WEBVTT - #269 Jason Flom with Temujin Kensu 0:00:01.960 --> 0:00:05.160 On November fifth, nineteen eighty six, Scott Macklum, the son 0:00:05.240 --> 0:00:07.880 of the mayor of Croswell, Michigan, was fatally shot in 0:00:07.920 --> 0:00:11.080 the parking lot of Saint Clair County Community College. A 0:00:11.119 --> 0:00:14.080 fingerprint was pulled from a box of shells at the scene. 0:00:14.400 --> 0:00:17.560 Some students described a potential getaway car as a Redder 0:00:17.680 --> 0:00:20.280 Tan Sedan, but no one had gotten a good look 0:00:20.320 --> 0:00:23.279 at the shoot her. One student, Rennie Gobain, intent on 0:00:23.360 --> 0:00:26.960 involving himself, submitted to hypnotherapy in order to recall the 0:00:27.000 --> 0:00:30.880 license plate number, but it didn't return any results. Eventually, 0:00:31.000 --> 0:00:35.319 the victims alleged fiance, Crystal Merrill, pointed authorities in the 0:00:35.360 --> 0:00:39.640 direction of her ex Temogen Kensu, even though the fingerprints 0:00:39.680 --> 0:00:43.680 didn't match and credible alibi witnesses placed Temagen over four 0:00:43.760 --> 0:00:46.520 hundred miles away. Authorities put his photo in a very 0:00:46.520 --> 0:00:50.280 suggestive lineup, and again Rennie Gobain came to eight investigators 0:00:50.280 --> 0:00:53.760 with an identification. Temasien's rock solid alibi and the lack 0:00:53.840 --> 0:00:56.360 of any physical evidence connecting him to the crime was 0:00:56.440 --> 0:01:02.080 overcome by Rennie Gobain's dubious identification. A character assassination campaign 0:01:02.080 --> 0:01:05.200 that should have been inadmissible. The jury was made to 0:01:05.240 --> 0:01:09.440 believe that Temigen was a Satanic sex raised ninja assassin, 0:01:09.680 --> 0:01:13.360 capable of mind control, and although deeply in debt, he 0:01:13.480 --> 0:01:17.440 was somehow still able to arrange an undocumented private round 0:01:17.480 --> 0:01:20.440 trip flight to commit a murder allegedly over a woman 0:01:20.760 --> 0:01:23.440 who he no longer cared to be within four hundred 0:01:23.440 --> 0:01:27.679 miles of The prosecutor, Robert Cleland is now a federal judge, 0:01:27.760 --> 0:01:30.679 Temogen is still in prison, and the current Attorney General, 0:01:30.840 --> 0:01:33.360 Dana Nessel, who was elected in part to start a 0:01:33.360 --> 0:01:38.640 conviction integrity unit, refuses to end this well recognized injustice. 0:01:39.000 --> 0:01:55.000 This is wrongful conviction. Welcome back to wrongful conviction. I 0:01:55.040 --> 0:01:58.800 gotta say, I'm flabbergasted at what we're about to do today. 0:01:58.960 --> 0:02:04.320 It's just nuts. I mean, this case, the case of 0:02:04.480 --> 0:02:08.600 Temwijen Kenzu, is like a masterclass in the failings of 0:02:08.639 --> 0:02:12.160 our criminal legal system and our social system as well. 0:02:12.240 --> 0:02:14.400 By the way, but the criminal legal system is on 0:02:14.520 --> 0:02:18.280 full display in all of its terrors. And this particular 0:02:18.320 --> 0:02:19.880 case is in Michigan, but to be fair, it could 0:02:19.919 --> 0:02:22.400 have been in any state. But here to help us 0:02:22.440 --> 0:02:24.680 tell this story is the man who's been working his 0:02:25.280 --> 0:02:27.640 butt off to get mister Kenzo out of prison. And 0:02:27.680 --> 0:02:30.040 I'm talking, of course about Amorn Sayed, who is the 0:02:30.080 --> 0:02:32.760 co director of the Michigan Innocence Clinic and a professor 0:02:32.760 --> 0:02:35.680 at Michigan Law School. Amorn, thanks so much for being 0:02:35.680 --> 0:02:36.440 here with us today. 0:02:36.800 --> 0:02:38.119 Of course, thank you for having. 