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Entries in Prison (55)

Friday
Oct042013

Member of 'Angola 3' Dies Days After Release from Prison

iStock/Thinkstock(NEW ORLEANS) -- A Louisiana man freed from jail less than a week ago after 41 years in solitary confinement has died, according to his attorney and a close friend.

Herman Wallace, 71, died early Friday morning in New Orleans at the home of close friend and program director at Tulane's School of Medicine Ashley Wennerstrom.

"He was surrounded by a whole lot of friends and family in the last few days of his life," Wennerstrom told ABC News. "He was definitely aware that he was no longer incarcerated and he was happy to be free."

On Tuesday Wallace was taken from a correctional facility to a New Orleans hospital for treatment of advanced liver cancer. Wallace, who was serving time for an armed robbery conviction, was one of three inmates who were convicted in the 1974 slaying of a prison guard.

The men became known as the "Angola 3" and were moved to solitary confinement, where Wallace spent more than four decades until a federal judge overturned his conviction on Tuesday and ordered his immediate release.

Wennerstrom said that Wallace was "relatively alert" in the last few days and recognized all of the people who visited him.

U.S. District Chief Judge Brian Jackson in Baton Rouge ordered a new trial in the case because he said women were unconstitutionally excluded from the grand jury that indicted Wallace in the stabbing death of the guard, which "violated the Fourteenth Amendment's guarantee of 'the equal protection of the laws.'….thereby rendering his conviction and resulting sentence unconstitutional."

"Herman Wallace has been afforded some measure of justice after a lifetime of injustice," his attorneys said in a statement.

Copyright 2013 ABC News Radio

Sunday
Aug042013

Kidnapper Ariel Castro 'Calm and Cooperative' in Temporary Prison Home

ABC News(CLEVELAND) -- Kidnapper Ariel Castro has been "calm and cooperative" since being moved to his temporary prison home, where he will stay until Ohio officials determine where he will spend the rest of his life, a Department of Corrections spokeswoman said on Sunday.

Castro was moved to Lorain Correctional Institution at 6:25 p.m. on Friday where he'll be in solitary confinement, Department of Corrections Spokeswoman JoEllen Smith told ABC News.

Lorain is a "reception prison" where Castro will be evaluated before being moved to his still undetermined permanent prison, she said. He may be at Lorain for weeks.

Castro accepted a plea deal on July 27 that sends him to prison for life plus "not less than 1,000 years" with no chance of parole for abducting three women and keeping them as sex slaves for over a decade.

At his sentencing hearing this week, he shocked a Cleveland court by saying he is "not a monster," "lived a normal life" and that the sex he had with the three women he held captive for more than a decade was "consensual."

Castro's statement came after one of his victims, the petite Michelle Knight, confronted him for the "hell" she endured in his house for 11 years.

Castro showed no reaction to the remarks by Knight. Instead, he gave a rambling speech in which he depicted himself as a person who had "everything going" for himself but was plagued by an addiction to porn.

Castro, 53, also denied that he ever raped Knight or his two other victims, Amanda Berry and Gina DeJesus, during the years they were incarcerated in his house.

"Most of the sex that went on in the house, and probably all of it, was consensual," Castro said.

"These people are trying to paint me as a monster. I'm not a monster. I'm sick. My sexual problem, it's so bad on my mind," Castro said.

"God as my witness, I never beat these women like they're trying to say that I did. I never tortured them," he said.

He insisted "there was a lot of harmony" in his house among himself and his captives.

Castro had such an emotional attachment to the home that prosecutors said he broke down in tears when he had to sign over the property deed last week, saying it was wrong to tear it down because he had so many happy memories there.

When Castro finished, Judge Michael Russo thanked Knight for her "remarkable restraint" during the statement.

"You're welcome," she replied, prompting light laughter.

Castro's statement came after Knight bravely delivered a victim's impact statement telling the man who tormented her for more than a decade that "I will live on, but you will die a little every day."

Knight scoffed at Castro for "going to church every Sunday and coming home to torture us."

Berry and DeJesus did not appear in court but had statements read in court for them.

