Loading...
HomeMy WebLinkAboutResolutions - 2021.09.29 - 34888BOARD OF COMMISSIONERS September 29, 2021 MISCELLANEOUS RESOLUTION #21-356 Sponsored By: Robert Hoffman, Charles Cavell, Eileen Kowall IN RE: Support for Temujin Kensu Chairperson and Members of the Board: WHEREAS in 1987, Temujin Kensu, also known as Frederic Freeman, was convicted of the murder of a college student in Port Huron, Michigan and was sentenced to life without parole; and WHEREAS Kensu remains in prison, despite the facts that he could prove, including eyewitness statements, he was hundreds of miles away in the Upper Peninsula hours before and after the murder, an ironclad alibi, the absence of any physical evidence, including DNA, that would link him to the murder; and WHEREAS since the conviction new evidence has come to light, ajailhouse snitch recanted his testimony that Kensu had confessed and a federal judge overturned the sentence after finding that Kensu's lawyer provided ineffective counsel by never calling a crucial alibi witness, Kensu has passed a polygraph test, and serious inconsistencies have been revealed in the reports drafted by the detectives on the case; and WHEREAS since the 1980s, more than 2,000 innocent people have been exonerated and released from prison based on new evidence and DNA testing uncovered by advocates working on behalf of the wrongfully convicted; and WHEREAS in 2019, the State of Michigan implemented the Conviction Integrity Unit (CIU) that is modeled after Wayne County Prosecutor's Office's Conviction Integrity Unit to investigate innocence claims. It is one of only a handful of state -run units in the nation and is Kensu's last opportunity for freedom; and WHEREAS in Kensu's case there is no forensic evidence absolving him, such as DNA results, which illustrates the obstacles in undoing a questionable conviction when there is no forensic evidence to absolve the defendant; and WHEREAS CIU investigators have been examining Kensu's case for months and if determined he is innocent, it remains unclear whether the county prosecutor will agree to move to vacate his conviction. With no clear precedent on the issue, the Michigan's Attorney General cannot say how such an impasse will be resolved; and WHEREAS the Oakland County Board of Commissioners supports the efforts of the late Senator Carl Levin, who believed Kensu was innocent, along with the Supreme Court Chief Justice McCormick, who represented Kensu when she ran the Michigan Innocence Clinic, former Chief .lustice Thomas Brennan, attorneys, journalists, and independent investigators who challenge the theory and raise critical questions about Kensu's conviction. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports the efforts to critically examine and evaluate the evidence of Kensu's conviction, including other's claims of innocence, in the event of a wrongful conviction. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the Governor of the State of Michigan, the Attorney General of Michigan, the St. Clair County Prosecutor's Office, the State of Michigan's Conviction Integrity Unit, and the Michigan Innocence Clinic. Chairperson, the following Commissioners are sponsoring the foregoing Resolution; Robert Hoffman, Charles Cavell, Eileen Kowall. Date: Har. Chambers, Deputy County Executive II Date: Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2021-09-02 Full Board - introduce and refer to Committee 2021-09-14 Legislative Affairs & Government Operations - recommend to Board 2021-09-29 Full Board VOTE TRACKING Motioned by Commissioner Yolanda Smith Charles seconded by Commissioner Penny Luebs to adopt the attached Resolution: Support for Temujin Kensu. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman (20) No: None (0) Abstain: None (0) Absent: (0) The Motion Passed. ATTACHMENTS None STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 29, 2021, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac, Michigan on Wednesday, September 29, 2021. v r'iil &Vey. Lisa Brown, Oakland County Clerk/Register ofDeeds