Eddie Collins

Convicted Of First Degree Felony Murder

Eddie Collins has been a client of the Arizona Justice Project for more than 10 years. In 1973, Eddie was convicted of first degree felony murder and was sentenced to life in prison. Under the “Old Code” which was in place at the time, Eddie was not eligible for parole and was dependent solely on the clemency process to obtain relief. Eddie had obtained two unanimous recommendations for clemency, one in 2003 and one in 2006 – both denied by then Governor Napolitano. Eddie’s brother, the actual shooter, took a plea deal and served only 10 years. Eddie has now served nearly 43 years in prison for this offense.

Eligible For Parole

Based on an agreement AJP reached with the Conviction Integrity Unit at the Pima County Attorney’s Office this year, a Pima County Judge agreed to apply a 1973 amendment to the sentencing code to Eddie making him automatically eligible for parole. His first parole hearing was in March of 2016. AJP Staff Attorneys, Kindra Fleming and Katie Puzauskas and UofA Law Professor, Andy Silverman represented Eddie before the Board. The victim’s widow supported Eddie’s release as did Rick Unklesbay from the Pima County Conviction Integrity Unit, which recognized this case as a manifest injustice. In a unanimous decision, the five-member Board voted for parole.

AJP would like to thank the many people who have worked on Eddie’s case over the years. This includes UofA Professor Andy Silverman and the law school students, ASU professor Zig Popko and the ASU Post Conviction Clinic.

Eddie’s next parole hearing, which will hopefully allow him to go home to his supportive family, will happen on October 12, 2016.

In addition to Eddie, there are 17 remaining “Old Code Lifers” in the system. Hopefully someday they, too, obtain parole eligibility.

Click here for the News 12 story.

Glen Huggins

Glen Huggins Case

The Arizona Justice Project and the ASU Post-Conviction Clinic represented Glen Huggins in clemency proceedings. Given his terminal illness, Mr. Huggins met the imminent danger of death exception. His Phase II hearing was held on December 5, 2013. The Board unanimously recommended commutation of sentence and, on December 11, 2015, Governor Brewer granted the recommendation Mr. Huggins died at home six days later. He was home with his family when he passed away.

Michael Levy

Michael Levy Case

At the young age of 25, Michael Levy suffered a brain aneurysm and stroke while serving a five-year prison sentence for possession of methamphetamine for sale in Cochise County.

Due to his incarceration, Michael was not receiving the critical care he needed to recover from this life-threatening event. After hearing about Michael’s medical condition, we looked into whether Michael was eligible for clemency or any other type of early release. We planned to assist Michael and his family with that process. According to Michael’s sentence, however, he was not eligible for any type of early release.

Given Michael’s dire need for regular and effective medical care, we eventually negotiated with the Cochise County Attorney’s Office for Michael’s release from prison. After serving over four years of his sentence, Michael was released on January 16, 2015. Michael has since had multiple surgeries and still suffers from the after effects of the brain aneurysm, stroke, and other complications.

Had Michael remained incarcerated, he may not have survived his prison sentence.

John Watkins

Mis-Identification – Misconduct by Police – Exonerated by DNA

John Watkins was convicted for a sexual assault that occurred in Gilbert, Arizona on May 26, 2003. The victim in this case was a 48-year-old unmarried woman, who was forced off the sidewalk by an unknown person and into the bushes where she was sexually assaulted. The assailant fled as the victim’s friend came running to her aid yelling for help. Immediately after the assault, the victim went to the hospital where evidence was collected from her body. No semen or sperm was detected on the rape kit items and thus, in 2003, no DNA testing was conducted on this evidence.

Police Interrogation

Nine days after the 2003 assault occurred, John Watkins was brought to the Gilbert Police Department on an unrelated non-violent crime, where the police quickly shifted the focus of the interrogation to his involvement in the above sexual assault. The interrogators lied to Watkins, claiming his fingerprints were found at the crime scene, witnesses had already identified him, and told him that he had failed a voice stress test. After 4 ½ hours of interrogation, Watkins confessed to the rape crime.

After Watkins confessed, the police put his photo in a photo line-up showing 6 suspects. The police showed the line-up to the victim, who previously said she could not help in making a composite sketch of her assailant but could give only a general description: young, white male, white t-shirt and basketball shorts, medium build, blondish-brownish hair. Watkins was the only person pictured in a white t-shirt — the other 5 suspects wore black t-shirts. The victim chose the suspect in the white t-shirt.

