A life of injustice? Gov. blocks one man's quest for freedom

Bill Macumber_20100907202029_JPG

Bill Macumber
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Crime scene_20100907202029_JPG

Crime scene
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Crime scene_20100907202029_JPG

Crime scene
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Crime scene_20100907202029_JPG

Crime scene
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Crime scene_20100907202029_JPG

Crime scene
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Crime scene
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Crime scene
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Posted: 09/07/2010

PHOENIX - For decades, Bill Macumber has been called a murderer.

Convicted of a double homicide, he was sentenced to life without parole and has spent the past 35 years in jail. But his guilt has long been in doubt.

"This case has a stink about it," said Tom O'Toole, a long-time county judge and lawyer.

To this day, Macumber maintains his innocence. But his case is much more than a suspect who claims he didn’t do it.

Macumber’s wife is the person who turned him in. And it's a twisted story of he-said-she-said with an alleged cover-up, set-up and tainted trial.

In fact, another man confessed to the murders several years before Macumber was ever arrested - something the jury never knew.

ABC15 has reviewed thousands of pages of documents, reports and records and spent months speaking with people close to case.

The conviction has been called one of the most "doubtful" in Arizona history. And last year, the state’s board of executive clemency unanimously recommended that Macumber be released.

However, Gov. Jan Brewer denied Macumber's clemency.

Now, Macumber and his lawyers are left without options still trying to figure out what went wrong.

-------

On May 23, 1962, a man and woman, both 20 years old, were shot and killed in a desert area now near Scottsdale and Bell roads.

"It was a terrible senseless killing," said Larry Hammond, a lawyer for the Arizona Justice Project, which represents Macumber. "There was no demonstrated motive."

The bodies of Joyce Sterrenberg and Tim McKillop were found a day later lying next to their car.

Check out the original crime scene photos above (Warning: Graphic content)

The couple’s case was extremely high-profile. But despite the publicity, investigators ran short on leads. And with little evidence, the case went cold.

That is, until one day, 12 years later.

"(Bill's) wife, Carol Macumber, who worked at the Maricopa County Sheriff's Office, went to her supervisors and told them that her husband had admitted to committing these crimes," said Katie Puzauskas, a lawyer for Macumber with the Arizona Justice Project.

Bill Macumber was arrested a week later.

Carol Macumber has changed her last name to Kempfert. She now lives in Washington.

Her testimony was a key piece of evidence that would put him away along with some bullet shells and a palm print found at the scene.

"Miraculously, out of the file jumped a palm print that matched a print of Bill Macumber,” Hammond said. “They must have been further impressed when they found the shell casing of a 45-caliber pistol that Bill owned.”

Bill and Carol were going through a divorce.

At the time, Carol Macumber was a sheriff's office employee and had access to case records, fingerprints and files, according to lawyers and records. She also practiced fingerprinting on Bill when she first started her job.

Was the evidence planted?

The Macumber’s youngest son, Ron Kempfert, said it was a "desperate" move by his mother to protect herself.

"She was going to lose custody of us,” Kempfert said. “There was no doubt about that. She was having affairs. It could be proved that she was having affairs.”

Carol Kempfert said that the accusations against her are untrue. She also said that Bill is the one with a made-up story and that he is a compulsive liar, who has manipulated his son.

“He did tell me he committed the murders,” she said. “He did come home with blood on his shirt … I never lied.”

Carol was under investigation by the sheriff's office, state records show. That’s something Carol also refutes. But documents state that her revelation of Bill’s confession came while she was being questioned.

"I have no doubt my mother set my father up for the murders," Ron Kempfert said.

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Deep in the basement of the law library at Arizona State University is the Arizona Justice Project.

They've been working on the Macumber case since 2000.

There's an entire room dedicated to just Macumber’s case. And buried in the records is a major of piece of evidence that was never heard by the jury.

"They didn't know that there was a third-party suspect," Puzauskas said.

That suspect was Ernie Valenzuela, a self-proclaimed serial killer with a startling connection to the Sterrenberg / McKillop murders.

“When he started talking about (the murders), he was like Hannibal Lector,” said O’Toole, who represented Valenzuela as a young public defender. “He savored them. He cherished them.”

Click to see one of Valenzuela's arrest reports

In the late 1960s, O’Toole was assigned to defend Valenzuela in another murder.

