Manifest Injustice

1. The Scottsdale Lovers' Lane Murders: A Case of Wrongful Conviction

"Why oh why? Is there anyone in the world who had anything against either one of those kids? They were good kids who wanted to get married. Neither had ever hurt anyone."

The crime. On May 24, 1962, Joyce Sterrenberg and Tim McKillop, both 20 years old, were found shot to death in their car in the desert north of Scottsdale, Arizona. The case went unsolved for 12 years until Bill Macumber was arrested in 1974, based on his estranged wife's statement and disputed forensic evidence.

The conviction. Macumber was convicted twice for the murders:

• First trial in 1975
• Second trial in 1977 after a successful appeal
• Sentenced to life in prison without parole

Key issues with the conviction:

• No motive established
• No connection between Macumber and the victims
• Reliance on questionable forensic evidence (palm print and shell casings)
• Exclusion of potentially exculpatory evidence (Ernest Valenzuela's confessions)

2. The Justice System's Failures: Overlooked Evidence and Flawed Forensics

"Hammond saw a great disparity between lawyers' adversarial battles and the supposed search for truth—he didn't think the adversary system worked."

Overlooked evidence. The justice system failed to properly investigate or consider crucial evidence that could have exonerated Macumber:

• Ernest Valenzuela's multiple confessions to attorneys and a psychiatrist
• Linda Primrose's eyewitness account corroborating Valenzuela's involvement
• The thatch of hair found at the crime scene, consistent with Primrose's statement

Flawed forensics. The conviction relied heavily on forensic evidence that was later questioned:

• Palm print:
  • Initially deemed unclassifiable in 1962
  • Suddenly matched to Macumber in 1974
  • Questions about the age and quality of the print card
• Shell casings:
  • Matched solely on ejector marks, an unprecedented and unreliable method
  • Other identifying marks did not match Macumber's gun

Judicial barriers. The courts repeatedly blocked attempts to introduce exculpatory evidence:

• Judge Corcoran barred Valenzuela's confession testimony in the second trial
• Appeals courts upheld the exclusion, prioritizing procedural rules over potential innocence

3. Bill Macumber's Life Behind Bars: Resilience and Accomplishments

"I am now an old man. I will be 68 next month. I still walk with my back straight and my head up."

Prison achievements. Despite his wrongful conviction, Macumber made the most of his time in prison:

• Leadership roles:
  • President of the Roadrunner Jaycees chapter
  • Chairman of the Florence Outlaw Rodeo
• Educational pursuits:
  • Earned a bachelor's degree in business management
  • Taught courses to fellow inmates
• Creative output:
  • Wrote 24 novels, 4 children's novellas, and over 2,600 poems
  • Published a poetry collection, "History's Trail"

Character and influence. Macumber's positive attitude and accomplishments earned him respect from both inmates and staff:

• Known as "Pops" to younger inmates, serving as a mentor and father figure
• Trusted by prison authorities, given high-level clearances and responsibilities
• Commended for his role in mediating conflicts and improving prison conditions

Exemplary record. Throughout his 35 years of incarceration, Macumber maintained an almost perfect disciplinary record, with only one minor infraction for being "out of place" during a tense moment in the yard.

4. The Arizona Justice Project: A Decade-Long Fight for Innocence

"Hammond had become the go-to lawyer for victims of manifest injustice in Arizona."

Project inception. The Arizona Justice Project, founded by Larry Hammond in 1998, took on Macumber's case in 2000 after being contacted by Judge Thomas O'Toole, who had represented Ernest Valenzuela.

Investigative efforts. Over a decade, the project:

• Reviewed thousands of pages of case files
• Interviewed key witnesses and experts
• Reexamined forensic evidence
• Explored new legal avenues for relief

Challenges faced:

• Limited resources and reliance on volunteer labor
• Lack of DNA evidence to definitively prove innocence
• Difficulty in locating and preserving decades-old evidence
• Legal barriers to introducing new evidence in post-conviction proceedings

Team persistence. Despite setbacks and periods of inactivity, the Justice Project team, including multiple generations of law students, remained committed to Macumber's case, driven by their belief in his innocence and the injustice of his conviction.

5. The Clemency Hearing: A Unanimous Vote for Justice

"Never before had the Board of Executive Clemency done this. Never before had a unanimous board called for a prisoner's release based on a miscarriage of justice."

Unprecedented decision. In May 2009, the Arizona Board of Executive Clemency unanimously recommended Macumber's sentence be commuted to time served, citing substantial doubt about his guilt.

Key factors influencing the board:

• Valenzuela's confessions and Judge O'Toole's testimony
• Linda Primrose's corroborating statements
• Questions about the reliability of the forensic evidence
• Carol Macumber's potential motives and access to evidence
• Bill Macumber's exemplary prison record and accomplishments

Board's reasoning:

• Recognized their role in correcting potential miscarriages of justice
• Cited the U.S. Supreme Court's Herrera v. Collins decision on the importance of clemency
• Emphasized the lack of other legal remedies available to Macumber

Emotional impact. The hearing was marked by powerful testimony from Macumber's family, Justice Project volunteers, and Macumber himself, moving many in attendance to tears and convincing the board of the need for justice.

6. Governor's Denial: Political Considerations Trump Justice

"Governors facing voters had strong reason to shy from releasing convicted murderers—there was little political upside to granting clemency but substantial risk, as more than one governor had learned when freed convicts attacked again."

Political context. Governor Jan Brewer denied Macumber's clemency petition in November 2009, shortly after announcing her intention to run for reelection in 2010.

Factors likely influencing the decision:

• Potential political backlash from releasing a convicted double murderer
• Pressure from conservative constituents and law enforcement groups
• Lack of definitive DNA evidence proving Macumber's innocence

Reaction to the denial:

• Disappointment and frustration from Macumber's family and supporters
• Criticism from legal experts and clemency advocates
• Questions about the purpose of the clemency process if unanimous board recommendations can be ignored

Broader implications. The case highlighted the tension between political considerations and the pursuit of justice in the clemency process, raising questions about the role of executive clemency in correcting wrongful convictions.

7. The Continued Quest for Exoneration: New Hope Through Post-Conviction Relief

"Someday, these ASU students and graduates will be able to write a different end to this story."

Renewed efforts. Following the clemency denial, the Arizona Justice Project team regrouped and decided to pursue a post-conviction relief (PCR) petition based on actual innocence and newly discovered evidence.

Key elements of the new strategy:

• Emphasizing the clemency board's unanimous finding of substantial doubt
• Highlighting advancements in forensic science that discredit the original evidence
• Exploring new legal precedents on third-party confessions
• Leveraging media attention to build public support

Challenges ahead:

• High legal threshold for proving actual innocence
• Limited availability of physical evidence for retesting
• Potential resistance from prosecutors and courts to reopening the case

Continued dedication. The Justice Project team, including new generations of law students, remained committed to Macumber's case, driven by their belief in his innocence and the importance of correcting a potential miscarriage of justice.

Hope for the future. Despite the setbacks, Macumber and his supporters maintained hope that continued legal efforts, public awareness, and advancements in forensic science could eventually lead to his exoneration and release.

Last updated: October 7, 2024