What the Experts Say

The experts who examined this case, in their own words.

Every statement below is from someone who examined this case and put their name on a conclusion: judges, FBI agents, attorneys, state police detectives, prosecutors. Many began as skeptics.

Imran Syed
Michigan Law, University of Michigan

“His conviction is a horrific miscarriage of justice, and everybody who ever hears his name, Temujin Kensu, should come to the conclusion he is an innocent man, serving time for a murder he did not commit.”

The University of Michigan’s Innocence Clinic accepts only a fraction of the cases brought to it, and it has represented Kensu since 2010, through the federal habeas victory, the photographic litigation, the CIU application, and the clemency petition filed in June 2022 that remains pending before the Governor.

An institution whose currency is credibility does not spend sixteen years on a case it doubts. Its public case summary notes what this site documents page by page: no one saw the shooting, a witness was hypnotized before testifying, and nine alibi witnesses, none of whom ever wavered, placed him more than 400 miles away.

Judiciary

Judge Denise Page Hood

After full merits review of the whole record, the only such review this case has ever received, she found four constitutional violations in the trial and a credible claim of innocence, and ordered Michigan to retry him or release him.

Denise Page Hood · U.S. District Judge (later Chief Judge), Eastern District of Michigan (2010)

After full merits review, she found (1) that trial counsel obstructed Kensu’s right to testify in his own defense, despite his doing “all that he could do” to exercise it; (2) that counsel’s failure to call Michelle Woodworth, the witness covering the murder minute itself, was “so serious that it deprived Petitioner of a fair trial”; (3) that the prosecution failed to disclose its arrangements with the informant, and “should have known his testimony was untruthful”; and (4) that his first appellate lawyer was ineffective for never raising trial counsel’s active substance abuse.

The condition of her order: a new trial within ninety days, or release. Michigan appealed instead; the 2012 reversal was on the petition’s timeliness, and no court has ever rejected these findings on their merits.

Justice Thomas E. Brennan

“Reading the trial transcript as an outsider, you just had this smell of the whole thing. I don’t see how they could convict the guy. Had I been the trial judge, I hope I would have had the guts to throw the case out.”

Thomas Brennan (d. 2018) · Former Chief Justice, Michigan Supreme Court; founder, Thomas M. Cooley Law School

Brennan's statement was given on camera to WXYZ-TV's Bill Proctor for a January 2009 special report, after reading the trial transcripts. A second, independent account of his view comes from Cooley law professor Ronald Bretz, who wrote the Governor in 2018 that Brennan told him he had never granted a directed verdict of not guilty in his years as a trial judge, and "would have granted the motion in this case." Two sources, nine years apart, the same conclusion from a former chief justice.

Judge Douglas B. Shapiro

“I conclude that defendant’s trial was flawed in several respects and that the United States District Court… did not err in granting him habeas relief.”

Douglas B. Shapiro · Judge, Michigan Court of Appeals (separate opinion, 2015)

Writing separately in 2015, Shapiro enumerated the federal court’s four grounds and added that the habeas petition “also raised credible arguments regarding the utter lack of evidence to support the prosecution’s theory that he traveled by private plane from Escanaba to Port Huron and back on the day of the murder.” A sitting Michigan appellate judge, in a published opinion, describing the state’s central theory as supported by an utter lack of evidence.

“the prosecution offered no evidence that Freeman did, in fact, obtain a plane and fly.”

Judge William Bertelsman · Senior U.S. District Judge, sitting by designation in the Eastern District of Michigan (2019)

Assigned the case after every judge in the Eastern District of Michigan recused, he ruled against Kensu on the strict standard for successive petitions. His opinion still sets out the record plainly: nine alibi witnesses placed Freeman in Escanaba, the prosecution answered with a flight it never proved, the murder weapon was never recovered, and the car seen on campus was never found.

U.S. Court of Appeals for the Sixth Circuit

“Freeman's unsuccessful attempts to obtain the photos on direct appeal and collateral review call into question the completeness of the prosecution's file.”

