William Macumber is 75 years old. He’s been in prison for the last 35 years. And if Arizona Gov. Jan Brewer has her way, he will die there. This despite the fact that the Arizona Clemency Board (made up of members appointed by Brewer herself) recommended he be released and in an unprecedented move stated there were “significant doubts” he was guilty.
It’s not unheard of for a clemency board or similar entity to recommend an inmate’s pardon or release—it’s rare, but it happens. They might do so for a variety of reasons: the age of the inmate, questionable handling of a case, a seemingly disproportionate sentence, or illness. But rarely, if ever, does such an entity step forward and question the guilt of the offender. They typically assume that an issue such as guilt/innocence would have been ironed out in the initial trial courts.
In the case of William Macumber, however, the Arizona Clemency Board saw some glaring problems. Unfortunately for Macumber and his supporters, however, Gov. Brewer is refusing to budge. Not only has she given no reason why and offered no explanation for the disregard of the Clemency Boards’ recommendation, she’s refused to respond to Macumber’s son (his biggest advocate) and virtually ignored the nearly 3,000 letters from Change.org members regarding this case.
I first reported on Mr. Macumber’s case back in June 2010. Since that time, Brewer has done nothing. When we started the campaign here at Change.org, it had been suggested that she was withholding action because it was an election year and Brewer didn’t want to rock the boat by appearing soft on crime. But her campaign proved successful (for her, at least) and yet she still remains steadfast in her commitment to keeping Macumber behind bars.
Macumber was convicted of a double murder in 1975 -- a murder that another man later confessed to. The prosecution’s case was built largely on the testimony of Macumber’s wife at the time, Carol, who incidentally worked for the Sheriff’s office. Carol and William were going through a particularly ugly separation at the time and there are indications that she tampered with evidence that would incriminate William. The clemency board found her testimony to be unreliable and her own son believes his mother was completely capable of framing his father and continuing the ruse for decades.
In October, William and Carol’s son, Ron Kempfert, confronted Gov. Brewer at a press conference, after being ignored repeatedly. Kempfert and Nightline’s Dan Harris’ impromptu confrontation with Brewer ended abruptly after she stated she stood by her decision and believed there was nothing further to discuss. She had no response when Harris asked her how she could divert from recommendations issued by a board whose members she was responsible for seating—people she obviously respected. Also interesting was Brewer’s previously cited public safety concerns with releasing Macumber—a suspected innocent man, 75 years old and frail with arthritis and heart problems.
It’s clear there are no legitimate or compelling reasons for Brewer’s denial of Macumber’s release. He has nearly everyone but Brewer and his ex-wife on his side. His son continues to fight to bring attention to the case, an effort he joined in by the Arizona Justice Project. So far, nearly 3,000 Change.org members have sent their concerns to Gov. Brewer -- join them in pressuring her to accept the recommendations of the Arizona Clemency Board and release William Macumber. Though many of her actions in office and on her campaign trail have been questionable, this remains one of the more unexplainable.
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