PI Newsletter devoted exclusively to Temujin Kensu And the State of Michigan's unwillingness to recognise his innocence |
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Introduction: The State of Michigan Conviction Integrity Unit (CIU) recently turned down Temujin Kensu's request to examine his innocence and free him. We are unaware of ANY independent person or group who concludes that Temujin Kensu is guilty, aside from the prosecution and the courts. None! When the prosecutor's office is asked why they believe in Temujin's guilt, they point to the "legitimate" trial process, which makes him guilty. They never point to evidence. No one who looks at the evidence can conclude he is guilty. The question is not Temujin's innocence, but 'why is he still in prison?'. Unfortunately, the rules of the State CIU impose the same technical problems of the law that interfere with the real issue: justice and innocence. The State makes no mention about whether Temujin is innocent or wrongly convicted. Instead, they fall back on the same technicalities for which the courts are infamous. The imposed criteria not only made the outcome of Temujin Kensu a foregone conclusion but also shines light on the AG's approach and how the State CIU will only benefit a handful of the thousands of wrongfully convicted prisoners who saw the State CIU as their last hope for justice and freedom. You may read the State's letter by clicking on the link below. Letter notifying that Kensu's case is closed with no action taken The remainder of this newsletter is a collage of responses to the lack of action taken by the State of Michigan Conviction Integrity Unit. |
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a passionate response from attorney Barbara Kennedy who has represented Temujin Kensu in various aspects pro bono and who has written 6 prior segments of the series. Post #6: Who Cares? Part Two For previous blogs in this series, click here. |
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The late Senator Carl Levin was a staunch supporter of Temujin, writing numerous letters supporting his innocence begged then Governor Rick Snyder to pardon him before he left office, and requested the same of Governor Gretchen Whitmer. U.S. Representative Andy Levin, always a supporter of Temujin, continues the crusade. Now he, U.S. Representative Rashida Tlaib, and Michigan Senator Stephanie Chang issued a joint media release which reads: “We were deeply disappointed to learn that the Michigan Attorney General’s Conviction Integrity Unit, known as the CIU, has declined to pursue the release of Temujin Kensu, an innocent Michigander who has been in prison for more than three decades. Despite no physical evidence connecting him to the accused murder and several vetted eyewitnesses who place him more than 400 miles away from the scene of the crime, Kensu remains imprisoned. “We have great respect for the Attorney General and the other attorneys involved in this case. Attorney General Nessel and her team do remarkable work day-in and day-out to protect the rights of Michigan’s citizens. However, the standard used by the CIU in its review of the Kensu case predetermined the outcome – to us, the wrong outcome. Our point of view is not based on technical or procedural flaws in the case or discovery of an alibi witness who was never presented at trial. It is based on the fact that Kensu 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, now 35 years on. And the continued resistance to this fact of actual innocence by current and former local law enforcement officials does nothing to change the fact itself. “As longtime advocates for social justice, we believe that we must do more for Temujin Kensu and all wrongfully imprisoned individuals across the globe. In Kensu's case, all available options for relief must be pursued. The court allows for relief based on actual innocence and, Article V, Section 14 of the Michigan Constitution confers upon our Governor the power to ‘grant reprieves, commutations and pardons after convictions for all offenses, except cases of impeachment.’ We pray that those with the power to grant relief conduct a full review and grant relief to Mr. Kensu.” |
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Syed, who praises the CIU for its past work, questions the wisdom of the new criteria it has added for considering cases. "A conviction integrity unit should be able to blow past the technicalities and legal barriers to freeing the wrongfully convicted, not be bound by them." "That's the only reason for the CIU to exist," he says. "This is a needless narrowing of the rules." "Courts often take a narrow view of what's allowed as evidence, but when there's an obvious wrongful conviction, as there is with this case, the whole point of having an integrity unit is to reach cases the courts can't reach." Note: The AG's office maintains that the criteria has never changed, only a refinement of the wording. |
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For Detroit News subscribers, you may read Finley's entire article here. For others, we will highlight a few of his points. Finley notes that if the investigators had come away from their investigation believing that Kensu was guilty, it would have been an entirely different matter. (And we all know that conclusion is an impossibility.) He talked with Kensu by phone. Kensu was angry and frightened. "I'm sentenced to die in this place for something I didn't do," he says. "It's beyond shameful. It's criminal." He concludes his piece by quoting Temujin who says that the Governor can take care of this with a swipe of her pen by commuting his sentence (even though he is innocent). Finley responds, "She should. What's left of Temujin Kensu's life shouldn't be sacrificed to a technicality." |
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Dear Attorney General Nessel,
I strongly echo the sentiments expressed in the attached letter from Proving Innocence. When politics enter the courtroom, which is clearly the trend these days, justice will never be served. You had the power to right a terrible wrong and you chose. I’m sure that my email will fall on deaf ears as have the thousands of pleas before mine. I am hopeful that one day the real driver behind the Kensu saga will be illuminated. Until then, It does not give me confidence or hope for a more just future.