U.S. Court of Appeals for the Sixth Circuit · Judges Keith, Siler, and Stranch (2017)

In 2017 the same appeals court that reversed Judge Hood in 2012 authorized a new habeas petition on the lineup photographs. It noted the police department's 2004 written answer, "Photos not in the possession of this department," and found Freeman had made a prima facie showing on the photographs. It also stated the defense's nine alibi witnesses in its own words.

Investigators

Herbert Welser

“There is no doubt in my mind that Temujin Kensu did not commit this murder… My heart goes out to the Macklem family for the loss of their son, but the wrong person is paying for this crime with his life in prison.”

Herbert C. Welser · Retired detective lieutenant, 31 years, Port Huron Police Department (the department that convicted him)

Welser spent thirty-one years at the Port Huron Police Department, the department whose investigation convicted Kensu, much of it as a homicide investigator. He did not sign a statement; he re-investigated the case himself, at length, against his own department’s work, at real cost to his standing in that community.

It was Welser who, in 2008, located the original lineup photographs that had been unavailable for two decades, the discovery behind the photographic litigation that followed. When the state’s 2022 review closed the case, the “voluminous materials” its own letter says it relied on were largely his.

Jerry Hardesty

“I will just reiterate this is THE worst case of wrongful imprisonment I have been witness to.”

Jerry Hardesty · President, Michigan Council of Professional Investigators; retired police lieutenant

Hardesty wrote Gov. Snyder in August 2018, identifying himself as a retired police lieutenant with homicide and forensics experience who had worked the case "free of charge for about 3 years." After "my month-long review of the evidence," he wrote, he "reached the same conclusion... as did many other retired law enforcement officers who have reviewed and investigated this case." The letter also records something otherwise unpublished: the Parole Board had sent the Governor a July 25, 2018 letter recommending against clemency. His closing: "You have the ability and authority to right the wrong that our criminal justice system has failed to provide."

Molly Rebholz

“He didn’t do this. It’s physically impossible. And we have to make it right.”

Molly Rebholz · Private investigator, Delta Force Investigations (Gladstone), working the case pro bono

She and Jim McNeil took the case without pay, in the county where the alibi lives, and their appeal runs on Escanaba’s own airwaves: anyone who remembers Nov. 5, 1986, and anyone who knows who worked at Barron’s Real Estate, where reportedly a woman wrote his name on the desk blotter around noon, and has never been found. His reading of how it happened is the stereotype itself: the wild boyfriend with the motorbike, the leather jacket, and the karate. Two private investigation practices now work this case for free; that fact is its own kind of evidence about what the file looks like to people whose job is reading files.

James B McCachren

“My own review of this case shows that virtually no competent police investigation was done, nor was there any thorough forensic investigation.”

James B. McCachren · Licensed private investigator and former attorney

In 2001, McCachren wrote to Governor John Engler after spending hours with Kensu in prison, then taking his files and evidence to experienced police investigators, including former Detroit homicide detective William Lamb. He went on to assist Kensu's appellate lawyer "free-of-charge, because I am also convinced without a doubt of Fred's innocence." He asked the Governor to have the conviction reviewed by "an independent, neutral and unbiased agency, preferably your own office or that of the Michigan State Police." The letter is filed in the federal court record.

Julia Cowley

“We have this profile of this killer, and it’s like we know who he is. We just don’t know his name. We know the type of person that he is. We know characteristics, and we don’t see those in Fred Freeman, who he was back then. We don’t see those in Temujin Kensu.”

Julia Cowley · Retired FBI special agent and criminal profiler; host, The Consult: Real FBI Profilers

Her show exists to examine offenders’ behavior, and its consultants are retired FBI profilers reviewing cases they did not work as advocates. The Consult built its analysis of this murder from the crime itself, examining the scene, the autopsy, and the record across a multi-part series that centered Scott Macklem rather than the man convicted of killing him. Her conclusion, restated in March 2025: the behavioral profile of the killer does not match Fred Freeman as he was in 1986 or Temujin Kensu as he is now, and the person who shot Scott Macklem is likely still out there, “probably local to either Croswell or Port Huron, that area they were familiar with.” She holds the conclusion the way a professional should, adding that if new information emerges, she wants to take another look. An unsolved murder is exactly what her profession says this still is.