As one woman finished her statement she turned to Castro and said in Spanish, "May God have mercy on your soul."

Castro, manacled at the hands and feet, stared emotionless ahead during the statements.

During the hearing, detectives told how he captured the three women and subjected them to a decade of torture, which one woman wrote in a diary was like being held as a "prisoner of war."

Prosecutors used a detailed scale model of his house and slides to take the court through his house of horrors, including hidden rooms, chains, motorcycle helmets for his victims and a gun he would use to threaten them.

Knight, 32, the first of the three women to be kidnapped, was in a store asking for directions when she was approached by Castro who offered to give her a ride, said Detective Andy Harasimchuk.

Knight told detectives she accepted the ride because she knew Castro's daughter. Castro then drove her to his house and invited her to come inside to pick out a puppy for her son, at which point Harasimchuk said Knight was restrained with an extension cord, dragged to the basement where she was restrained with chains, had a motorcycle helmet jammed on her head and raped for the first of many times.

Eight months later, on April 21, 2003, Castro targeted Amanda Berry by offering her a ride home from her job at Burger King. Berry knew Castro's son and daughter, and Castro took her to his house so she could talk to his daughter, Harasimchuk said.

She was quickly bound with duct tape, put in a motorcycle helmet and chained to a pole in the basement.

Castro's third victim, Gina DeJesus, now 23, was friends with his daughter. On one occasion in 2004, she got into Castro's car and he asked her to come in the house to help him carry a speaker to his car, Harasimchuk said. She became uncomfortable and tried to flee in the dark house, she inadvertently ran into a closet and was captured, the detective said.

The home was wired with alarm clocks "in a makeshift manner" to create an alarm system to the house, Harasimchuk said.

The women were kept in two rooms behind a door that could be secured from the outside with a lock, with a circular hole cut towards the bottom of the door that was a source of ventilation, the agent said. The windows were boarded up with very heavy closet doors, he said.

Berry shared one room with her now 6-year-old daughter, who Castro fathered while in captivity. DeJesus and Knight shared an attached, smaller room where a chain was also kept to restrain the women.

According to a sentencing memorandum released Wednesday, the women were restrained by chains attached to their ankles with access only to plastic toilets in the bedrooms that were rarely emptied. Castro fed the women one meal a day and used the "cold of the basement" and the "heat of the attic" as punishment techniques, according to the memo.

The women kept diaries during their incarceration.

"The entries speak of forced sexual conduct, of being locked in a dark room, of anticipating the next session of abuse, of the dreams of someday escaping and being reunited with family, of being chained to a wall, of being held like a prisoner of war," the memorandum says.

Castro pleaded guilty to 937 counts, including kidnapping, rape, assault and aggravated murder that will send him to prison for life for abducting the three women and keeping them as sex slaves for more than a decade in his Cleveland home.

The prosecution released the memo in an attempt to persuade the judge to give Castro the sentence that the former bus driver has agreed to accept.

The plea deal spared Castro the death penalty because he was accused of the aggravated murder of a fetus after forcibly causing an abortion in one of his victims who he is accused of impregnating. The deal will also spare the three women from having to testify at a trial.

Castro allegedly told the women that he had previous victims and that "some of them made it home, but others had not." The former bus driver once kept the three women locked in a vehicle for three days while he had a visitor at his home.

The victims were discovered in Castro's home in May.

The documents also addressed Berry's 6-year-old daughter, saying her time in captivity started the day she was born Dec. 25, 2006.

Cleveland police Wednesday also posted a picture on Facebook of a handwritten note by Knight, thanking the authorities for collecting gift and cards from well-wishers.

"Life is tough, but I'm tougher! Just when the caterpillar thought the world was over, she became a butterfly," Knight wrote.

Copyright 2013 ABC News Radio

Sunday
Apr212013

Judge Defies Victim's Family by Sending DUI Driver to Prison

iStockPhoto/Thinkstock(FRESNO, Calif.) -- The judge who sentenced a Fresno, Calif., man to jail for his role in a deadly drunk driving accident, defied the wishes of the victim’s family who had asked that the driver not receive jail time.