0:02:37.919 --> 0:02:40.440 Me, and now I am we are honored to be 0:02:40.560 --> 0:02:44.239 joined from a Michigan prison by Temigen Kenzu. Temigen, thanks 0:02:44.280 --> 0:02:44.880 for calling in. 0:02:45.120 --> 0:02:47.040 Thank you Jason, Thank you to all the listeners out 0:02:47.080 --> 0:02:47.440 there too. 0:02:47.800 --> 0:02:50.079 Now, Temison, you've been in prison since before probably a 0:02:50.120 --> 0:02:51.919 lot of our listeners were even born, and it pains 0:02:52.000 --> 0:02:55.280 me to say that it's really insane. But when they 0:02:55.360 --> 0:02:58.400 hear about the maniacal developments in this case, which should 0:02:58.400 --> 0:03:00.760 have had nothing to do with you because you were 0:03:00.800 --> 0:03:02.720 over four hundred miles away at the time of the 0:03:02.800 --> 0:03:05.600 murder and provably so, I'm going to imagine that they 0:03:05.639 --> 0:03:08.200 will feel exactly the same way. But first, tell us 0:03:08.200 --> 0:03:10.000 about your life before all of this happened. 0:03:10.280 --> 0:03:13.000 I was born in Flint, Michigan, as nineteen sixty three. 0:03:13.360 --> 0:03:16.200 My parents separated when I was very young, around three 0:03:16.280 --> 0:03:19.600 or four years old. From that point on, my mother 0:03:19.639 --> 0:03:23.000 became very resentful towards me, kind of that story. You know, 0:03:23.360 --> 0:03:26.280 you're your father in every possible way, whether it was 0:03:26.320 --> 0:03:28.880 the good or the bad. And it became a very 0:03:28.919 --> 0:03:31.600 violent household, a very abusive household. You know, I was 0:03:31.639 --> 0:03:33.959 not going to strike my mother back, so I basically 0:03:33.960 --> 0:03:36.920 got pounded a lot. It became physically apparent what was 0:03:36.960 --> 0:03:39.720 going on. I ran away a couple of times, and 0:03:39.760 --> 0:03:42.040 eventually I wound up in the Reach foster program in 0:03:42.080 --> 0:03:44.880 Flint until I returned home for the last time at 0:03:44.880 --> 0:03:47.160 about fifteen. And by the time I was sixteen, I 0:03:47.240 --> 0:03:49.680 was gone for good and living with my grandmother and 0:03:49.800 --> 0:03:51.080 pretty much raising myself. 0:03:51.760 --> 0:03:54.040 Now telling Jen that wasn't always your name. I mean, 0:03:54.040 --> 0:03:56.400 you were born Fred Freeman, but you later received the 0:03:56.480 --> 0:03:59.920 name Tamagen Kenzu from your Buddhist instructor, right, and later 0:04:00.160 --> 0:04:03.920 officially change it while you're in prison. But your fascination 0:04:04.120 --> 0:04:07.680 with Eastern philosophies and disciplines had roots in your formative years, 0:04:07.760 --> 0:04:11.040 mostly because of learning martial arts to block all of 0:04:11.080 --> 0:04:12.840 the attacks that have been coming your way. 0:04:13.000 --> 0:04:16.200 You got that, Yeah, that's true. I was getting pounded 0:04:16.240 --> 0:04:17.920 a lot, and as I said, I wasn't going to 0:04:17.960 --> 0:04:21.200 strike my mother and I was at a drive in 0:04:21.360 --> 0:04:23.960 but I was probably nine years old, nine or ten 0:04:24.000 --> 0:04:26.240 years old, and I saw a movie and I saw 0:04:26.279 --> 0:04:28.440 this in crucial artis just blocking every blow that was 0:04:28.480 --> 0:04:30.960 thrown at him. I also lived in a very violent area, 0:04:31.080 --> 0:04:33.520 and I saw this way to defend myself. You know. 0:04:33.520 --> 0:04:35.720 I learned to learn to block and duck and you know, 0:04:35.839 --> 0:04:37.600 jump out of the way and all the magical things 0:04:37.680 --> 0:04:40.040 we see in martial arts movies. And I said, I'm 0:04:40.080 --> 0:04:40.839 going to learn to do that. 0:04:41.200 --> 0:04:44.600 And you really excelled at martial arts, from what I'm told, 0:04:44.640 --> 0:04:46.840 and so much so that you were invited to live 0:04:46.920 --> 0:04:50.479 and train in Korea. Wow, but your mother would not 0:04:50.520 --> 0:04:53.560 allow it. You also excelled academically and went into the 0:04:53.560 --> 0:04:57.160 military after high school. But despite excelling there as well, 0:04:57.880 --> 0:05:00.279 shin splints from your years of martial arts training kept 0:05:00.279 --> 0:05:02.240 you from moving up in ranks, and which of course 0:05:02.320 --> 0:05:04.960 kept you at the minimum pay three or four years there. 