I've dedicated my life to seeking justice for missing persons,
victims of homicide and their families. Compassion has been a driving force in
my life and there is nothing in comparison to the good feeling that you are
simply doing the right thing.
I'm often left perplexed when I see stories on the news about
people who are witness to a crime being committed and simply walk in the opposite
direction as if they didn't see a thing. I've wondered why so many people lack
one of the most basic of human characteristics - a heart.
Recently, I became aware of the story of William Macumber, a man who
has been in prison for 37 years and believed to be innocent by well-respected
attorneys, a Superior Court Judge and even the Arizona Board of Executive
Clemency. I was both inspired and
disgusted by his story. I was inspired by the many professionals who stepped up to do the
right thing, yet there is one person who has looked the other way. Arizona
Governor Jan Brewer. Not only has she refused to commute Macumber's sentence at
the recommendation of her own Executive Board, she refuses to provide the
public with a valid explanation of why.
I've seen the Good, Bad and the Ugly after working in criminal
justice and victim rights for nearly two decades and I thought I had seen it
all. We place our trust in those we appoint into leadership positions to
represent the people and make proper decisions in times of peace and in times
of crisis. Not only has Governor Brewer looked the other way when confronted
with injustice, she refuses to answer to the people who I have to assume she
has forgotten she answers to.
On February 20, 1975, William Macumber was sentenced to life in
prison for the 1962 double homicide of a young couple in the Arizona desert. At
the time, the jury was presented minimal evidence, now considered more than
questionable. His conviction was primarily based upon the testimony of his
former wife, Carol Kempfert, who had been employed at Maricopa County Sheriff's
Office at the time. The Arizona Board of Executive Clemency released a letter
stating a 'great injustice has occured' and Macumber should be released. The
letter also stated Macumber's wife had the motive, means and opportunity to pin
the murders on her husband. Even family members of Kempfert have publicly
stated she was capable of framing Macumber and had access to the evidence.
Reasonable doubt?
During Macumber's trial, the jury had not been told there was
another man who had been arrested five years after the initial homicides for
another double homicide that was eerily similar to the 1962 murders. A drifter,
Ernesto Valenzuela was convicted of the second double homicide but what is even
more significant is Valenzuela admitted to the 1962 double homicide to not only
two attorneys but a psychiatrist. After Valenzuela's murder during a 1973
prison fight, the witnesses offered to testify at Macumber's trial as
attorney/physician client privilege no longer applied but the judge refused to
hear the testimony of all three witnesses. One of the witnesses, Thomas W.
O'Toole went on to serve 24 years as an Arizona Superior Court Judge and stated
there was no doubt in his mind Valenzuela committed all four murders.
Despite a direct admission made to reputable witnesses and the Arizona Board of Executive Clemency 2010 unanimous recommendation that Macumber be
released, Governor Jan Brewer has refused. The only statement issued by
Governor Brewer's office stated the governor carefully scrutinizes every
Executive Clemency case and balances real and important concepts of public
safety, justice and mercy. I've always been very respectful of Governor Brewer but one must question the timing of her decision and if she felt granting
clemency would have compromised the announcement she was running for full-term
as Arizona Governor. Political motive?
Now 76, Macumber suffers from serious health ailments and could
pose little threat to public safety. From the evidence presented since he was
handed down a life sentence with no possibility of parole, Macumber probably
never did pose a threat. He has no prior criminal history. During his time in
prison, Macumber has worked as a clerk, education aide, academic clerk, law
library clerk, cable TV and audio/visual tech among many other respected
positions. In the 37 years of incarceration he has only had one behavioral infraction in
1996 for being involved in an Unauthorized Gathering. A threat to
society? Really?
Governor Brewer, please explain how the prosecution in this case fulfilled
their obligation to 'bear the burden of proof' and prove Macumber’s guilt
BEYOND A REASONABLE DOUBT. Please explain why you have totally disregarded your
own Arizona Board of Executive Clemency. Please explain why you refuse to grant
clemency to a man who has served 37 years of his life in prison based upon the
testimony of a woman who should be investigated for motive, means and
opportunity who had direct access to the evidence in the case. That in itself
should have disqualified her testimony . . . you know the powerful testimony
that was used to serve up an equally harsh life sentence. Governor Brewer, I
have to think there is a heart somewhere in there. I pray you don’t wait to
offer your condolences to his family after he has fulfilled his life sentence. WHERE
IS THE JUSTICE AND MERCY IN THAT?
For additional information:
KNXV News 15 - Son Confronts Brewer Over Clemency Decision
ABC News - Did Wife Frame Husband for Cold Case Murders?
New York Times - Governor Rebuffs Clemency Board in Murder Case
New York Times - Why Won't You Free William Macumber?
LinkedIn: http://www.linkedin.com/in/kympasqualini
This is one of the worst cases of political clap trap that exists and the Arizona governor is just another politically ambitious whore with no heart and no conscience. To deny the clemency is one thing. To to so with no explanation only points to the remaining explanation of her own whorish political ambitions. Do the rest of the world a favor and never elect the WHORE FROM ARIZONA. Yes, jan baby, we all know you can be bought for a few votes. I cannot imagine how you sleep at night having done this to this man!!! You are nothing but the kind of despicable crap I scrape off the bottom of my shoes.
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