Judge Alan Simpson sentenced 25-year-old Brian Cappelluti to a year in jail after Cappelluti pleaded guilty to gross vehicular manslaughter and DUI charges on Thursday.

In 2011, Cappelluti was arrested after driving drunk with a blood alcohol level of .21 and crashing into a traffic light. The accident took the life of passenger 23-year-old J.W. Pardini, a close friend of Cappelluti’s.

Before Cappelluti’s sentencing, the Pardini family wrote a letter to the judge asking that Cappelluti not be given jail time.

“JW is gone forever. Brian has to live with the thought of this accident every day for the rest of his life,” the family wrote in a statement. “We suggest that probation for Brian is the proper corrective action.”

Another passenger in the car, Marion Walker, was severely injured during the crash. But she also spoke out for Cappelluti and asked the judge for leniency in his sentencing.

“All of us will pay for this accident for the rest of our lives,” Walker said. “We all understood what could happen and it did. I ask you not to take away my surviving support.”

While Simpson’s sentence of one year in jail is more than the defense wanted, it is far less than the five years in prison the prosecutors had asked for.

“I think the outcome was fair and just and everybody can feel that justice was done,” defense attorney Rick Berman told ABC News affiliate KFSN-TV in Fresno after the sentencing.

An earlier plea bargain fell apart in February after Cappelluti refused a deal that could have resulted in his spending six years in prison. During that hearing, Judge Houry Sanderson chided Cappelluti for relying on the kindness of Pardini’s family.

“If he was not related at all to these victims at all, total strangers, I am very sure that the position of these families would have been very different,” Sanderson said.

Cappelluti could be released from jail after eight months.

Copyright 2013 ABC News Radio

Sunday
Feb032013

Washington Man Sentenced to 2 Years in Prison For Killing Terminally Ill Wife

Photodisc/Digital Vision/Thinkstock(SEATTLE, Wash.) -- A Washington man was sentenced to two years in prison for shooting his terminally ill wife in what his family said was a mercy killing.

Donald McNeely, 55, pleaded guilty to second-degree murder on Thursday. His adult children asked a judge for mercy and insisted their father killed their mother, who had an inoperable brain tumor, out of compassion.

"I think that was his only option," said Nikki Bryant, McNeely's daughter.

"He loved my mother," she told ABC News affiliate KOMO-TV in Seattle. "He still loves her very, very much."

On March 14, 2012, McNeely sat with his wife, Linda, who had just returned from hospice care. He watched her for two hours as she slept before he delivered one shot to her ailing body.

McNeely called 911 around 3 p.m. that day and told the operator he "could not stand it anymore," according to the police report.

He then called his two adult children, who rushed to the scene as he surrendered to police.

The body of 52-year-old Linda McNeely was found draped with a blanket in the home, with a pistol lying nearby, according to the report.

McNeely told police his wife had asked him several times over the course of her illness to shoot her.

Washington is one of two states that has a "Death With Dignity" Act. The law allows terminally ill adults who are of sound mind and have been given six months or less to live the right to obtain prescription drugs that will speed up their deaths. Oregon is the only other state with a similar law.

The McNeelys had considered the option, but Linda McNeely was not a candidate because of her cognitive deterioration, the Everett Herald reported.

Donald McNeely had faced a maximum of 18 years in prison.

Copyright 2013 ABC News Radio

Friday
Jan042013

Chicago Prison Escape: Second of Two Bank Robbers Arrested

Kevin Horan/Stone(CHICAGO) -- A convicted bank robber who escaped jail before Christmas is back in custody.  

Kenneth Conley, 38, one of two inmates who escaped from the Metropolitan Correctional Center in downtown Chicago on Dec. 18, was taken into custody at an apartment complex in the suburb of Palos Hills Friday evening.  The other man, Joseph "Jose" Banks, 37, was captured just two days after the escape.  

