaken such a complicated endeavor alone. Even though this “Phantom Flight” was completely incredible, the jury bought it and voted for conviction. 

Also, think about this! Temujin never told anyone he planned to do such a complex escapade or had it out for the victim. And for more than 40 years no one has come forward saying, “Yes, he talked about wanting to kill Scott Macklem”. Or, “I heard him planning a flight”. Keeping lips sealed for decades is just not human nature. Had the flight actually happened someone would have eventually talked. 

Beyond prosecutor Cleland’s misconduct and corruption, Temujin’s court appointed counsel, David Dean, failed miserably in providing for his client’s defense. Dean was an alcoholic and cocaine-addicted and was later disbarred. He was a former assistant prosecutor and part of the “old boy network” in St. Clair County. Much of the time, he was drunk and basically lived in the Wall Street Bar.

His own secretary said he was at his worst during the time of Temujin’s trial. It is incredible that Dean did not call as a key alibi witness, Michelle Woodworth, who was with him in Escanaba at the very time (about 9 am) of the murder in Port Huron. Dean also obstructed Temujin’s right to testify, and a newspaper article later revealed after trial that one jury member voted against him for not doing so. 

It is notable that the Port Huron Times Herald called out David Dean and city’s legal community in an October 2010 editorial: “Much about this case is troubling, starting with the Port Huron legal community’s abject failure to police itself. It is now clear Dean’s addictions were well-known to fellow lawyers in 1986, yet they did nothing to protect the integrity of our courts. The system failed Scott Macklem. It failed Fredrick Freeman. It failed all of us.” 

Temujin remains in prison and every court appeal has ultimately failed. Fundamentally, procedural technicalities are why court appeals failed him, not any evidence of guilt. For example, Chief Justice Denise Page Hood of the Federal Court, Eastern District of Michigan, ruled in her habeas decision that Temujin should be given a new trial or released, but her decision was overturned on a technicality (tardy filing) having nothing to do with his actual innocence. This case certainly calls into question our judicial system that has denied justice but, moreover and more significantly, it also calls into question the fact that state authorities who have the power to call out this egregious wrongful conviction failed Temujin even more. 

As one award winning NBC reporter, Hannah Rappleye, said best, “The question is not whether he is innocent. The question is why does he remain in prison?"

If judicial appeals fail, there is always a “failsafe” option for relief through the Michigan executive branch. To wit, the Conviction Integrity Unit (CIU) of Michigan Attorney General Dana Nessel could have helped release Temujin yet it simply dismissed his case after a two-year investigation. Why? Michigan Governor Gretchen Whitmer has yet to grant clemency, which is well within her constitutional powers. Again, why has she not done this? 

The public should be demanding answers to these questions. 

Where’s the logic in the Michigan Attorney General’s CIU failing to exonerate a wholly innocent man after a comprehensive investigation with no mention of the abundance of evidence of his innocence in a murder? Why did the CIU revise its criteria on new evidence while his case was under review and dismiss a newly found critical alibi witness (Beth Steir) as “cumulative” and unimportant? Why did the CIU fail to call out prosecutor Robert Cleland’s misconduct that wrongfully convicted him, as did Chief Federal Justice Denise Page Hood in her habeas decision? Troubling questions indeed. 

Dana Nessel’s inaction was shocking, completely incomprehensible, and a betrayal of the claim the CIU would fight for true justice for the wrongfully convicted. In doing so, the CIU blatantly disregarded its own mission as announced by the Nessel when it was created: In her office’s press release of February, 14, 2019, she stated “The unit will investigate credible claims of innocence to ensure no one is convicted of a crime they didn’t actually commit.” and “We have a duty to ensure those convicted of state crimes by county prosecutors and our office are in fact guilty of those crimes.” 

Where is that duty in Temujin’s case? Why did the CIU betray its own stated mission? It’s the Conviction Integrity Unit for heaven’s sake! Where is the integrity in the CIU dismissing his application on technicalities without one word of his obvious innocence and the prosecutor misconduct that convicted him? 

