In Chapter 27, my reference to what Carol told a reporter in January 1976 about Bill’s letters comes from “I’m Terribly Frightened,” an article in the Phoenix Gazette by Pat Sabo, published on January 14, 1976. My sources for the time sequence involving Macumber family members are several: In a letter to me dated July 3, 2012, Bill Macumber advised that Harold carted items from the house on West Wethersfield Road soon after Bill’s arrest—Bill couldn’t have done that himself, as he was in jail. Macumber’s journal records his plan to buy the motocross bike for his sons on Friday, October 25, 1974, while he was out on bail before the first trial, and Ron Macumber confirms that’s when his father bought them the bike. Judge Hughes didn’t request a conciliation court report until March 1975, which is when Pat Ferguson interviewed Steve and Scott; Pat Ferguson’s report is dated March 26, 1975.
My account in Chapter 27 about the post-conviction relief proceedings, plea bargain, evidentiary hearing and Macumber’s press conference drew from court documents and interviews with all those involved, particularly Jordan Green at the law firm of Perkins Coie. I attended the evidentiary hearing in Phoenix on November 7, 2012, and also drew from local news stories, particularly two by Richard Ruelas in The Arizona Republic, “Ex-inmate Savors 1st Breaths of Freedom” (November 9, 2012) and “Man Convicted in ’62 Murders Freed” (November 8, 2012).
I am acutely aware of how hard it is to get everything right in this kind of reconstructed nonfiction narrative. I realize also that as well as I may do my job, some players in the story may be unhappy about their depictions, feeling I have not represented them as they see themselves. That is inevitable and unavoidable. In the end, as harsh as it sounds, I am telling my story, not theirs.
Acknowledgments
Assembling a nonfiction chronicle such as this requires the cooperation of a great many people, to whom I am forever indebted. Most particularly, I thank Larry Hammond, who opened the doors of the Arizona Justice Project to me and then spent dozens of hours sharing his memories and insights. Without his gracious, patient cooperation, and his decision to urge the Justice Project’s “full cooperation,” my task would have been impossible. I am equally grateful to Katie Puzauskas, who provided a wealth of documents, constant guidance and invaluable support, fielding my unending flow of queries and requests over two years. She also proved to be a most considerate host, affording me use of the Justice Project conference room and a priceless copier-scanner.
I’m obliged as well to Bob Bartels and Rich Robertson, who spent hours guiding me through the Justice Project’s decade-long work on the Macumber case, and to a number of others on the Justice Project team: Lindsay Herf, Sarah Cooper, Karen Killion, Sharon Sargent-Flack, Andrew Hacker and Jen Roach. I thank Ron Macumber and Jackie Kelley for serving up resonant memories and boxes of invaluable documents; Bedford Douglass for reliving the second Macumber trial; Judge Thomas O’Toole for recalling Ernest Valenzuela; Carol, Steve and Scott Kempfert for graciously welcoming me to their home. I’m most grateful to Bill Macumber for his sustained cooperation and pivotal decision to provide me his journal and private correspondence.
A special thanks to Marc LaRocque, who as my research associate in the early stages of this project helped me navigate several complex topics. Marc holds a PhD in history from University of California–Irvine but proved to be equally adept at legal research, gathering a rich portfolio of articles and rulings about the attorney-client privilege.
Once the research is completed, the writing—and rewriting—begins. I am deeply indebted to Gillian Blake, the editor-in-chief at Henry Holt, for her superb editing advice, which ranged from meta-considerations to a rigorous line edit. Her close read of several drafts inspired me to keep revising my manuscript. So did the meticulous work by Bonnie Thompson, a gifted copyeditor. I’m grateful as well to Henry Holt’s publisher, Stephen Rubin, for his continued support and faith in me.
My regard and appreciation for Kathy Robbins—after all these years still my agent, friend, mentor and scold—knows no bounds. Throughout this project she encouraged, championed and challenged all at once. She greatly improved both my spirit and my prose.
My wife, Marti Devore, and daughter, Ally Siegel, put up with me once again. Their love, support and tolerance make it all possible.
Index
The index that appeared in the print version of this title does not match the pages in your e-book. Please use the search function on your e-reading device to search for terms of interest. For your reference, the terms that appear in the print index are listed below.
American Civil Liberties Union (ACLU)
American College of Trial Lawyers
American Judicature Society, Justice Award
Anderson, Ralph
Anderson, Steven
Arellano, Silvia R.