Banks and Conley were last seen Dec. 17 at 10 p.m. during a prison head count at the correctional center in downtown Chicago's Loop district.  The two borrowed a move from the film Escape From Alcatraz by stuffing their beds with clothes in the shape of bodies.

The men then broke the window of their cell at the federal prison, shimmying out a hole only inches wide, and scaled 17 stories down the side of the building, all the while holding onto a rope of sheets and towels taken from the prison.  The rope was strong enough to support the two, one weighing 165 pounds the other 185 pounds.

At 7 a.m. the next morning, as employees arrived at work, they noticed the sheets left dangling from the building and discovered that Conley and Banks were missing.

Investigators said surveillance cameras captured Banks and Conley getting into a taxi minutes after their brazen escape.  They entered the taxi at the intersection of Michigan Avenue and Congress Street, just blocks away from the jail.

The men then showed up at the home of Sandy Conley, Kenneth Conley's mother, in the Chicago suburb of Tinley Park, Ill., on Tuesday morning, only five hours after they escaped.

"He was in the house for two minutes," Sandy Conley told ABC News on Thursday.  "I can't tell you if he was armed.  I made him get out."

It is unclear what connection, if any, Conley might have to the Palos Hills apartment complex where he was apprehended.

Copyright 2013 ABC News Radio

Saturday
Dec222012

Ex-Marine Jon Hammar Freed From Mexico Prison

WPLG/ABC News(NEW YORK) -- A former U.S. Marine has been released from a Mexico jail after being locked up for five months on gun charges.

Officials from the U.S. Consulate General in Matamoros, Mexico met Jon Hammar at the prison Friday and escorted him to the U.S. border, where he was reunited with his family in time for the holidays, said Patrick Ventrell, acting deputy spokesperson for the U.S. State Department.

The nightmare unfolded in August, when Hammar and fellow veteran Ian McDonough departed for what was supposed to be a few months of surfing and camping in a Winnebago in Costa Rica.

The two had recently finished a treatment program for post-traumatic stress disorder, which Hammar suffered after fighting in Fallujah, Afghanistan, according to his mother, Olivia Hammar.

"The treatment's very exhausting, it's a tough program, and he was there almost nine months," said Olivia Hammar. "(They) decided they were going to buy an R.V., fix it up, drive down to Costa Rica through Mexico, and we were very nervous about it. We tried to discourage it, to tell him to take a plane, but they said, 'We're taking nine surfboards and need a place to stay.'"

Hammar and McDonough arrived on the border between Mexico and Texas on Aug. 15. Hammar, however, had packed his great grandfather's shotgun, a .410 Sears and Roebuck model nearly 100 years old. Hammar had hoped to hunt small birds with it while living in Costa Rica, Olivia said. The pair wanted to register the gun with Mexican authorities at the crossing point.

"There were signs that said you can't take a firearm, and so Ian said scrap it, don't take it, but Johnny said, 'Let's talk to the customs agent,'" according to Olivia. "They said, 'Technically you can (bring it across) but you'll need to register it,' and had (Johnny) fill out paperwork to present to Mexican officials."

The gun was meant for hunting, but border officials arrested the pair on federal charges of having a weapon that is reserved for military use. McDonough was released when Hammar claimed the gun was his.

Olivia and Jon Hammar, Sr., hired local lawyers to defend their son in Matamoros, Mexico, where Hammar was taken to state prison. The U.S. State Department was notified by Mexican authorities the following day, according to a department official who spoke on background.

"Almost immediately we began receiving extortion calls from cartel members in prison with him," Olivia said. The State Department and Hammar's lawyer, Eddie Varon Levy, would not comment on the claim about cartel members.

"They're saying, 'You need to wire us money or we're going to kill your son, we've already f---ed him up,' and initially I thought it was a scam, but then they put him on the phone and he was breathless and I knew they had," Olivia said. "He said, 'You need to do whatever they say. I'm so sorry. I'll pay you back.'" Hammar had been a lifelong surfer and sailor who loved being outdoors. He enlisted in the Marines at age 18, in 2003, to challenge himself. When he returned from his second tour of duty in Afghanistan in 2007, after his unit lost 16 soldiers, he was "a different man," she said.