Watkins Search For Justice

Watkins applied to the Arizona Justice Project for help with getting evidence from his case tested for DNA. He had asked the courts for testing twice before, but was denied each time. In 2010, under the DNA grant, the Arizona Attorney General’s Office signed onto the Arizona Justice Project’s Petition for DNA testing. The rape kit items were sent to the DPS crime lab where Y-STR testing was performed on internal and external vaginal swabs. Thanks to modern technology, namely the Y-STR testing method, DNA results were found from skin cells – invisible to the human eye – left on the rape victim by the assailant. The DNA testing on the victim’s rape kit confirmed that John Watkins was not the perpetrator that committed this crime. A partial male profile (Y-profile) was obtained, and John Watkins was conclusively excluded as the donor of the DNA.

On December 16, 2010, John Watkins was released after 7 ½ years of incarceration.

Unfortunately, at this time, the Maricopa County Attorney’s Office and the Gilbert Police Department have not re-opened an investigation on this crime to find the true assailant.

Louis Taylor

Longtime Arizona Justice Project client, Louis Taylor, was freed April 2, 2013 after spending 42 years in prison.

Louis Taylor has always maintained his innocence of the 1970 Pioneer Hotel fire that took 29 lives. Attorneys from the Arizona Justice Project spent years re-investigating this case, discovering evidence that was never disclosed to Taylor’s attorney and confirming the snitch testimony leading to Taylor’s conviction was false. A national Arson Review Committee, led by John Lentini, reviewed the evidence and 1972 expert conclusions used to convict Taylor and, after applying today’s standards of fire investigation, concluded there was no evidence to support the cause fire was arson. The Tucson Fire Department conducted its own review and concluded the cause of the fire was “undetermined.” In addition, the defense expert in Louis trial — long-troubled by Louis’ conviction — spent more than a decade reinvestigating the fire, and now believes that under today’s knowledge and investigative standards the cause of the Pioneer Hotel fire cannot be determined.

Based largely on these findings, the Arizona Justice Project team sought relief for Louis Taylor.

Granted release

On April 2, 2013, Taylor was granted his freedom after the Pima County Attorney’s Office offered him a deal to plead no contest in exchange for his immediate release from prison.

“For Louis, freedom has been a long time coming, for too long,” said Larry Hammond, founder of the Arizona Justice Project and attorney for Louis Taylor. “Louis has spent his entire adult life in prison for a crime that he didn’t commit. The fire at the Pioneer Hotel was a tragedy — and our hearts, and Louis’, go out to the victims and their families — but no credible expert today could conclude that the fire was arson, let alone that Louis was the arsonist.”

The Team Who Made This Possible

The Arizona Justice Project is extremely thankful to the dedicated volunteer attorneys Ed Novak, Noel Fidel, Mike Piccarreta, Stanley Feldman, Jefferson Keenan, and Arizona Justice Project faculty advisors Andy Silverman and Bob Bartels. A big thank you to our investigators, Ian Burnett and Randy Downer, from Inter-State investigations. We also thank the many volunteer law students who worked on Louis’ case over the years, predominantly from the James E. Rogers College of Law at the University of Arizona.

Betty Smithey

Absolute Discharge

The Arizona Justice Project and Middle Ground Prison Reform achieved amazing success when – after a unanimous recommendation by the Arizona Board of Executive Clemency – the Arizona Governor agreed to commute Betty Smithey’s sentence to 48 years. On August 13, 2012, Smithey was in front of the same Board on a request for parole and ultimate release from incarceration. The Board granted her absolute discharge and she walked free that afternoon.

Betty went to prison when John F. Kennedy was president (1963) for murder. She had major mental problems at the time stemming from her tumultuous upbringing in orphanages, foster homes – suffering physical, sexual, and emotional abuse. Had this evidence been produced at her trial, she would likely have received a 2nd degree murder conviction and been released years ago.

Betty’s Incarerated Life Transformation

In her 5 decades of incarceration, Betty has transformed herself. In 1963, at age 20, she hated herself, tried to kill herself numerous times and escaped four times in the first 15 years of incarceration. In 1983, she received a letter from the victim’s mom forgiving her. The letter changed Betty’s life and – though it took years – this letter gave Betty the strength to forgive herself and transform into a caring, wonderful human being who wants nothing more than to help and care for others.

Professors Bob Bartels of ASU and Andy Silverman of UofA, as well as Arizona Justice Project Founder Larry Hammond, have dedicated years to this case and their work, along with Betty’s optimism, show the importance of perseverance.

