Back before the Conviction Integrity Unit was established, the Director of Proving Innocence tried to nail down the staff to determine what criteria would be used to consider a case. At that time, Robyn Frankel stated at a public conference (and then followed up again IN WRITING that the criteria used to determine innocence was anything that the original finder of fact (or original jury) did not know or did not hear at the time of the trial. Even the CIU website SHOWED this criteria prior to April 2020. The CIU application on the Michigan AG website is consistent with the language reflected prior to April 2020 as well and it is silent on post-trial appeals in it's definition of the eligibility.
However, in April 2020, the website CHANGED and nobody was informed of the material change to the unit's missive. The new language states that the new evidence or information must not have been raised during post-conviction appeals (direct appeal, federal habeas, MCR 6.500, etc.)
When confronted by the Detroit News, Dana Nessel's staff LIED about the criteria not changing. Kensu's denial letter can be read here.
CALL TO ACTION: Write to Governor Gretchen Whitmer and ask her to free Temujin from this very obvious wrongful conviction. You need not go into great detail about his innocence, as she is very well aware of the case. You can submit your plea online at www.michigan.gov/whitmer and click on the Contact the Governor link or you can email her at Gretchen.Whitmer@michigan.gov.
In July, the Michigan Innocence Clinic resubmitted a clemency application for review by Governor Gretchen Whitmer. The process starts with the Parole Board weighing in (although there is no reason for them to in this case, as they admittedly do not consider innocence). They had 60 days to forward their recommendation to Governor Whitmer. The 60 day deadline ended on August 26, 2022. Governor Whitmer doesn't technically have a deadline to answer the response, but we knew it wasn't likely she would do anything prior to the election on November 8th. Since she won her second term, we are hoping she feels no political risk to act. It's now weeks from Christmas and we are asking all of our supporters to reach out to her now.
Temujin and Paula are currently contacting other attorneys to pursue additional avenues of justice. More to come once those suits are drafted and filed.
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