Hammar's release was celebrated by U.S. Rep. Ileana Ros-Lehtinen, who was one of his most vocial supporters.

"I am overcome with joy knowing that Jon will be spending Christmas with his parents, family and friends," she said.

Copyright 2012 ABC News Radio

Friday
Dec212012

Chicago Prison Escape: One of Two Bank Robbers Arrested

Kevin Horan/Stone(CHICAGO) -- One of the two Chicago bank robbers who escaped from a high-rise federal jail in Chicago this week using a makeshift rope to rappel down the building has been arrested.

Joseph "Jose" Banks, 37, was arrested late Thursday around 11:30 p.m. local time without incident in Chicago, according to an FBI news release.

Agents and officers from the Chicago FBI's Violent Crimes Task Force, along with officers from the Chicago Police Department, made the arrest.  Banks was unarmed.

Authorities are still looking for Kenneth Conley, who escaped the Metropolitan Correctional Center with Banks sometime early Tuesday morning.

Banks and Conley, 38, were last seen Monday at 10 p.m. during a prison head count at the Metropolitan Correctional Center in downtown Chicago's Loop district.  The two borrowed a move from the film Escape From Alcatraz by stuffing their beds with clothes in the shape of bodies.

The men then broke the window of their cell at the federal prison, shimmying out a hole only inches wide, and scaled 17 stories down the side of the building, all the while holding onto a rope of sheets and towels taken from the prison.  The rope was strong enough to support the two, one weighing 165 pounds the other 185 pounds.

At 7 a.m. the next morning, as employees arrived at work, they noticed the sheets left dangling from the building and discovered that Conley and Banks were missing.

Investigators said surveillance cameras captured Banks and Conley getting into a taxi minutes after their brazen escape.  They entered the taxi at the intersection of Michigan Avenue and Congress Street, just blocks away from the jail.

The men then showed up at the home of Sandy Conley, Kenneth Conley's mother, in the Chicago suburb of Tinley Park, Ill., on Tuesday morning, only five hours after they escaped.

"He was in the house for two minutes," Sandy Conley told ABC News on Thursday.  "I can't tell you if he was armed.  I made him get out."

Banks, nicknamed "the second-hand bandit" because of the used clothing disguises he wore in several robberies, was convicted of armed robbery last week.  His parting words to his judge, Rebecca Pallmeyer, were, "I'll be seeking retribution as well as damages ... you'll hear from me."

Conley had been in jail for several years.

Pallmeyer and others who presided over the men's cases have reportedly been offered protection.  The FBI and U.S. Marshals were offering a combined reward of $60,000 to find the inmates and bring them back into custody.

Copyright 2012 ABC News Radio

Thursday
Dec202012

Chicago Prison Escape: Footage Garners New Leads in Manhunt

iStockphoto/Thinkstock(CHICAGO) -- The manhunt for two bank robbers who escaped from a downtown Chicago prison this week intensified overnight, with police chasing multiple leads as new footage shows the men getting into a taxi minutes after their brazen escape.

Investigators say surveillance cameras captured Joseph "Jose" Banks, 37, and Kenneth Conley, 38, getting into a taxi minutes after their early Tuesday escape.  They entered the taxi at the intersection of Michigan Avenue and Congress Street, just blocks away from the jail.

The men then showed up five hours later at the home of Sandy Conley, Kenneth Conley's mother, in the Chicago suburb of Tinley Park, Ill.

"He was in the house for two minutes," Sandy Conley said.  "I can't tell you if he was armed.  I made him get out."

Thomas Trautmann of the Chicago FBI said the clock is ticking on finding the men, whom the FBI consider "armed and dangerous."

"[As] each hour goes by, our chances get longer and longer," he said.  "However, we do have several viable leads that we are running down."

Trautmann did not specify the information.

Banks and Conley were last seen Monday at 10 p.m. during a prison head count at the Metropolitan Correctional Center in downtown Chicago's Loop district.  The two borrowed a move from the film Escape From Alcatraz by stuffing their beds with clothes in the shape of bodies.