0:05:05.000 --> 0:05:07.560 And that couple with some reckless spending as a young man, 0:05:07.640 --> 0:05:09.680 which again I can relate because I did it too, 0:05:10.000 --> 0:05:13.320 you started racking up some debt. Now you were honorably 0:05:13.360 --> 0:05:15.560 discharged and moved to Washington State, where you had a 0:05:15.640 --> 0:05:18.039 child with a woman named Galen. And then at some 0:05:18.120 --> 0:05:20.600 point you lost your job and out of desperation, wrote 0:05:20.600 --> 0:05:23.000 some overdraft checks to cover your debt's thinking that you 0:05:23.120 --> 0:05:25.200 just pay the fees and get the collectors off your back. 0:05:25.640 --> 0:05:28.320 But you ended up getting prosecuted for theft by the 0:05:28.400 --> 0:05:31.400 check insurance company. You didn't go to jail, but you 0:05:31.480 --> 0:05:32.320 were put on probation. 0:05:32.720 --> 0:05:35.680 Yes, I had written some bad checks. I deliberately overdrafted 0:05:35.680 --> 0:05:37.839 my account when I was in Washington State between nineteen 0:05:37.839 --> 0:05:40.240 eighty two and nineteen eighty three. Now, just so everyone understands, 0:05:40.279 --> 0:05:42.880 and I'm not defending what I did. I was charged 0:05:42.920 --> 0:05:45.279 with what they call first degree theft out there, and 0:05:45.320 --> 0:05:47.559 I was placed on probation, so no prison or anything 0:05:47.600 --> 0:05:49.400 like that. I didn't agree to pay everything back, and 0:05:49.440 --> 0:05:51.640 i'd actually already begun to do some volunteer work for 0:05:51.680 --> 0:05:53.760 some of the businesses. Actually I paid off my entire 0:05:53.760 --> 0:05:56.400 balance while i'd been in prison on this bit, about 0:05:56.400 --> 0:05:58.360 five six hundred dollars. 0:05:58.560 --> 0:06:00.920 So you made good on it. The point of bringing 0:06:00.960 --> 0:06:03.279 it up is to show that you were both struggling 0:06:03.279 --> 0:06:06.400 financially and now the system had its hooks into you. 0:06:07.160 --> 0:06:10.520 So you were on probation in Washington. Your daughter's mother 0:06:10.600 --> 0:06:13.440 decided to head back to Michigan, and you eventually lost custody. 0:06:14.200 --> 0:06:17.839 You had a few probation violations. They're almost impossible to avoid, 0:06:18.080 --> 0:06:20.800 but somehow Washington State agreed to let you go back 0:06:20.800 --> 0:06:22.919 to Michigan, where you looked up a high school sweetheart 0:06:23.000 --> 0:06:27.000 named Michelle Woodworth. You two connected had a son, but 0:06:27.440 --> 0:06:30.599 you also had an open relationship. Now you live together 0:06:30.600 --> 0:06:32.719 in a cabin in ann Arbor along with your childhood 0:06:32.720 --> 0:06:36.560 friend Tom Ford. You were working studying martial arts and Buddhism, 0:06:37.400 --> 0:06:39.880 very much into health and nutrition at the time, you 0:06:39.960 --> 0:06:43.159 rode a motorcycle or a leather jacket. And to round 0:06:43.240 --> 0:06:46.479 out this picture, I also understand that you were the 0:06:46.560 --> 0:06:48.839 lead singer and a couple of bands back in the day. 0:06:48.960 --> 0:06:50.760 You know, I don't want to brag, but I was 0:06:50.800 --> 0:06:52.680 a pretty good singer. It was a dream when I 0:06:52.760 --> 0:06:55.360 was young, in that horrible life at home, to get 0:06:55.360 --> 0:06:56.400 out maybe through music. 0:06:56.640 --> 0:06:59.240 And I don't think it'll surprise anyone that a lead 0:06:59.279 --> 0:07:03.400 singer can be popular with the ladies right this long history. 0:07:03.520 --> 0:07:06.800 I think it's why people become lean singers sometimes. But anyway, 0:07:06.839 --> 0:07:09.080 there was one young lady in particularly named Crystal Merrill 0:07:09.120 --> 0:07:11.200 from the Boorjuron area, which is a short drive for 0:07:11.280 --> 0:07:13.240 man Arbor, and she became part of the reason why 0:07:13.240 --> 0:07:15.960 we're having this discussion today. But let's back up a 0:07:15.960 --> 0:07:18.640 bit here. So you and Michelle Woodworth, as I mentioned, 0:07:18.720 --> 0:07:21.320 had an open relationship, so you were seeing other women. 