Harold C. Copus

“My FBI career involved placing men in jail, not getting them released. Mr. Kensu is the first for whom I have actively supported the release of. If the investigation and evaluation of the evidence in this case had occurred properly in 1986, no law enforcement agency should have identified Mr. Kensu as a suspect.”

Harold C. Copus · Retired Special Agent, FBI
Hank Glaspie

“There wasn’t the evidence to convict him. It just wasn’t there. There’s a lot more information behind what appeared at trial.”

Hank Glaspie · Former FBI Special Agent, private investigator
Dr. Jennifer Dysart

“In my professional experience of looking at over a hundred identification procedures in cases where identification is a dispute, I've never seen this number of cumulative factors in an identification procedure.”

Dr. Jennifer Dysart · Professor of Psychology, John Jay College of Criminal Justice; co-author, Eyewitness Identification: Civil and Criminal

Testifying under oath in 2014, the eyewitness-identification scientist walked through how Freeman's photograph differed from the four fillers. She called the lineup "highly suggestive." She had evaluated more than a hundred identification procedures in criminal cases, and had never reviewed one where witnesses saw photographs with suggestive features and the jury was then shown versions with those features removed.

“After administrating the polygraph exam to Temujin Kensu, studying the case as to testimony, evidence, etc., in my opinion this is the worst case of a wrongful conviction ever seen in my 42 years in law enforcement.”

Chester S. Romatowski · Michigan State Police polygraph examiner, 25 years; Oakland County Sheriff’s Department, 17 years

“It was my conclusion that the conviction of Mr. Freeman was a gross miscarriage of justice.... I firmly believe that he is innocent of the charges brought.”

John Boggs · Detective Sergeant, Michigan State Police, 16 years; 36 years an investigator; more than 100 homicide investigations

Retained in 2002 to review the case, Boggs read the reports and interviewed jurors and witnesses himself. Court-qualified as an expert in death investigations, he had helped prove six defendants innocent before trial across his career. His written conclusion asked for a new trial, a commutation, or a pardon. It has been in the federal court record since 2008.

“It's so improbable it's unbelievable.”

Harvey Setter · Manager, Delta County Airport, Escanaba, 1982–1999

Setter managed the airfield from which the prosecution's theorized night flight would have departed. In a 2023 letter to the Governor, he explained why a walk-in night charter from Escanaba was improbable. The trial's only support for an unrecorded departure was a detective's hearsay account of what the airport manager had said. Setter was the airport manager.

“The airports were too small to take walk-ins. The same was true at the St. Clair County Airport.”

Rick Orzel · Owner, fixed-base operation, St. Clair County Airport, 1983–2013

Orzel ran the service operation at the field where the theorized flight would have landed, and he knew the state's pilot witness personally for decades. He writes that Evans "had enough experience to know that his testimony about walk-in flights was false." He kept "records of every fuel sale that could have been checked if anyone had asked me," until he purged them about fifteen years before writing. The first person ever to contact him about the case called on behalf of the Innocence Clinic in 2023. His reason for writing: "nobody should be in prison based on false testimony."

Prosecutors

Brett Talley

“In this case, Temujin is innocent. He did not do this. This is not a close one.”

Brett Talley · Former federal prosecutor; host, The Prosecutors, with co-host Alice LaCour, former federal prosecutor

Their podcast exists mostly to defend convictions, and they say so. Working from the full trial transcripts, they walked the case through the rules of evidence they practice under: the character evidence that should never have reached a jury, the five-photo array with one mismatched photo, the informant the judge improperly vouched for, and a rebuttal witness who proved a flight was mathematically possible and nothing more. Their conclusion went further than reasonable doubt, and further, by their own account, than they had ever gone before: “I think this is the first time we’ve gone so far as to say someone is completely innocent.” Her verdict was the same: “I don’t think he’s the one who killed Scott Macklem.” Both episodes end with the same sentence this site ends with: the Governor of Michigan can fix this.