Arizona Attorneys for Criminal Justice (AACJ)
Arizona Board of Executive Clemency
first hearing
second hearing
Arizona Board of Pardons and Paroles
Arizona Capital Representation Project
Arizona Center for Law in the Public Interest
Arizona Correctional Industries (ACI)
Arizona Department of Corrections
Arizona Ethics Opinion No. 74-30
Arizona Jaycees
Awards Committee
newspaper
Arizona Justice Project (AJP). See also specific individuals
ASU team aids
Bill learns of
Bill’s illness and
Bill’s son Ron and
Carol interviewed by
case stalled
Chambers and
clemency and, first hearing
clemency and, second hearing
clemency denial by Brewer and
early investigation by
evidence pursued by
first meeting with Bill
growth of
interviews with jurors and friends of Carol
launched
O’Toole spurs inquiry into Bill’s case by
PCR and
publicity and
Arizona Polygraph Laboratory
Arizona Republic
Arizona SB 1070 (law on immigrants)
Arizona State Prison at Douglas
Arizona State Prison at Florence
North Unit
Outside Trustee Unit
TV studio
Arizona State Prison Complex-Tucson
Manzanita special needs unit
Rincon Unit
Arizona State University, College of Law (ASU)
Justice Project Practicum
Post-Conviction Relief clinic
team aids Bill’s case
Arizona Supreme Court
Arizona v. Macumber
Armos, Joe
ASPOT Jaycees
attorney-client privilege
Valenzuela’s mother waives
Barnby, Jack
Bartels, Robert “Bob”
AJP investigation and
clemency hearings and
Lacy and
PCR and
Belcher, Duane
Benitez, Mary
Benitez, Steven
Black, Hugo
Blubaum, Paul
Boies, L. C. “Cal”
Bowers, Pastor
Brandon, Harleen (Bill’s cousin)
Brandon, Jay (Harleen’s husband)
Brennan, William
Brewer, Dave
Brewer, Jan
Bridgewater, Paul
Bridgewater, Shirley
Buduson, Sarah
Byers, Charles
California Innocence Project
Calles, Ed
Carriger, Paris
Carter, Jimmy
Centurion Ministries
Chambers, Leon
Chambers v. Mississippi
Cochise College
Correctional Education Division
Medical Center
Cohen, Bruce R.
Coie, Perkins
Conciliation Court
Cooper, Sarah
Corcoran, Robert
Cox, Archibald
death penalty
moratorium on
Deer Valley Little League
Dees, Morris
De La Torre, William
Desert Survival Unit
Diehl, Richard
DNA evidence
lack of
Dolezal, Michelle
Douglass, Bedford
Dumar, Charlie
Duwel, Joe
Edmunson, Ralph
Elliot, Sarah
Erickson, Dr. Milton
evidence. See also fingerprint evidence; firearms and ballistics evidence; and specific witnesses
AJP investigation and
blood
chain of custody
Chevy Impala
hair thatch
handkerchief
license plate number in purse
murder site and
PCR and
second clemency hearing and
tampering issue
Ezell, Tom
Ezell Polygraph Institute
Federal Bureau of Investigation (FBI)
Federal Bureau of Prisons
Ferguson, Pat
fingerprint evidence (palm prints, Latent Lift 1)
firearms and ballistics evidence
Bill’s .38
Bill’s .45
first trial and
PCR and
shell casings and ejector marks
second clemency hearing and
Valenzuela’s gun and
Flanagan, Charles
Ford, Charles
Foreman, John
forensic sciences. See also evidence; fingerprint evidence; firearms and ballistics evidence
Foster, Vince
Free Bill website
Freedom of Information Act (FOIA)
Furman v. Georgia
Gangsei, Philip A.
Garcia, Joe
Gilbertson, Dennis
Girdler, Ray
Glendale Community College
Grant, Gerald (Jerry)
Granville, Warren
Green, Jordan
Green, Richard
Grimston, Harry J.