0:07:21.920 --> 0:07:24.240 It wasn't a secret to her. And to put a 0:07:24.240 --> 0:07:26.480 fine point on how long ago this was, you met 0:07:26.480 --> 0:07:28.119 Crystal Merril at a video store. 0:07:28.400 --> 0:07:30.080 So I was looking at some musical equipment in the 0:07:30.160 --> 0:07:31.640 music store and I went to the video store and 0:07:31.640 --> 0:07:33.239 there was a girl and then that was Crystal Meryl. 0:07:33.320 --> 0:07:35.080 She started hitting on me, and I was young, and 0:07:35.120 --> 0:07:38.200 I was pretty susceptible of that kind of positive attention. 0:07:38.840 --> 0:07:40.960 And she's like, Oh, let me take you out to 0:07:41.000 --> 0:07:44.160 dinner and I'll pay for everything, and blah blah blah. 0:07:44.200 --> 0:07:45.480 And you know, I went for it and I went 0:07:45.480 --> 0:07:48.760 out with her. We wound up having physical relations We 0:07:48.800 --> 0:07:52.000 went out several times. She became obsessive. She was trying 0:07:52.000 --> 0:07:53.880 to change my clothing. She was trying to give me 0:07:53.920 --> 0:07:56.520 a change my hair, get rid of my motorcycle, stop 0:07:56.560 --> 0:07:59.440 wearing a leather jacket. Stop singing rock and roll. He 0:07:59.560 --> 0:08:01.520 just went on on. She's basically trying to sculp me 0:08:01.520 --> 0:08:03.120 into the man that she wanted me to be. So 0:08:03.160 --> 0:08:05.000 she liked, let's say six things about me, and didn't 0:08:05.080 --> 0:08:06.880 like ten things about me. One day she comes with 0:08:06.920 --> 0:08:09.160 a bag full of Eyeside shirts. You know, this is 0:08:09.160 --> 0:08:12.760 the eighties, those pink and lime green with a little alligator. 0:08:12.760 --> 0:08:15.280 It's like, I'm not wearing this. I've got on like 0:08:15.280 --> 0:08:17.360 an Iron Maiden T shirt and a leather jacket and 0:08:17.400 --> 0:08:18.200 shredded jeans. 0:08:18.240 --> 0:08:20.600 You know, right, you're a rock and roll guy. I 0:08:20.600 --> 0:08:23.000 mean you weren't trying to hang at the country club 0:08:23.080 --> 0:08:26.400 with Chad and Blake and were penny loafers, right. 0:08:26.360 --> 0:08:29.240 Yeah, yeah, exactly. Oh my god, I swear I used 0:08:29.240 --> 0:08:30.840 to say she wanted me to be Blake. 0:08:31.080 --> 0:08:32.199 That's hilarious. 0:08:32.360 --> 0:08:34.640 And I'm like, listen, you don't like anything about me, Okay, 0:08:34.720 --> 0:08:36.600 you don't like my hair, you like my clothes, you 0:08:36.600 --> 0:08:38.640 don't like anything about me. I don't want to be 0:08:38.720 --> 0:08:41.120 with you. She started stalking me and driving by. 0:08:41.280 --> 0:08:43.760 And I understand there was a boiling point where she 0:08:43.880 --> 0:08:46.520 made some dramatic public spectacle at a party and your 0:08:46.520 --> 0:08:50.480 friend Tom became concerned about how Crystal's erratic behavior could 0:08:50.480 --> 0:08:54.680 be dangerous considering your probation status. Once the system gets 0:08:54.679 --> 0:08:57.360 it soaks into you, you have to fly so straight, 0:08:57.520 --> 0:08:59.560 you have to throw at such a needle and be 0:08:59.679 --> 0:09:02.960 like Goodie two shoes just in order to stay at 0:09:02.960 --> 0:09:06.720 a prison. And you had already had another minor brush 0:09:06.760 --> 0:09:09.200 with the law in pleasant Ridge, Michigan. So the three 0:09:09.240 --> 0:09:11.400 of you packed up and moved to Escanaba, which is 0:09:11.640 --> 0:09:14.199 way the hell up in the Upper Peninsula, over four 0:09:14.400 --> 0:09:18.120 hundred miles from Port Huron, where Crystal was licking her wounds, 0:09:18.720 --> 0:09:20.680 and from what we understand, after you left, she got 0:09:20.679 --> 0:09:23.400 involved with some other men and got pregnant. Now, one 0:09:23.440 --> 0:09:25.360 of those men turned out to be the victim in 0:09:25.360 --> 0:09:28.000 this case, Scott macklum, and he was the son of 0:09:28.040 --> 0:09:31.560 the mayor of