Ross Parker

“I spent my entire career putting bad guys behind bars where they belong. But this case is a true tragedy. Our criminal justice system failed this time because of faulty police work, overly zealous prosecution, admitted perjury by a jailhouse snitch, a flawed witness identification process, and a drug-addicted and incompetent defense attorney. It was Kensu’s “perfect storm.””

Ross Parker · Retired career federal prosecutor
Jonathan E. Maire

“I reached the firm conclusion that he did not commit or have any involvement in the murder for which he was convicted... I view Mr. Kensu's conviction and continued incarceration as an egregious miscarriage of justice, one that is a blot on the system of justice that I tried to serve during my 35 years of practice.”

Jonathan E. Maire · Former Ingham County assistant prosecutor; former Lansing municipal judge; appellate attorney for Kensu

Maire practiced law in Lansing from 1965 to 2000, beginning as an assistant prosecutor and serving as a municipal judge. Kensu sent him the case materials around 1995. After reviewing the transcripts, pleadings, police reports and witness statements, he took on the appeal pro bono and argued the 2004 motion for relief from judgment. In his 2006 letter to the Parole Board he wrote: "I know of no one who has bothered to review his case, except for those involved in his prosecution, who have come to any other conclusion." The letter is filed in the federal court record.

Officials

Senator Carl Levin

“I have personally reviewed the documents from the various court cases. As a lawyer, I believe the evidence of innocence is compelling.”

Carl Levin (d. 2021) · U.S. Senator (ret.)

Levin wrote Gov. Snyder in August 2018, two years after leaving the Senate. He had worked with the Michigan Innocence Clinic while in office and found it "a very reliable judge of the merits of claims of innocence." Having "personally reviewed the documents from the various court cases," he singled out the flight testimony: the prosecutor's own pilot "was allowed to testify that it was possible" to charter a plane and return in time, "although there was not a shred of evidence that he did so." He enclosed Michelle Woodworth's letter to him with his own.

Rep. Rashida Tlaib

“could not have committed and did not in fact commit the crime for which the state is taking away the entire rest of his life.”

Rashida Tlaib, Andy Levin & Stephanie Chang · Joint statement, May 25, 2022

Their May 25, 2022 statement expresses respect for the Attorney General and her office, then concludes that “the standard used by the CIU in its review of the Kensu case predetermined the outcome — to us, the wrong outcome.”

They state that their view rests not on technicalities or procedure but on the fact that Kensu “could not have committed and did not in fact commit the crime.”

And they close by naming the remedy this entire site is built around: Article V, Section 14 of the Michigan Constitution, which confers on the Governor the power to grant reprieves, commutations, and pardons.

Sen. Stephanie Chang

“The inadequacy of his defense attorney, problematic police and prosecution practices, and outlandish assertion that he chartered a plane from the Upper Peninsula to commit murder were quite shocking.”

Stephanie Chang · State Senator (then State Representative)

Chang's statement was collected by Proving Innocence in 2019. Three years later, after the Attorney General's Conviction Integrity Unit closed its review of the case, she joined U.S. Reps. Andy Levin and Rashida Tlaib in a joint statement saying the unit's standard "predetermined the outcome — to us, the wrong outcome," and that "Kensu could not have committed and did not in fact commit the crime." The three asked Governor Whitmer to grant clemency.

Steven Bieda

“I believe, as any reasonable individual who has looked at the record of his case must believe, that Mr. Kensu is fully innocent of the crime for which he has spent over 30 years in prison.”

Steven Bieda · Judge, 37th District Court; wrote as a State Senator (2018).

Writing to Gov. Snyder in September 2018, Sen. Bieda, who had worked on the state's wrongful-conviction compensation law, called the case "a case where justice was not done" and asked the Governor to use "our Constitution's last failsafe for justice, the executive pardon power." He was appointed to the bench in 2023.

