Ariz. Gov. Refuses To Explain Clemency Ruling
PHOENIX -- Despite a recommendation for release by the Arizona Executive Board of Clemency, Gov. Jan Brewer refuses to explain why she will not release convicted killer Bill Macumber from prison. In its report to the governor last August, the state’s clemency board said there is “substantial doubt that Mr. Macumber is guilty” of the double homicide he was convicted of in 1974.
When CBS 5 news reporter Sarah Buduson asked Brewer about her decision Tuesday, she said, “It’s a very personal issue. It's a legal matter. At this particular time, I prefer not to comment.” The governor walked away when the reporter attempted to ask the governor several other questions. "I think one of the things that bothered us most is we don't know why it was turned down,” said Macumber, during an interview from Douglas prison. "I think she owes everybody, the state of Arizona, an explanation,” he said. “I don't believe anybody in public office should have the ability to make decisions that deal with human life without being responsible to give a reason.”
In 1974, Macumber was convicted of murdering Joyce Sterrenberg and Tim McKillop.
The couple was shot to death in Scottsdale in 1962. The crime was unsolved until a Maricopa sheriff’s clerk told Maricopa sheriff’s deputies Macumber confessed to the crime. During his trial, county prosecutors said Macumber’s palm print and bullet casings from his gun were found at the crime scene.
Macumber, who had no prior criminal record and was the father of three young boys, was convicted and sentenced to life in prison. He has maintained his innocence.
"I said the court can find me guilty, if that's their prerogative, but they can't make me guilty,” he said. Macumber had resigned himself to spending life in prison until the Arizona Justice Project took on his case in 2000. The nonprofit group investigates claims cases where inmates may have been wrongfully convicted.
"We strongly believe he did not commit the crime he was convicted of,” said Katie Puzauskas, Arizona Justice Project case and programs coordinator. “Some of the reasons he was convicted, if not all of the reasons he was convicted, aren't very credible,” said attorney Lindsay Herf, Arizona Justice Project DNA project manager.
The attorneys said the sheriff's clerk who claimed Bill confessed to the murders was in the middle of bitter break-up with him at the time.
They also said the clerk was being investigated by the Maricopa Sheriff’s Office for sexual misconduct at work and had disclosed Macumber's confession when she was being questioned about having an affair with a Phoenix police officer. They say the clerk had recently learned to lift palm prints and had access to the sheriff's evidence room. “(Her) access to it has really tainted the integrity of that evidence,” said Herf.
Retired Maricopa Superior judge Tom O'Toole used to be a public defender. “I represented Ernesto Valenzuela back in 1967,” said O’Toole. “He was charged with a double homicide and confessed to me not only to that set of murders, but the murders for which Macumber was subsequently charged.”
Valenzuela died in a prison fight in 1968. O’Toole obtained permission from Valenzuela’s mother and the courts to share his confession, but the judge denied O’Toole the opportunity to testify during Macumber’s murder trial. “There is no doubt in my mind when he told me about these murders he was telling the truth,” said O’Toole. “He relished the murders and that was his persona when he talked about it. It was scary.”
Attorneys for the Justice Project say they located five other witnesses who also heard Ernesto Valenzuela confess to the Sterrenberg and McKillop’s murders.
"There is a reasonable doubt. More than a reasonable doubt as to his guilt,” said O’Toole about Macumber.
A year ago, the Arizona Board of Executive Clemency agreed. The board made a rare decision to unanimously vote to recommend Macumber’s release from prison.
In 2009, they board voted to recommend release in fewer than 5 percent of the inmates cases it heard. On Nov. 13, without explanation, Brewer denied Macumber clemency. O’Toole hopes the governor will reconsider her ruling. "I would think that the governor, even though she initially denied, would really be doing justice by granting clemency to this man whose been in prison for 35 years who very likely is innocent,” he said.
Macumber, 75, is in failing health. He said he would like to spend his remaining days with his family. "I would hope she would take another look,” he said about Brewer's decision. “And if that were refused, then I would have to ask her why it was turned down in the first place.”