Manifest Injustice

by Barry Siegel

  In Chapter 27, my reference to what Carol told a reporter in January 1976 about Bill’s letters comes from “I’m Terribly Frightened,” an article in the Phoenix Gazette by Pat Sabo, published on January 14, 1976. My sources for the time sequence involving Macumber family members are several: In a letter to me dated July 3, 2012, Bill Macumber advised that Harold carted items from the house on West Wethersfield Road soon after Bill’s arrest—Bill couldn’t have done that himself, as he was in jail. Macumber’s journal records his plan to buy the motocross bike for his sons on Friday, October 25, 1974, while he was out on bail before the first trial, and Ron Macumber confirms that’s when his father bought them the bike. Judge Hughes didn’t request a conciliation court report until March 1975, which is when Pat Ferguson interviewed Steve and Scott; Pat Ferguson’s report is dated March 26, 1975.

  My account in Chapter 27 about the post-conviction relief proceedings, plea bargain, evidentiary hearing and Macumber’s press conference drew from court documents and interviews with all those involved, particularly Jordan Green at the law firm of Perkins Coie. I attended the evidentiary hearing in Phoenix on November 7, 2012, and also drew from local news stories, particularly two by Richard Ruelas in The Arizona Republic, “Ex-inmate Savors 1st Breaths of Freedom” (November 9, 2012) and “Man Convicted in ’62 Murders Freed” (November 8, 2012).

  I am acutely aware of how hard it is to get everything right in this kind of reconstructed nonfiction narrative. I realize also that as well as I may do my job, some players in the story may be unhappy about their depictions, feeling I have not represented them as they see themselves. That is inevitable and unavoidable. In the end, as harsh as it sounds, I am telling my story, not theirs.

  Acknowledgments

  Assembling a nonfiction chronicle such as this requires the cooperation of a great many people, to whom I am forever indebted. Most particularly, I thank Larry Hammond, who opened the doors of the Arizona Justice Project to me and then spent dozens of hours sharing his memories and insights. Without his gracious, patient cooperation, and his decision to urge the Justice Project’s “full cooperation,” my task would have been impossible. I am equally grateful to Katie Puzauskas, who provided a wealth of documents, constant guidance and invaluable support, fielding my unending flow of queries and requests over two years. She also proved to be a most considerate host, affording me use of the Justice Project conference room and a priceless copier-scanner.

  I’m obliged as well to Bob Bartels and Rich Robertson, who spent hours guiding me through the Justice Project’s decade-long work on the Macumber case, and to a number of others on the Justice Project team: Lindsay Herf, Sarah Cooper, Karen Killion, Sharon Sargent-Flack, Andrew Hacker and Jen Roach. I thank Ron Macumber and Jackie Kelley for serving up resonant memories and boxes of invaluable documents; Bedford Douglass for reliving the second Macumber trial; Judge Thomas O’Toole for recalling Ernest Valenzuela; Carol, Steve and Scott Kempfert for graciously welcoming me to their home. I’m most grateful to Bill Macumber for his sustained cooperation and pivotal decision to provide me his journal and private correspondence.

  A special thanks to Marc LaRocque, who as my research associate in the early stages of this project helped me navigate several complex topics. Marc holds a PhD in history from University of California–Irvine but proved to be equally adept at legal research, gathering a rich portfolio of articles and rulings about the attorney-client privilege.

  Once the research is completed, the writing—and rewriting—begins. I am deeply indebted to Gillian Blake, the editor-in-chief at Henry Holt, for her superb editing advice, which ranged from meta-considerations to a rigorous line edit. Her close read of several drafts inspired me to keep revising my manuscript. So did the meticulous work by Bonnie Thompson, a gifted copyeditor. I’m grateful as well to Henry Holt’s publisher, Stephen Rubin, for his continued support and faith in me.

  My regard and appreciation for Kathy Robbins—after all these years still my agent, friend, mentor and scold—knows no bounds. Throughout this project she encouraged, championed and challenged all at once. She greatly improved both my spirit and my prose.

  My wife, Marti Devore, and daughter, Ally Siegel, put up with me once again. Their love, support and tolerance make it all possible.

  Index

  The index that appeared in the print version of this title does not match the pages in your e-book. Please use the search function on your e-reading device to search for terms of interest. For your reference, the terms that appear in the print index are listed below.

  American Civil Liberties Union (ACLU)

  American College of Trial Lawyers

  American Judicature Society, Justice Award

  Anderson, Ralph

  Anderson, Steven

  Arellano, Silvia R.