Croswell, Michigan. And Crystal later claimed that 0:09:31.600 --> 0:09:34.520 they were engaged and that her unborn child was also his, 0:09:34.960 --> 0:09:37.040 But we're not even sure if that's true. And it 0:09:37.120 --> 0:09:39.640 was your previous fling with Crystal that became the basis 0:09:39.640 --> 0:09:42.480 for the States theory for your alleged motive. But what 0:09:42.559 --> 0:09:45.600 seems way more compelling, which is something that the police 0:09:45.720 --> 0:09:49.640 never investigated. Was some of Scott's entanglements in the lead 0:09:49.720 --> 0:09:51.559 up to November of eighty six. 0:09:51.640 --> 0:09:53.559 Prior to his being killed. Supposed that he got in 0:09:53.640 --> 0:09:55.520 some kind of a car chase. All these things were 0:09:55.520 --> 0:09:57.600 happening to this guy. He had a job in some 0:09:57.679 --> 0:10:00.600 kind of a men's clothing store, George and his men's wear, 0:10:01.040 --> 0:10:03.280 and there are multiple instants of these two guys coming 0:10:03.280 --> 0:10:05.640 into his workplace, according to witnesses from the store. And 0:10:05.679 --> 0:10:07.240 I have the reports, and anybody wants to see him, 0:10:07.280 --> 0:10:09.920 we'll share them with you. And says he knew these 0:10:09.960 --> 0:10:12.880 guys on site, and there were two of them, and 0:10:12.920 --> 0:10:14.360 it said the first time they came in the story, 0:10:14.360 --> 0:10:16.800 he had a confrontation with them that almost became violent, 0:10:17.040 --> 0:10:19.920 and it says he challenged them to fight. Says the 0:10:19.960 --> 0:10:21.719 second time they came in the store and he saw them, 0:10:21.720 --> 0:10:23.360 he was so scared he ran in the back of 0:10:23.400 --> 0:10:25.800 the store and he hid. So whatever happened from the 0:10:25.840 --> 0:10:28.360 first incident to the second, he was terrified at these guys. 0:10:28.520 --> 0:10:31.040 The morning that he was murdered at the college, according 0:10:31.040 --> 0:10:33.400 to people there, he was in the college for some reason. 0:10:33.440 --> 0:10:36.240 Nobody knows why. Sub zero morning in November of nineteen 0:10:36.280 --> 0:10:38.760 eighty six, but he skipped his classes, but he was 0:10:38.760 --> 0:10:40.360 in the school with his gym bag, but he never 0:10:40.400 --> 0:10:42.920 went to gym. We have his college records. He was 0:10:42.960 --> 0:10:45.440 skipping more and more and more of his classes and 0:10:45.440 --> 0:10:47.120 we know announ it's because he had a drug problem. 0:10:47.160 --> 0:10:49.480 And he was also dealing drugs at the college. And 0:10:49.559 --> 0:10:51.760 we found multiple dealers that have confirmed this. So I 0:10:51.760 --> 0:10:53.320 want people to know that I'm not just saying this 0:10:53.480 --> 0:10:56.640 whatever his family says. They knew he had a drug problem. 0:10:56.640 --> 0:10:58.720 We found dealers that knew his father, that his father 0:10:58.800 --> 0:11:00.000 was paying off his drug debts. 0:11:00.240 --> 0:11:03.080 So Scott was in trouble. I mean, his wealthy father, 0:11:03.240 --> 0:11:06.840 the mayor, had tried to save him several times. And 0:11:06.920 --> 0:11:09.520 you can see how this could have been very embarrassing 0:11:09.520 --> 0:11:12.199 for a local politician like him, especially back in the 0:11:12.280 --> 0:11:14.720 eighties when attitudes about drug use were informed by the 0:11:14.840 --> 0:11:18.840 colossal public policy failure known as the War on Drugs. 0:11:19.320 --> 0:11:22.240 That same policy also created the environment at which violent 0:11:22.280 --> 0:11:25.840 crimes like this one occurred. And that brings us to 0:11:25.880 --> 0:11:28.959 the morning of November fifth, nineteen eighty six, when Scott 0:11:28.960 --> 0:11:33.080 had been at the community college curiously cutting class while 0:11:33.120 --> 0:11:36.480 carrying a gym bag while not going to the gym. 0:11:36.960 --> 0:11:39.400 There were also reports that he appeared to be running 0:11:39.400 --> 0:11:41.840 from the student center to his car when this tragic 0:11:41.920 --> 0:11:46.240 incident occurred around nine am, Imron, can you tell us 0:11:46.400 --> 0:11:47.319 a little bit about this. 0:11:47.880 --> 0:11:49.880 It's a tragedy, of course. A man was shot and 0:11:49.960 --> 0:11:54.360 killed in a community a college parking lot in Port Huron, Michigan. 