Ground Observer Corps
Haag, Lucien
habeas corpus appeal
Hacker, Andrew
Hakes, Tom
Halas, Nancy
Hamilton, James
Hammond, Larry
AJP launched by
ASU College of Law address
ASU team and
awards and honors
background of
Bill’s illness and
Bill’s son Ron and
Chambers and
clemency and, first hearing
clemency and, second hearing
clemency denial by Brewer and
“11 Items” memo
illness of
Jackie and
Lacy and
meets Bill and takes case
PCR and
preliminary investigation and
problems with evidence and
Hardy, Charles
Hart, Roger
Hay, Theresa (Primrose’s daughter)
Hayes, Gerald “Jerry”
Heberling, Detective
Henze, Tom
Herf, Lindsay
Herrera v. Collins
Hill, Jerry
History’s Trail (Macumber poetry collection)
Holohan, William
Homeless Legal Assistance Project
Hoyt-Croft, Lesley
Hughes, Ed
Imbordino, Vince
Innocence Project (Yeshiva University)
Jacka, Jerry
Jacobson, Ty
Jaworski, Leon
Jaycees. See Arizona Jaycees; Roadrunners Jaycees
Jerry Lewis Muscular Dystrophy Association Telethon
John F. Long Homes (model homes)
Jolly, John
Jones, Lester
Kanefield, Joe
Karas, Tom
Kelley, Jackie (Bill’s cousin)
Bill’s illness and
Bill’s son Ron and
clemency and, first hearing
clemency and, second hearing
early life of
Hammond and
letters to O’Toole
PCR and
Kelley, Lee (Jackie’s husband)
Kelley, Mike (Jackie’s son)
Kelley, Robyn (Jackie’s daughter)
Kemper, James “Jim”
Kempfert, Carol (Bill’s wife, formerly Macumber)
access to evidence and
affairs and
AJP investigates
AJP visits
Bill’s arrest and
Bill’s bail and
clemency and, first hearing
clemency and, second hearing
clemency denial by Brewer and
divorce and
fingerprint classes and
first trial and
Frieda Kennedy on
interview with
jury and
kitchen-window shot and
marriage and
moves to Colorado
MSCO investigation of
palm print and
polygraph of
second trial and
son Ron and
police statement of, accusing Bill of murders
stories on Bill’s temper and
visitation rights and
Kempfert, Deb (Ron’s wife)
Kempfert, Megan (Ron’s daughter)
Kempfert, Ron (Bill’s son formerly Macumber)
Bill’s illness and
childhood of
clemency and, first hearing
clemency and, second hearing
learns of AJP investigation
publicity and
reunion with Bill and
stepchildren and
Kempfert, Scott (Bill’s son, formerly Macumber)
Kempfert, Steven (Bill’s son, formerly Macumber)
Kennedy, Frieda (later Turner)
Killion, Karen
Macumber narrative and
“Top 10 Action Plan” memo and
Kimm, Robert
King, Cleatus G.
King, Glenda (Primrose’s twin sister)
Kirschbaum, Ellen
Kleindienst, Richard
Knapp, John Henry
LaBarre, Paul
Lacy case
LaSota, Jack
Leavenworth penitentiary
Lewis, Samuel
Lifers’ Club
Life: The Bill Macumber Story (documentary)
Liptak, Adam
Love, Majof
Lunsford, Mildred
MacDougall, Ellis
Macumber, Clara “Toots” (Bob’s wife)
Macumber, Harold, (Bill’s father)
death of
Macumber, Mark (Bill’s nephew)
Macumber, Meryle “Mimi” (Bill’s mother)
Macumber, Robert “Bob” (Bill’s brother)
Macumber, Ron. See Kempfert, Ron
Macumber, Scott. See Kempfert, Scott
Macumber, Steve. See Kempfert, Steve
Macumber, William Wayne “Bill.” See also evidence; fingerprint evidence; firearms and ballistics evidence; Sterrenberg-McKillop murders; Valenzuela, Ernest, confession of; and specific individuals
AJP clemency and PCR investigations and
AJP first reviews file of
AJP initial investigation on behalf of
AJP meets with
alibi and
arrest of
attempt to reopen case of, and evidence technician Brewer
bail and
Bartels report on fingerprint evidence and
Carol’s and sons’
animosity toward
Carol’s police statement on murders by
Centurion Ministries and
clemency and, first hearing
clemency and, second hearing
clemency denial by Brewer and
clemency petitions by
death of father and
divorce and
documentary on
early life of
first conviction overturned
first trial
Frieda Kennedy on
Ground Observer Corps service
Hammond and
health problems of
irregularities of case of
Jackie and
Jaycees
journal of
kitchen-window shooting and
lack of motive and
learns of Valenzuela confession
Little League romance and
loss of faith and
marital problems and
marries Carol
O’Toole initiates AJP inquiry into
Outlaw Rodeo and
palm prints taken
police interrogation of, and missing reports
polygraph and
preliminary hearings and
prison life and
second trial and
second trial jurors and clemency petition of
son Ron reunited with
sons and
Valenzuela confession and
victims’ families and
visitation rights and
writing by
Make-a-Wish Foundation
Maledon, Bill
Maricopa County indigent-defense fund
Maricopa County Public Defenders Office
Maricopa County Records and Identification Bureau
Maricopa County Sheriff’s Office (MCSO)
AJP investigation and
Bill arrested by
Bill’s report of kitchen-window shot and
Bill’s second trial and
Carol and
Desert Survival Unit and
murder investigation and
Valenzuela confession and
Martinez v. Ryan
McCarthy, John
McClusky, Carol Sue
McClusky, John (Tim McKillop’s cousin)
McFord, Lester, II
McGowan, Carl
McKillop, Ann (Tim’s mother)
McKillop, Jim (Tim’s father)
McKillop, Tim
family of, and clemency
model homes guard and
murder of. See also Sterrenberg-McKillop murder
McKinney, Lieutenant
Mexican Mafia
Meza, Olivia