Attorneys

David Moran

“Temujin remains in prison because court after court has refused to review the substantive evidence of innocence, and instead turned him down due to procedural technicalities.”

David Moran · Co-Director, Michigan Innocence Clinic, University of Michigan Law School
Ryan M. Shannon

“Mr. Kensu’s case is a perfect example that begs for clemency. Judges in both state and federal court have recognized significant flaws in his trial and the lack of evidence against him.”

Ryan M. Shannon · Member, Dickinson Wright PLLC, Lansing; counsel to Kensu
Ronald Bretz

“I did so and concluded, as did everyone else who took the time to read the transcripts of the trial, that Mr. Freeman is innocent of murder.”

Ronald Bretz · Distinguished Professor Emeritus of Law, WMU Thomas M. Cooley Law School

In his January 2018 letter to Gov. Snyder, Bretz wrote that Thomas Brennan, the former Michigan Supreme Court Chief Justice who founded Cooley Law School, told him he had never granted a directed verdict of not guilty as a trial judge, and "would have granted the motion in this case." Bretz's own review: no physical or forensic evidence connected Freeman to the crime, and the prosecution "was unable to produce any evidence that Mr. Freeman was on a commercial or private flight that day."

Samuel H. Gun

“It’s mind-boggling. You would like to think that somewhere in the system somebody is going to come forward and say, 'Come on. You’re putting away an innocent man here.'”

Samuel H. Gun · Attorney, Sylvan Lake, Michigan; more than 30 years in practice; assisted the post-conviction investigation

In November 2017, Gun wrote Gov. Rick Snyder in support of Kensu's commutation application, with a copy to the Parole Board. He wrote that he had participated in the post-conviction investigation and that "every impartial and professional assessment of his case has concluded that Mr. Freeman is wholly innocent," that nine disinterested witnesses placed him in Escanaba, and that no physical or forensic evidence connected him to the crime. His reaction to the record, collected by Proving Innocence: "You would like to think that somewhere in the system somebody is going to come forward and say, 'Come on. You're putting away an innocent man here.' It's incomprehensible to me."

“It’s time for action to release this wholly innocent man so he can return to his family and friends.”

Donna McKneelen · Retired Co-Director, Cooley Innocence Project
Chief Justice Bridget McCormack

“We firmly believe that Mr. Kensu could not have murdered Scott Macklem.”

Bridget McCormack and David Moran · Co-Directors, Michigan Innocence Clinic (before McCormack became Chief Justice)
Solomon M. Radner

“After serving more than 30 years in prison for a crime he did not commit, it is time that Fred be granted clemency.”

Solomon M. Radner · Civil rights attorney, Southfield; represented Kensu in civil suits against the MDOC

Radner wrote the Parole Board in December 2017 as counsel in Kensu's civil rights suits. He noted that a jury had found five MDOC employees deliberately indifferent to Kensu's medical needs and awarded damages, and that his firm had extended "a standing job offer" for a full-time paralegal position on release, with help finding housing. "Believe it or not, I would even call him a friend."

“The court system and its procedural barriers allow for finality, but not always justice.”

Erica Nichols Cook · Director, Wrongful Conviction Division, Iowa Office of the State Public Defender

Writing Gov. Whitmer in June 2022, Nichols Cook described a client freed by an Illinois governor's commutation after 26 years, a woman not present at the murder, where "no physical evidence of DNA could exonerate" her. "When one branch of government is unable to correct an injustice, another branch must act. We encourage you to do the same for Temujin Kensu."

“This is just such a case where the courts have failed to grant Mr. Kensu relief despite his demonstrable innocence, largely due to procedural bars.”

Lauren Myerscough-Mueller · Staff Attorney, The Exoneration Project, University of Chicago Law School

The Exoneration Project's June 2022 letter to Gov. Whitmer cites the Supreme Court's description of clemency as "the historic remedy for preventing miscarriages of justice where judicial process has been exhausted," and lists innocence pardons it has won from governors in Illinois, Indiana and Kentucky where courts had refused relief. "Somehow, the wrong outcome is acceptable so long as the proper procedure has been followed."