0:11:54.679 --> 0:11:56.920 You know, he was kind of shot near his car. 0:11:57.160 --> 0:11:59.920 He's seen running out of the student center. The witnesses 0:12:00.080 --> 0:12:02.160 said he was running from the student center to his 0:12:02.280 --> 0:12:04.800 vehicle and then was shot somewhere in front of his 0:12:04.920 --> 0:12:06.959 vehicle and made it to the front left tire's vehicle 0:12:06.960 --> 0:12:07.560 where he fell. 0:12:07.840 --> 0:12:10.880 So the assailant fired a shotgun once at Scott Macklum, 0:12:10.960 --> 0:12:13.400 leaving him on the driver's side of the car. The 0:12:13.559 --> 0:12:16.760 key was still in the door. One shellcasing and a 0:12:16.760 --> 0:12:19.680 box of shells were found at the scene. A latent 0:12:19.720 --> 0:12:21.480 print was pulled from the box of shells, and the 0:12:21.520 --> 0:12:25.440 murder weapon was never recovered. So this is a busy, 0:12:25.960 --> 0:12:29.960 bustling community college parking lot, and you would think somebody 0:12:29.960 --> 0:12:31.559 would have seen something, right. 0:12:31.960 --> 0:12:34.960 No one saw the actual shooting itself, at least no 0:12:34.960 --> 0:12:37.280 one has come forward that saw the actual shooting, so 0:12:37.360 --> 0:12:39.840 the case was built through the testimony of people that 0:12:39.920 --> 0:12:42.720 saw things that happened kind of a little bit before 0:12:42.920 --> 0:12:46.319 or right afterward. One of the witnesses said that he 0:12:46.320 --> 0:12:49.800 heard the gunshot and kind of as he was looking around, 0:12:49.920 --> 0:12:53.040 he saw a car driving away kind of fast, and 0:12:53.080 --> 0:12:55.280 you know, he had only got a fleeting look at 0:12:55.320 --> 0:12:55.840 the person. 0:12:56.400 --> 0:12:58.640 Right. This was Rennie Gobain, who said that he heard 0:12:58.679 --> 0:13:00.880 what sounded like a tire had blown out, which caused 0:13:00.960 --> 0:13:03.800 him to notice a light, tan, foreign hatchback style car 0:13:03.920 --> 0:13:06.920 leaving a lot. There's no certainty about whether this car 0:13:07.000 --> 0:13:09.640 was even connected to the crime, but nonetheless he saw 0:13:09.640 --> 0:13:12.160 this alleged assailant through the windshield as he drove by, 0:13:12.240 --> 0:13:15.000 wearing a dark blue ski cap not covering his face, 0:13:15.400 --> 0:13:17.960 but according to Gobain, his head was tilted down the 0:13:18.080 --> 0:13:20.920 entire time, so Gobain didn't even get a good look 0:13:21.000 --> 0:13:25.000 at this alleged assailant. Now, Renny Gobain wrote down a 0:13:25.080 --> 0:13:26.960 license plate number and reported it to police, but the 0:13:27.040 --> 0:13:30.280 number didn't turn up a match, so Gobain was then 0:13:30.600 --> 0:13:34.320 hypnotized by his psychology professor in order to try to 0:13:34.320 --> 0:13:38.679 better recall the plate number. I mean, this is just embarrassing, 0:13:39.440 --> 0:13:43.800 and the results were about as probative as one might think. Now, 0:13:43.880 --> 0:13:46.520 Renny Gobain also initially said that the car was a 0:13:46.520 --> 0:13:51.360 foreign hatchback, but later inexplicably and suspiciously, I would say, 0:13:51.520 --> 0:13:55.719 changed his description to a Ford Escort station wagon. Now, 0:13:55.720 --> 0:14:00.880 this change curiously happened after a nineonymous tip came in 0:14:00.920 --> 0:14:05.480 saying that the alleged assailant had just been spotted driving one. Curiously, again, 0:14:05.720 --> 0:14:08.760 that tip came in after Timodgy had already been arrested. 