Khalil Rushdan

Granted Relief on the Claim of Vindictive Prosecution

The Federal District Court overturned Khalil Rushdan’s conviction on evidence of vindictive prosecution. Khalil was convicted March of 1997 in Pima County for 1st degree felony murder. He was sentenced to life in prison with the possibility of parole after 25 years. Four years earlier, in November of 1993, Khalil had introduced a drug seller to a drug buyer and departed. Unbeknownst to Khalil, the buyer and his 2 friends decided to rob the seller by killing him and taking the drugs. Later, Khalil returned to the house and found the buyer/killer moving the seller’s lifeless body to the car. When the victim’s body was found, police turned to Khalil for help in the investigation. Khalil cooperated and led police to the buyer / killer. Meanwhile, Khalil and his family received death threats. Police and the prosecutor promised to protect Khalil, but did not. The killer went to trial on robbery and murder. Khalil had not been subpoenaed and therefore was not present to testify at the killer’s trial. The killer was acquitted. Prosecutor Ken Peasley, angry with losing the case, turned around and filed a first degree murder charge against Khalil.

Exercised His Constitutional Right To Not Testify

Ultimately, the District Court granted relief to Khalil on the claim of vindictive prosecution, finding (1) “it is clear Khalil was prosecuted for no other reason” than Khalil’s decision to exercise his constitutional right to not testify which resulted in the acquittal of the real killer; (2) prosecutor failed to advise Khalil of his constitutional rights – specifically his right to an attorney to advise him on any potential criminal charges related to the drug transaction; (3) prosecutor failed to grant Khalil immunity in exchange for his statements against the killer – which composed the state’s case; (4) police and prosecutor promised to protect Khalil’s family from death threats – but never gave any protection; (5) police promised Khalil would not go to jail; (6) police gave Khalil untimely and inadequate Miranda warnings. The court noted that vindictive prosecution cases always involve circumstances where the prosecution is acting within its power; but, it’s his / her motive for charging that is at issue. The court went on to say, “Here, by playing fast and loose with the truth and a man’s constitutional rights, Peasley [prosecutor] lost his star witness and Sandford [real killer] walked out a free man.

Marjorie Phillips

Abused by her husband

MARJORIE PHILLIPS was convicted of a double homicide. She was released after criminal defense attorney Bob Hirsh, Professor Andy Silverman, and a team of law students from the University of Arizona proved that Marjorie should not be imprisoned because she was abused by the victim and had NO MEMORY OF THE CRIME.

Convicted of double homicide

Marge Phillips is one of the dearest and sweetest women to be aided by The Arizona Justice Project. She had been convicted in Globe, Arizona of the double homicide of her abusive and infidelity-prone husband and his lover. She had no memory of the events that caused their death. After many years of incarceration, The Arizona Justice Project presented her case in a petition for post-conviction relief to the Superior Court in Gila County, Arizona. Before the case could be heard, however, prosecutors in the Gila County Attorney’s Office reviewed the petition and contacted The Arizona Justice Project to recommend that Ms. Phillips be immediately released based upon the time she had already served in prison.

The proceeding at which her release occurred is one of the most memorable days in the history of the Project. The volunteer criminal defense lawyer who filed the petition (Bob Hirsh) was asked to bring to court the law students who had worked on Marge’s case. The Judge wanted to make clear to them that their work had marked a meaningful moment in the history of the court system in that County. At least one of the students who worked on this case later gave a speech to the entering class that followed her at the University of Arizona in which she identified her work on this case as the most meaningful experience of her law school career.

Life After Release

Today, Marge Phillips lives in Globe, Arizona. Cares for her grandchildren, tends to her garden and offers help to others in need. Her friends in Globe took up a collection and made an unsolicited $1000 contribution to the work of The Arizona Justice Project.

Bill Macumber

JURY NEVER HEARD THE MULTIPLE CONFESSIONS OF A THIRD PARTY

Convicted of first-degree murder

In 1975, Bill Macumber was convicted of two counts of first-degree murder for the shooting deaths of Tim McKillop and Joyce Sterrenberg in 1959. He was sentenced to two concurrent terms of life imprisonment. The Arizona Supreme Court reversed the convictions on the ground that the trial court erroneously excluded a defense expert’s testimony that would have challenged the testimony by the State’s expert on ballistics evidence. Bill was retried in 1976-77. In the second trial, the State’s case rested primarily on the testimony of Bill’s wife, Carol Macumber, who claimed he had confessed to the murders. Bill was ultimately convicted and given consecutive life sentences. The Arizona Supreme Court affirmed the convictions but held that the life sentences could not be imposed consecutively.