Ari Kresch |
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Dear Ms Nessel:
I join all the voices clamoring to free Mr. Kensu—who, even if he was guilty (which he is not), would now be free. He has served an unlawful incarceration well beyond any man’s endurance to suffer such an injustice.
Please rise above the political machinations that do you no favors in the eyes of Michigan voters. Justice demands his release, and no thinking person can deny it—the evidence points to his innocence.
Linda Florence |
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Furious would not begin to describe how I would feel if I were you or Temujin. Our “system” has failed him at every possible level. There have been many times over the years that I truly believed that justice would prevail, but this case has shown me that Madame Justice has blinders fully in place for people like Temujin, too poor to hire a decent lawyer. Maggie Oxley |
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These are the times my Christian faith is seriously challenged. If a just God seems noticeably silent for such an egregious miscarriage of justice, then what hope does the innocent have in this world!!!!. We can act out self-interest, which asks the question, what's in it for me? We can act from moral hypocrisy, which asks how do I look? Or we can act out of moral integrity, which asks, is it the right thing to do? The AG chose not to act from moral integrity. I will write a letter, but I've come to realize that many such letters never get read by the addressee. Errol Liverpool, former PI President Unbelievable...just lost all my respect. Carol Freeman |
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I am completely heartbroken over this. I always tell myself that we must keep fighting the good fight but, this is extremely disappointing. If not Temujin, then who?? Carla Welch UNBELIEVABLE! I just have no words. Kensu must be devastated and those of you who have worked so hard on his behalf frustrated beyond belief. My heart goes out to all, especially, of course, Temujin. What a travesty.
Anita Blasius |
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Steve Spreitzer is the President and CEO, Michigan Roundtable for Diversity & Inclusion. For Steve Sprieitzer's complete letter to PI Board member Dave Sanders, click here.
I have been following this case since I was called by investigator Herb Welsher some ten years ago as he had learned I had contact with Phil Joplin, the “jailhouse snitch" back in 1986-87. I began working with Phil prior to his initial parole to the Lansing area where I was working on my MSW and serving in social service ministry at St. Casimir Parish in Lansing. My conversations and letters from Phil who was in the St. Clair County Jail were based on his being asked to cooperate with the Prosecutor’s office to transfer his DOC parole to St. Clair County and receive community placement in Port Huron. I was asked to write a letter to the Dept. of Corrections as they were not holding up their end of the deal to snitch on Kensu.
At the end of the day, I think this case reflects a high level of corruption and political cowardice. I believe the full light of truth emanating from this case’s resolution will reveal the reason for Gov. Whitmer’s failure to pardon Temujin and the change in the CIU standards holding Temujin’s case was to the demand for new evidence.
Thanks for all you are doing for Temujin and other wrongfully convicted Michiganders,
Steve Spreitzer |
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