0:14:08.840 --> 0:14:11.679 So why did Gobain change this initial description to a 0:14:11.800 --> 0:14:15.240 very specific and conflicting description that matched an anonymous tip. 0:14:16.200 --> 0:14:19.200 And was that anonymous tip even real. We don't know 0:14:19.240 --> 0:14:21.720 the answers to either of those questions, but we can 0:14:21.800 --> 0:14:27.400 certainly speculate that Gobain had been fed more information by investigators. 0:14:27.840 --> 0:14:30.640 But anyway, back to the immediate aftermath. So there was 0:14:30.800 --> 0:14:35.480 also this other witness named Richard Krueger, who was even 0:14:35.640 --> 0:14:39.400 further removed from the scene and any meaningful information than 0:14:39.440 --> 0:14:40.400 even Gobain was. 0:14:40.520 --> 0:14:44.160 Right, he had just seen a man that he deemed 0:14:44.200 --> 0:14:49.480 suspicious loitering nearby near some bushes in an adjoining parking lot, 0:14:49.520 --> 0:14:52.040 and that was about an hour before the shooting. 0:14:51.840 --> 0:14:54.760 Right, so not so helpful at the time, until both 0:14:54.840 --> 0:14:58.359 Rennie Gobain and Richard Krueger both viewed a very suggestive 0:14:58.360 --> 0:15:01.360 photo lineup, and the suggestion into both of these witnesses 0:15:01.440 --> 0:15:04.480 was to pick Tamagin Kenzu. And we'll get into how 0:15:04.560 --> 0:15:07.480 it was suggestive in just a bit, But first, how 0:15:07.520 --> 0:15:10.480 does this photo even find its way into this lineup? 0:15:10.520 --> 0:15:14.479 Because early on in the investigation, before these eventual misidentifications 0:15:14.520 --> 0:15:18.520 from Gobin and Krueger, temision wasn't even on Port Huron 0:15:18.640 --> 0:15:22.280 Police Department's radar. How did he even become a suspect 0:15:22.480 --> 0:15:26.080 living over four hundred miles away in the Upper Peninsula. 0:15:26.120 --> 0:15:29.960 Mister Kensu initially becomes a suspect because in talking to 0:15:30.560 --> 0:15:33.200 the victim's girlfriend that they find out that he was 0:15:33.200 --> 0:15:36.480 a former boyfriend of the victims then girlfriend, Crystal Merrill, 0:15:36.600 --> 0:15:39.760 and she describes him as a curious person, let's say, 0:15:40.000 --> 0:15:43.200 someone who's into martial arts, someone who she said, was, 0:15:44.120 --> 0:15:46.720 you know, an aggressive type and was very jealous of 0:15:46.760 --> 0:15:49.160 her and all of that stuff. So that gets police 0:15:49.200 --> 0:15:52.480 really interested in mister Kensu. They started investigating him. They 0:15:52.520 --> 0:15:56.240 find that he's living in Rock, Michigan near Escanaba in 0:15:56.280 --> 0:15:59.040 the Upper Peninsula, which is a whole different world from 0:15:59.040 --> 0:16:01.160 Port Huron, but they don't let that stop them. They 0:16:01.360 --> 0:16:03.840 start trying to figure out how he could have come 0:16:03.880 --> 0:16:06.240 down from Escanaba, committed the shooting and been back. 0:16:06.480 --> 0:16:09.720 So they investigated Temigen's whereabouts to find a way to 0:16:09.840 --> 0:16:13.080 nail him, not knowing that they were just going to 0:16:13.120 --> 0:16:16.800 actually solidify his alibi. They found out that he was 0:16:16.880 --> 0:16:19.600 on a date until I believe around two am with 0:16:19.680 --> 0:16:23.640 a woman named Beth Styr, and his car had actually 0:16:23.640 --> 0:16:26.520 broke down and he got help and then he went 0:16:26.520 --> 0:16:31.280 home to Michelle Woodworth even later. Meanwhile, the shooting occurred 0:16:31.280 --> 0:16:36.400 at nine am, over four hundred miles away. Temwichen was 0:16:36.440 --> 0:16:39.400 then seen by folks all over town that very day, 0:16:39.640 --> 0:16:43.680 including out a dojo in Escanaba around noon. Importantly, not 0:16:43.800 --> 0:16:46.680 everyone at the dojo liked Temagen. He was a cocky 0:16:47.000 --> 0:16:49.560 twenty seven year old guy. But despite any of that 0:16:50.240 --> 0:16:53.960 and their own animosity stores him, they still corroborated his alibi. 