And importantly, why is Nessel covering up the results of her own investigation contrary to her publicly-stated commitment that her office would be transparent? Nessel has declined all Freedom of Information Act (FOIA) requests meaning that Temujin and Michigan citizens have been denied access to the documentation of the CIU investigation despite Nessel’s avowed transparency as declared in a February 1, 2019 press release, which read in part, “The people’s business should never be conducted behind closed doors and we should do everything in our power to respond quickly, efficiently and thoroughly to every Freedom of Information request we get.” So, why the “closed door” in Temujin’s case? 

The state CIU has done a commendable job in helping some wrongfully convicted people attain justice after years of incarceration. But why did it so miserably fail for Temujin? Logic dictates this conclusion: the only plausible inference is that Nessel is not disclosing the CIU reports and documentation, because they don’t support the closure of his file! 

After all, doesn’t it make common sense that, if the CIU reports supported her office’s decision, Nessel would have simply produced them, waived any potentially applicable privileges and quelled the calls for his release? We instruct juries to use evidence to make logical inferences to determine the truth. It’s simple logic that if you have evidence to support your decisions, and the people affected by those decisions request that evidence, you gladly produce it. You don’t hide it and fight like hell to keep it hidden. 

Yet, amid this heartbreaking injustice, one question looms larger than all others: why does Temujin Kensu remain in prison when the evidence of his innocence is so overwhelming? Why is the state of Michigan so adamantly withholding transparency, particularly in a case where evidence of innocence is not only substantial but undeniable? 

Governor Gretchen Whitmer’s continued inaction is equally perplexing. She holds the constitutional authority to grant clemency but has refused to do so. Could there be factors influencing her decision that go beyond the evidence and extend into political considerations? Whitmer’s campaign rhetoric emphasized justice and reform, yet her silence on this case has been deafening.

What explains her unwillingness to intervene, despite widespread calls from law enforcement, former judges, and legal experts demanding justice for Kensu? 

While Whitmer and Nessel, both former prosecutors ran on a platform of Justice and serious reforms to our “broken system”, they were campaign promises and nothing more. Like so many on the left, they jumped on the bandwagon utilizing tragedies like George Floyd to pretend they cared about injustice when the truth is, Donald Trump is the first president in American history to stand up for justice, reforms and actual innocence, where the left dropped the ball the minute it was no longer fun to play with. Once they won office, those promises disappeared as quickly as the millions in campaign dollars they syphoned from the gullible who believed they were sincere about change.

Many have suggested that the answer may lie not in the merits of the case but in external pressures and alliances. Political connections, financial contributions, and personal influences—factors that should have no place in determining a man’s freedom—may be clouding the judgment of those in power. If there are reasons unrelated to Temujin Kensu’s conviction that have kept him behind bars, the public deserves to know. 

These questions demand answers. If there is nothing to hide, then why the secrecy? Why has every attempt to obtain records, documentation, and explanations from the CIU and the Governor's office been met with resistance? The implications are troubling and strike at the heart of our justice system's integrity. 

It is time for an independent federal investigation into the actions of Michigan’s Attorney General and Governor to uncover the truth. The people of Michigan deserve to know if Temujin Kensu's continued imprisonment is the result of political motivations, financial interests, or other undisclosed influences. Christmas is coming and there's no good reason for Gretchen Whitmer to sit on his clemency application a single day longer.  We believe accountability matters. 

You can help us seek justice for Temujin Kensu by asking Pam Bondi to request an investigation into Dana Nessel and Gretchen Whitmer's knowledge, involvement and denial of freedom to Temujin Kensu. Email her at info@pambondi.com and pam@ballardpartners.com. 

To learn more about Temujin Kensu, visit www.temujinkensu.com. Thank you for your continued commitment to FREEDOM and JUSTICE!