That case was eerily similar to the murders in 1962: A man and woman attacked in a remote area of the desert.

During the case, Valenzuela told O’Toole he had gunned down another couple and described the McKillop / Sterrenberg killings in detail, O’Toole said.

“He was cold-blooded,” he said. “He had a look about him. You had to see it to understand it.”

O’Toole wasn’t the only one. In fact, records show that Valenzuela confessed the murders five different times

to five other people, including a cellmate, another lawyer and psychologists.

O’Toole said he was also given truth serum to validate his confession. But because of attorney-client privilege, he couldn’t say anything.

But then, a few years later Valenzuela was killed in prison.

And O’Toole decided to bring the confession forward in Bill’s trial. But the judge wouldn’t let the jury hear about the Valenzuela connection.

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Bill Macumber and the Arizona Justice Project applied for clemency on December 15, 2008.

The Arizona Board of Executive Clemency took his case a few months later. His case became the only non-DNA case in history where the board has unanimously recommended his release.

In a report detailing the board’s decision, it said, “There is substantial doubt that Mr. Macumber is guilty of the crime for which he is convicted … We believe an injustice has been done … Mr. Macumber’s case is one in which the power of executive clemency should be used to correct a miscarriage of justice.”

Click to read the rest of the clemency board's report

After the decision, Macumber’s lawyers and his son thought they had finally earned his freedom.

“We all thought, he's going to get out,” he said. “We we're making plans for where he was going to stay, for how long he was going to stay and with who. The plans were in the works and we thought it was all done. “

Ron Kempfert describes it as one of his happiest days of his life. But just three months later, it turned into the worst.

That’s when Gov. Jan Brewer decided against letting Macumber go free.

“All we want is an explanation and as a family we deserve that,” he said. “I am a son asking for a reason why his father can't come home.”

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Bill Macumber now sits in a small cell at a jail near the Arizona border.

He is 75-years-old and is in poor health with heart problems, arthritis and emphysema.

ABC15 was granted a 15-minute interview with Macumber over the phone. He said this case has cost him his life -- and even more painful -- his relationship with his two oldest sons.

“I haven’t heard from my other two boys for the whole time, 35 years,” he said. “I wrote dozens of letters to my children and all of them came back refused.”

Macumber can re-apply for clemency next year. But if Brewer wins the November election, he isn’t sure if anything will change.

Officials also said there is a four-year backlog of clemency cases.

“I don’t know how optimistic I am,” Macumber said. “I have very little faith that the governor will change her mind. I hope I am wrong but I just don’t see that happening.”

No one involved in the case knows why Gov. Brewer denied the case.

In a letter to the clemency board, she simply wrote, “The application for clemency for William Macumber, ADC #33867 is denied.”

And in a written statement given to ABC15, a spokesman for Brewer said, “This was decision was made and published many months ago after very careful consideration and contemplation by Governor Brewer.”

It continues, “Every case is carefully scrutinized as the Governor balances the very real and important concepts of public safety, justice and mercy.”

* Read the rest of the Governor's Office statement below.*

Ron Kempfert said that is not enough.

“I could maybe understand the decision. But the no explanation is what I do not understand,” he said. “It’s garbage.

“Do not tell me that that this decision is based on public safety, justice and mercy. Because there is no justice or mercy in this decision,” Kempfert said.

If Macumber confessed, his lawyers said he could have received probation years ago. But Macumber said he will never admit to something he didn’t do.

“My grandfather was a very wise man,” he said. “He once told me, ‘Billy, don’t run away from a problem, run towards it. And I’ve always done that.”

Governor's Office Statement:

"This was decision was made and published many months ago after very careful consideration and contemplation by Governor Brewer. This case involves the decision by not one, but two trials by jury. The Governor does not generally elaborate on issues related to her executive clemency power for multiple reasons, including the highly sensitive and personal nature of the application as well as privacy concerns for the applicants, victims and families. Her thorough deliberation process takes into account all facts presented to her, including a thorough review of the application and testimony before the Arizona Board of Executive Clemency. In Mr. Macumber's case, this review included statements from Mr. Macumber, attorneys, witnesses, law enforcement officers, victims and trial transcripts from both jury trials that convicted him of murder. Every case is carefully scrutinized as the Governor balances the very real and important concepts of public safety, justice and mercy."

Paul Senseman
Office of Governor Jan Brewer


 

Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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