  Arizona Attorneys for Criminal Justice (AACJ)

  Arizona Board of Executive Clemency

  first hearing

  second hearing

  Arizona Board of Pardons and Paroles

  Arizona Capital Representation Project

  Arizona Center for Law in the Public Interest

  Arizona Correctional Industries (ACI)

  Arizona Department of Corrections

  Arizona Ethics Opinion No. 74-30

  Arizona Jaycees

  Awards Committee

  newspaper

  Arizona Justice Project (AJP). See also specific individuals

  ASU team aids

  Bill learns of

  Bill’s illness and

  Bill’s son Ron and

  Carol interviewed by

  case stalled

  Chambers and

  clemency and, first hearing

  clemency and, second hearing

  clemency denial by Brewer and

  early investigation by

  evidence pursued by

  first meeting with Bill

  growth of

  interviews with jurors and friends of Carol

  launched

  O’Toole spurs inquiry into Bill’s case by

  PCR and

  publicity and

  Arizona Polygraph Laboratory

  Arizona Republic

  Arizona SB 1070 (law on immigrants)

  Arizona State Prison at Douglas

  Arizona State Prison at Florence

  North Unit

  Outside Trustee Unit

  TV studio

  Arizona State Prison Complex-Tucson

  Manzanita special needs unit

  Rincon Unit

  Arizona State University, College of Law (ASU)

  Justice Project Practicum

  Post-Conviction Relief clinic

  team aids Bill’s case

  Arizona Supreme Court

  Arizona v. Macumber

  Armos, Joe

  ASPOT Jaycees

  attorney-client privilege

  Valenzuela’s mother waives

  Barnby, Jack

  Bartels, Robert “Bob”

  AJP investigation and

  clemency hearings and

  Lacy and

  PCR and

  Belcher, Duane

  Benitez, Mary

  Benitez, Steven

  Black, Hugo

  Blubaum, Paul

  Boies, L. C. “Cal”

  Bowers, Pastor

  Brandon, Harleen (Bill’s cousin)

  Brandon, Jay (Harleen’s husband)

  Brennan, William

  Brewer, Dave

  Brewer, Jan

  Bridgewater, Paul

  Bridgewater, Shirley

  Buduson, Sarah

  Byers, Charles

  California Innocence Project

  Calles, Ed

  Carriger, Paris

  Carter, Jimmy

  Case, Williby E., Jr.

  Centurion Ministries

  Chambers, Leon

  Chambers v. Mississippi

  Cochise College

  Correctional Education Division<
br />
  Medical Center

  Cohen, Bruce R.

  Coie, Perkins

  Conciliation Court

  Cooper, Sarah

  Corcoran, Robert

  Cox, Archibald

  death penalty

  moratorium on

  Deer Valley Little League

  Dees, Morris

  De La Torre, William

  Desert Survival Unit

  Diehl, Richard

  DNA evidence

  lack of

  Dolezal, Michelle

  Douglass, Bedford

  Dumar, Charlie

  Duwel, Joe

  Edmunson, Ralph

  Elliot, Sarah

  Erickson, Dr. Milton

  evidence. See also fingerprint evidence; firearms and ballistics evidence; and specific witnesses

  AJP investigation and

  blood

  chain of custody

  Chevy Impala

  hair thatch

  handkerchief

  license plate number in purse

  murder site and

  PCR and

  second clemency hearing and

  tampering issue

  Ezell, Tom

  Ezell Polygraph Institute

  Federal Bureau of Investigation (FBI)

  Federal Bureau of Prisons

  Ferguson, Pat

  fingerprint evidence (palm prints, Latent Lift 1)

  firearms and ballistics evidence

  Bill’s .38

  Bill’s .45

  first trial and

  PCR and

  shell casings and ejector marks

  second clemency hearing and

  Valenzuela’s gun and

  Flanagan, Charles

  Ford, Charles

  Foreman, John

  forensic sciences. See also evidence; fingerprint evidence; firearms and ballistics evidence

  Foster, Vince

  Free Bill website

  Freedom of Information Act (FOIA)

  Furman v. Georgia

  Gangsei, Philip A.

  Garcia, Joe

  Gilbertson, Dennis

  Girdler, Ray

  Glendale Community College

  Grant, Gerald (Jerry)

  Granville, Warren

  Green, Jordan

  Green, Richard

  Grimston, Harry J.

  Ground Observer Corps

  Haag, Lucien

  habeas corpus appeal

  Hacker, Andrew

  Hakes, Tom

  Halas, Nancy

  Hamilton, James

  Hammond, Larry

  AJP launched by

  ASU College of Law address

  ASU team and

  awards and honors

  background of

  Bill’s illness and

  Bill’s son Ron and

  Chambers and

  clemency and, first hearing

  clemency and, second hearing

  clemency denial by Brewer and

  “11 Items” memo

  illness of

  Jackie and

  Lacy and

  meets Bill and takes case

  PCR and

  preliminary investigation and

  problems with evidence and

  Hardy, Charles

  Hart, Roger

  Hay, Theresa (Primrose’s daughter)

  Hayes, Gerald “Jerry”

  Heberling, Detective

  Henze, Tom

  Herf, Lindsay

  Herrera v. Collins

  Hill, Jerry

  History’s Trail (Macumber poetry collection)

  Holohan, William

  Homeless Legal Assistance Project

  Hoyt-Croft, Lesley

  Hughes, Ed

  Imbordino, Vince

  Innocence Project (Yeshiva University)

  Jacka, Jerry

  Jacobson, Ty

  Jaworski, Leon

  Jaycees. See Arizona Jaycees; Roadrunners Jaycees

  Jerry Lewis Muscular Dystrophy Association Telethon

  John F. Long Homes (model homes)