Media

William Proctor

“The more you look at this case, it is essentially the ultimate template for wrongful convictions and the failures that lead to them.”

William Proctor · Founder, Proving Innocence; retired TV investigative reporter
Nolan Finley

“I’ve written about this case before, and it’s among the most egregious miscarriages of justice I’ve seen.”

Nolan Finley · Editorial Page Editor, The Detroit News
Aaron Habel

“If you’re looking for a fingerprint, if you’re looking for blood, for DNA, if you’re looking for a plane ticket or a record or anything that could clue you into him having a part in this, it’s not there. I’ve read through it all.”

Aaron Habel · Investigative podcaster (Generation Why; Framed), after reading the complete trial transcripts

He is not an advocate, and says so: no horse in the race except the truth, a season built to air the hardest material, and a stated belief that most people in prison earned their way there. His method was the transcripts first, everyone’s claims tested against them, including Kensu’s. What he found in 2,200 pages was an absence: nothing tying the man to the murder. On the drive, his verdict is clear: it cannot be done in the time, at any speed. On the theory that nine witnesses were intimidated into an alibi: “that’s giving him too much credit.”

Josie Duffy Rice

“No matter how I spin it — and I’ve tried — no matter how many people I talk to or scenarios I imagine, I can’t make the puzzle piece fit where Temujin kills Scott Macklem. It doesn’t work. For every conjecture you need to make it work, there are five reasons why it doesn’t.”

Josie Duffy Rice · Journalist
Dr. Todd Grande

“He was not guilty beyond a reasonable doubt, and not guilty in reality. Kensu is actually innocent.”

Todd Grande · PhD, licensed professional counselor and independent case analyst

He has no connection to this case or this campaign, and his channel analyzes hundreds of cases without adopting causes. Working only from the public record, he reached actual innocence on his own, and his independent arithmetic on the return trip, an average near 145 miles an hour to make the state’s timeline work, matches the court record’s math almost exactly. His conclusion matters precisely because nobody asked him for it.

“The system failed Scott Macklem. It failed Fredrick Freeman. It failed all of us.”

October 20, 2010 · Port Huron Times Herald, editorial
The Detroit News

“Incredibly, none of his appeals have been denied based on the evidence of the case.”

December 25, 2025 · The Detroit News, opinion, “Temujin Kensu still denied justice”

Advocates

Khaliah Ali

“I’m in it until the end. He’s coming home.”

Khaliah Ali · Advocate and daughter of Muhammad Ali (2023)

Ali took up the case publicly in 2023 alongside Jason Flom, lending it a national profile at a moment when the remaining path runs through a single office. Her father spent his life on exactly this kind of fight; she has said plainly that she is in this one until Kensu is home.

Jason Flom

“The only physical evidence, the fingerprint on the box of shells, clearly excluded Temujin, whose alibi was as good as any we’ve ever seen.”

Jason Flom · Founding board member, Innocence Project; host, Wrongful Conviction

His show exists to examine exactly one kind of case, and by the time this episode aired it had examined hundreds of them. His comparative judgment is therefore the point: the alibi here is as good as any his project has ever seen, and the one piece of physical evidence excluded the man convicted. He opens the episode calling the case “a masterclass in the failings of our criminal legal system,” in Michigan but possible in any state, and closes it with the question the campaign asks the Governor: “How in the world can setting the innocent free be seen as anything other than a moral imperative?” His commitment did not end with the hour; the case became family work, with Khaliah Ali, who works cases alongside him, taking it up through the years since.

“The question is not whether he's innocent. That's obvious. The question is, why is he still in prison, in a cell after 36 years?”

David Sanders · Founding board member, Proving Innocence

Sanders has worked the case since the mid-2000s for Proving Innocence: the correspondence with two attorneys general, the FOIA campaign for the withheld records, the compilation of the expert statements quoted on this page. Interviewed in 2026 for a national fellowship series on conviction-integrity units, his conclusion after twenty years had not moved an inch.

The experts did their part. Can you do yours?

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