0:16:54.320 --> 0:16:57.760 The evidence, even at the time of the investigation, was 0:16:57.880 --> 0:17:00.440 very clear that mister Kinsey was not at the scene 0:17:00.440 --> 0:17:02.480 of the crime, that he was in fact, at least 0:17:02.520 --> 0:17:06.199 four hundred miles away in Michigan's Upper Peninsula. At distance 0:17:06.240 --> 0:17:08.240 it would have taken him I think something like seven 0:17:08.359 --> 0:17:10.879 or eight hours to drive each way at the time. 0:17:11.119 --> 0:17:14.760 So even the prosecution accepted that this round trip journey 0:17:14.800 --> 0:17:20.000 in that timeframe was not possible by car. And we'll 0:17:20.040 --> 0:17:24.000 talk later about how they came up with a preposterous 0:17:24.040 --> 0:17:27.520 travel theory involving a private plane of which there is 0:17:27.560 --> 0:17:31.240 no record, right, no aviation logs, nothing, just to make 0:17:31.520 --> 0:17:33.639 to try to make his guilt plausible for a jury, 0:17:34.080 --> 0:17:36.880 not that they ever proved it at all. I mean, 0:17:36.920 --> 0:17:39.760 the only physical evidence, the fingerprint on the box of shells, 0:17:39.800 --> 0:17:44.639 clearly excluded Temagen, whose alibi was as good as any 0:17:44.800 --> 0:17:45.640 we've ever seen. 0:17:45.960 --> 0:17:48.679 There's more of this two Jason. So remember there's no 0:17:48.800 --> 0:17:51.280 Scott when Crystal and I are together. So there's no 0:17:51.320 --> 0:17:53.240 reason to be jealous of this guy. I knew about 0:17:53.240 --> 0:17:55.440 an RNL Hope, I knew about a Mike Van Dyke, 0:17:55.560 --> 0:17:58.240 there was no Scott. Secondly, the Scott guy has done 0:17:58.280 --> 0:18:00.560 nothing to me. Third I've moved far away, I've got 0:18:00.560 --> 0:18:03.000 girlfriends up. Nor if I'm trying to get this record deal, 0:18:03.040 --> 0:18:05.840 I'm living with Michelle in this duppy little farmhouse, trying 0:18:05.840 --> 0:18:08.760 to live my singing dream. I'm not going back down 0:18:08.920 --> 0:18:11.240 tom Ford confirmed that we never went back down there. 0:18:11.240 --> 0:18:14.000 We never stalked Crystal or stalked Scott or anything. Again. 0:18:14.400 --> 0:18:16.240 You know, a lot of the listeners right now are young, 0:18:16.240 --> 0:18:18.280 and they're used to the present technology. There was no 0:18:18.359 --> 0:18:20.520 Internet in my day. There were no cell phones in 0:18:20.520 --> 0:18:24.600 my day. He was killed at college, skipping class on 0:18:24.680 --> 0:18:28.560 a sub zero morning in poor here on How the 0:18:28.640 --> 0:18:30.879 hell could I have known this guy was going to college. 0:18:31.000 --> 0:18:32.840 There's just there's no way I could have done all 0:18:32.840 --> 0:18:35.600 his detective work. You know, I was I was stone broke. 0:18:35.880 --> 0:18:38.399 Michelle was on welfare. I was even more poor by 0:18:38.400 --> 0:18:41.080 the time we were living up north. There's no way 0:18:41.080 --> 0:18:44.120 for me to gather all this data about Scott. 0:18:44.000 --> 0:18:45.840 Right, You'd have to have known where Scott Macklin was 0:18:45.880 --> 0:18:48.920 going to be and when in order to pull this 0:18:49.080 --> 0:18:51.680 off and make your return flight to the Upper Peninsula 0:18:51.720 --> 0:18:54.120 to be seen by nude. It's not like you could 0:18:54.160 --> 0:18:57.040 have found out information about his class schedule online. There 0:18:57.160 --> 0:19:00.399 was no online at the time. So instead of seeing 0:19:00.440 --> 0:19:02.080 the writing on the wall that you were not the 0:19:02.160 --> 0:19:06.080 guy but rather run down some of the potentially embarrassing 0:19:06.160 --> 0:19:09.880 leads involving the shady characters connected to the victim, who 0:19:09.960 --> 0:19:13.280 was the son of a wealthy local politician. They made 0:19:13.359 --> 0:19:17.119 you the fall guy Patsy for this murder, and in 0:19:17.240 --> 0:19:19.479 order to do so, they went back to Rennie Gobain 0:19:19.560 --> 0:19:22.639 and Richard Krueger with this super suggestive photo lineup. And 0:19:22.680 --> 0:19:25.440 we'll share this photo lineup on our socials along with 0:19:25.480 --> 0:19:28.399