  Jolly, John

  Jones, Lester

  Kanefield, Joe

  Karas, Tom

  Kelley, Jackie (Bill’s cousin)

  Bill’s illness and

  Bill’s son Ron and

  clemency and, first hearing

  clemency and, second hearing

  early life of

  Hammond and

  letters to O’Toole

  PCR and

  Kelley, Lee (Jackie’s husband)

  Kelley, Mike (Jackie’s son)

  Kelley, Robyn (Jackie’s daughter)

  Kemper, James “Jim”

  Kempfert, Carol (Bill’s wife, formerly Macumber)

  access to evidence and

  affairs and

  AJP investigates

  AJP visits

  Bill’s arrest and

  Bill’s bail and

  clemency and, first hearing

  clemency and, second hearing

  clemency denial by Brewer and

  divorce and

  fingerprint classes and

  first trial and

  Frieda Kennedy on

  interview with

  jury and

  kitchen-window shot and

  marriage and

  moves to Colorado

  MSCO investigation of

  palm print and

  polygraph of

  second trial and

  son Ron and

  police statement of, accusing Bill of murders

  stories on Bill’s temper and

  visitation rights and

  Kempfert, Deb (Ron’s wife)

  Kempfert, Megan (Ron’s daughter)

  Kempfert, Ron (Bill’s son formerly Macumber)

  Bill’s illness and

  childhood of

  clemency and, first hearing

  clemency and, second hearing

  learns of AJP investigation

  publicity and

  reunion with Bill and

  stepchildren and

  Kempfert, Scott (Bill’s son, formerly Macumber)

  Kempfert, Steven (Bill’s son, formerly Macumber)

  Kennedy, Frieda (later Turner)

  Killion, Karen

  Macumber narrative and

  “Top 10 Action Plan” memo and

  Kimm, Robert

  King, Cleatus G.

  King, Glenda (Primrose’s twin sister)

  Kirschbaum, Ellen

  Kleindienst, Richard

  Knapp, John Henry

  LaBarre, Paul

  Lacy case

  LaSota, Jack

  Leavenworth penitentiary

  Lewis, Samuel

  Lifers’ Club

  Life: The Bill Macumber Story (documentary)

  Liptak, Adam

  Love, Majof

  Lunsford, Mildred

  MacDougall, Ellis

  Macumber, Clara “Toots” (Bob’s wife)

  Macumber, Harold, (Bill’s father)

  death of

  Macumber, Mark (Bill’s nephew)

  Macumber, Meryle “Mimi” (Bill’s mother)

  Macumber, Robert “Bob” (Bill’s brother)

  Macumber, Ron. See Kempfert, Ron

  Macumber, Scott. See Kempfert, Scott

  Macumber, Steve. See Kempfert, Steve

  Macumber, William Wayne “Bill.” See also evidence; fingerprint evidence; firearms and ballistics evidence; Sterrenberg-McKillop murders; Valenzuela, Ernest, confession of; and specific individuals

  AJP clemency and PCR investigations and

  AJP first reviews file of

  AJP initial investigation on behalf of

  AJP meets with

  alibi and

  arrest of

  attempt to reopen case of, and evidence technician Brewer

  bail and

  Bartels report on fingerprint evidence and

  Carol’s and sons’
animosity toward

  Carol’s police statement on murders by

  Centurion Ministries and

  clemency and, first hearing

  clemency and, second hearing

  clemency denial by Brewer and

  clemency petitions by

  death of father and

  divorce and

  documentary on

  early life of

  first conviction overturned

  first trial

  Frieda Kennedy on

  Ground Observer Corps service

  Hammond and

  health problems of

  irregularities of case of

  Jackie and

  Jaycees

  journal of

  kitchen-window shooting and

  lack of motive and

  learns of Valenzuela confession

  Little League romance and

  loss of faith and

  marital problems and

  marries Carol

  O’Toole initiates AJP inquiry into

  Outlaw Rodeo and

  palm prints taken

  police interrogation of, and missing reports

  polygraph and

  preliminary hearings and

  prison life and

  second trial and

  second trial jurors and clemency petition of

  son Ron reunited with

  sons and

  Valenzuela confession and

  victims’ families and

  visitation rights and

  writing by

  Make-a-Wish Foundation

  Maledon, Bill

  Maricopa County indigent-defense fund

  Maricopa County Public Defenders Office

  Maricopa County Records and Identification Bureau

  Maricopa County Sheriff’s Office (MCSO)

  AJP investigation and

  Bill arrested by

  Bill’s report of kitchen-window shot and

  Bill’s second trial and

  Carol and

  Desert Survival Unit and

  murder investigation and

  Valenzuela confession and

  Martinez v. Ryan

  McCarthy, John

  McClusky, Carol Sue

  McClusky, John (Tim McKillop’s cousin)

  McFord, Lester, II

  McGowan, Carl

  McKillop, Ann (Tim’s mother)

  McKillop, Jim (Tim’s father)

  McKillop, Tim

  family of, and clemency

  model homes guard and

  murder of. See also Sterrenberg-McKillop murder

  McKinney, Lieutenant

  Mexican Mafia

  Meza, Olivia