[Susan]

An article posted 8th November, 2012

A man, who has been freed following 37 years in prison, was found guilty of murder in 1974 after his ex-wife testified against him to distract from her own involvement in a sex ring, it was claimed.


Bill Macumber, 77, pleaded no contest on Wednesday to two counts of second-degree murder and was released. He left court with his son Ron Kempfert and other family members who have worked tirelessly to free him.

Mr Macumber, a father-of-three who worked as an engineer, was given two life sentences in 1975 for the murders of Joyce Sterrenberg and Tim McKillop, both 20. The young couple were shot dead next to their car in the Arizona desert 13 years earlier.


The 77-year-old has spent almost four decades incarcerated due to an extraordinary sequence of events and failures within the justice system.

Mr Macumber, a college graduate with no criminal history, first came to police attention 12 years after the murders - when his ex-wife Carol Kempfert told the Maricopa County Sheriff that he confessed.

His lawyer Jordan Green told MailOnline today that at the time of Mr Macumber's alleged confession in 1974, the couple had separated.


Mr Macumber's extraordinary strength of character and just plain grace are the reason he made it through the last 37 years.

Jordan Green, attorney and partner at Perkins Coie law firm




Mrs Kempfert was no longer living at the family home and had left her three sons in her estranged husband's care.

Mrs Kempfert was also the subject of an investigation into claims of group sex among police officers and other employees at the sheriff's office.

She reportedly told a roommate that if she lost her job, 'she was taking someone with her'. Mrs Kempfert told superiors that her husband had confessed six months earlier to being responsible for the killings.

When the cold case evidence was re-examined, a partial palm print taken from the windowsill of the murdered couple's car was found to belong to Mr Macumber.


His lawyer said today that at the time of the murders, Mr Macumber had been a 27-year-old gas attendant at his father's garage in the area.

Mr Macumber was arrested and charged with the two murders. Mrs Kempfert testified against him at trial also saying that her husband had come home covered in blood on May 24, 1962.

Macumber was convicted that year and sentenced to life. After being granted a retrial in 1977 he was found guilty again.


The scandal surrounding the alleged sex ring appears to have been dropped at this time, Mr Green added.

The lawyer told MailOnline: 'Mr Macumber's extraordinary strength of character and just plain grace are the reason he made it through the last 37 years.'


Fast forward 26 years to 2003, when Macumber's son Ron Kempfert, who was always told by his mother that his father had committed the murders, received a phone call from the Arizona Justice Project.


The organization is one of a network across the country which works to free prisoners who it believes have been wrongly convicted.


Mr Kempfert, 44, received a phone call from the project's founder Larry Hammond who eventually won his trust after presenting all the evidence.


At the time her husband was arrested for murder, Ms Kempfert had access to the evidence from the case due to her job at the sheriff's office.


Ms Kempfert told ABC in 2010 that she did not fabricate the story - and had taken several polygraphs to prove her version of events.



Mr Macumber's conviction was further complicated by the fact that another man confessed to the murders - and his description matched that given by an eyewitness.

Ernsesto Valenzuela told police in 1964, when he was arrested over the fatal shooting of another young couple, that he was responsible for the Sterrenberg/McKillop murders in 1962.

A female eyewitness, Linda Primrose, also told police that she has seen the killer, describing him as a young man, 5'9 in height and around 160lb.


Police had earlier dismissed Valenzuela for the murders, believing him to be a 'kook' who dreamed up all manner of confessions.


Following the second murders, which attorney Mr Green described as having similar 'lover's lane' style traits to the Sterrenberg/McKillop killings, Valenzuela was convicted.

He also confessed to the 1962 murders to several prison psychiatrists who classed Valenzuela as a homicidal maniac.


Valenzuela died during a prison riot in 1974 after he was convicted for the two separate murders - but the Sterrenberg/McKillop case remained open.


Despite the fact Valenzuela's attorney came forward to support his dead client's confession, neither the prosecution nor the defense was privy to the information in 1974 during Mr Macumber's trial.


His family have campaigned for his release for years along with the justice project before they sought the help of Mr Green, a partner at Perkins Coie law firm, in August 2011.


After Arizona Governor Jan Brewer denied Macumber's petition for clemency in 2009 - against the wishes of a five-person board who had voted in the prisoner's favor - a hearing was granted last year.


In court this week, the judge said that there was not enough evidence for the 77-year-old's case to be tried for a third time and if he agreed to change his plea from not guilty to no contest, he would be released due to time served.


Mr Macumber accepted the agreement but has always refused to say he was guilty of the murders - even if it would have meant an earlier release.

According to his lawyer, the 77-year-old, who is in poor health due to years in the prison system, wants to spend the time he has left with his sons and extended family.


However Mr Green added: 'Mr Macumber said ''I will die in jail before I confess to something I didn't do''.'





A FEW EXTRA PHOTOS:

[NUUDLZ]

[JediKir]

within a year of his release he was back behind bars for sexually molesting two young children. hes dead now, thankfully