In February 2012, a team of lawyers at Perkins Coie assisted the Arizona Justice Project and filed a Petition for Post-Conviction Relief, stressing evidence the jury had never heard: Ernest Valenzuela’s multiple confessions to committing this crime, corroborated by information given by witness Linda Primrose, which was also supported by physical evidence found at the crime scene that had gone unexplained for years. The petition illustrated how the expert testimony on forensic evidence was inaccurate and misleading, and pointed to changes in the law and new evidence supporting Bill’s claim of actual innocence.

As an alternative to litigation, the Maricopa County Attorney’s Office offered Bill a no contest plea agreement that would result in his immediate release. Bill who was 77 years old and in poor health opted for his freedom. After serving nearly 38 years, Bill was released November 7, 2012. A great deal of this success resulted from the extraordinary team at Perkins Coie, lead by attorneys Jordan Green and Lee Stein.

Bill’s Story

In May of 1962, the bodies of Tim McKillop and Joyce Sterrenberg were found in the open desert area in Scottsdale. Both victims had been shot in the head and were lying near Sterrenberg’s  Chevrolet Impala. Investigating officers from the Maricopa County Sheriff’s Office (MCSO) recovered.45 caliber shell casings, remnants of one .45 caliber soft-nosed slug, a handkerchief, and a thatch of human hair from the scene. They also found tire tracks and various footprints thought to belong to the killer. They also lifted several latent fingerprints from the Impala after it been towed downtown for processing.

Although the investigation was intensive, there were no suspects until September 1962. At that time, 17-year-old Linda Primrose told MCSO investigators that she had witnessed the murders. According to Primrose, the day before the murders, she had ridden with a female and several men (one she knew was named Ernie Salazar), to a desert area to look for a stash of drugs. When they encountered another car near the drug stash, Ernie argued with the occupants, a man and a woman, and eventually shot and killed both of them. Details of Primrose’s story matched those of the murders, including details about the hair found at the scene. Primrose led MCSO officers to the scene of the crime, and passed a lie detector test, and a psychiatrist who interviewed her said she was being truthful.

Another Man’s Confession

In 1964, an inmate in the Maricopa County jail, Ernie Valenzuela, told his cellmate that he had committed the murders. Valenzuela repeated his story to a psychiatrist in jail in August 1964 and to the sheriff’s office. Valenzuela was not charged or held in the murders, and was released after serving three years in prison on other charges. In 1967, Valenzuela committed and was charged with a murder on a federal reservation in Arizona. During an interview with his attorney, Thomas O’Toole, of the Federal Public Defender’s Office, Valenzuela volunteered that he had committed the murders and provided details. He subsequently repeated his confession to a defense psychiatrist (after being injected with sodium pentothal) and to his attorney in the 1967 murder for which we was convicted and sentenced to 15 years. Valenzuela was stabbed during a prison confrontation and died on November 8, 1973. None of his confessions about the McKillop/Sterrenberg murders had been publicly known at the time of his death.

In August 1974 (12 years after the murders), Carol Macumber, an 18-month employee of the MCSO, told her employer that three months earlier her husband Bill had confessed to killing McKillop and Sterrenberg. His alleged confession was made only to Carol and not repeated during any subsequent interview. Bill always maintained his innocence. Carol stated that in May of 1962, Bill had come home about 10:00 p.m. with blood on his shirt and told her he had been in a fight with some teenagers. MCSO officers interviewed Bill, who denied committing the murders. The police obtained a .45 caliber handgun and a set of fingerprints from Bill. The State’s experts concluded that a partial latent print lifted from Sterrenberg’s Impala matched Bill’s, and that ejector markings on the shell casings found at the scene matched ejector markings made by Bill’s .45 caliber handgun. On this evidence alone – a confession 12 years after the crime, a partial fingerprint, and ejector markings on a bullet casing – Bill was convicted of the first-degree murders of McKillop and Sterrenberg, and sentenced to serve two concurrent terms of life imprisonment.

The Arizona Justice Project began work on Bill’s case in 2000. The team reviewed case files and initial investigation information. Through the course of their investigation they determined that several key pieces of evidence along with numerous reports on the case were missing. The Arizona Justice Project also uncovered information that called both the ballistics and latent-print evidence into question.

Due to the diligent efforts of the attorneys at Perkins Coie and other Arizona Justice Project volunteers, Bill was released from prison on November 7, 2012, after serving nearly 38 years.

Check out the below links to see coverage of Bill’s release:

http://abcnews.go.com/US/man-imprisoned-1962-arizona-double-murders-pleads-contest/story?id=17667803   

http://archive.azcentral.com/video/1954556666001