They men then broke the window of their cell at the federal prison, shimmying out a hole only inches wide, and scaled down the side of the building 17 stories, all the while holding onto a rope of sheets and towels taken from the prison.  The rope was strong enough to support the two, one weighing 165 pounds, the other 185 pounds.

At 7 a.m. the next morning, as employees arrived at work, they noticed the sheets left dangling from the building and discovered that Conley and Banks were missing.

While the men have had plenty of time to leave the area, there's no indication that they have, ABC 7 TV's public-safety expert Jody Weis said.

"There's a likelihood that they're going to stay here," Weis, a former Chicago police superintendent, said.  "They'll have people they can trust.  They can have people they can work with.  There are going to be people that might be able to hide them out."

Banks, nicknamed "the second-hand bandit" because of the used clothing disguises he wore in several robberies, was convicted of armed robbery last week.  His parting words to his judge, Rebecca Pallmeyer, were, "I'll be seeking retribution as well as damages ... you'll hear from me."

Conley had been in jail for several years.

Pallmeyer and others who presided over the men's cases have reportedly been offered protection.

"If they're willing to go down a sheet 17 floors, they're willing to take a chance," Weis said.  "And I think you can draw your own conclusion as to what that might mean."

The FBI and U.S. Marshals are offering a combined reward of $60,000 to find the inmates and bring them back into custody.

Copyright 2012 ABC News Radio

Tuesday
Nov272012

Jessica Ridgeway Murder Suspect Eats Alone, Plays Sudoku

Westminster Police Dept(GOLDEN, Colo.) -- The teenage suspect accused of murdering and dismembering 10-year-old Jessica Ridgeway was called “intelligent and mature” by his jail supervisors and deemed fit to be held at an adult jail facility in Colorado.

Austin Sigg, 17, is accused of killing Ridgeway while she was on her way to school on Oct. 5.  The fifth-grader’s body was found dismembered in a park days later.

Sigg is also accused of attempted abduction of a female jogger in a May 2012 incident in a park in Arapahoe County, Colo., where he lives. He has been held in isolation at a juvenile facility since his arrest in October.

On Tuesday, his jail supervisor, a security guard, and the supervisor of the Jefferson County adult jail all testified that because Sigg has demonstrated he is intelligent and mature, and has had no problems at the the juvenile facility, he could be safely transferred to the adult prison.

The witnesses testified that Sigg eats his meals alone and spends his time playing Sudoku.

Sigg’s attorney, a public defender, argued that because of Sigg’s small stature and the fact that other inmates could “potentially scream and yell at the child, Austin Sigg” should be kept in the juvenile facility. Judge Stephen Munsinger ruled that Sigg, who turns 18 in January, should be transferred.

Sigg, who appeared in court in a bright green jail jumpsuit, will be tried as an adult. The defense waived its right to fight for him to be tried as a juvenile in the first week after his arrest.

Nine members of Ridgeway’s family showed up for the hearing, many of them wearing the color purple,  Ridgeway’s favorite color, which they have worn at each of the hearings since Sigg’s arrest.

They showed little emotion during the two-hour hearing, but were upbeat and even making jokes with their victims’ advocate and among themselves.  At one point, they exchanged notes and chuckled.

Five members of Sigg’s family were also in the courtroom, including his mother. Neither Sigg nor his family showed any emotion during the hearing.

A trial date has not yet been set.

Copyright 2012 ABC News Radio

Wednesday
Nov072012

Man Imprisoned for 1962 Arizona Double Murders Pleads No Contest

Hemera/Thinkstock(PHOENIX) -- A man who spent almost four decades in prison for killing two people in the Arizona desert Wednesday pleaded no contest to two counts of second-degree murder and will go free.

Bill Macumber entered a plea in Maricopa County Superior Court under an agreement with prosecutors and received a sentence of time served. Although the victims' family asked Judge Bruce Cohen to deny his request, prosecutors said they couldn't pursue a third trial because key evidence has been destroyed or lost.

The 77-year-old Macumber, who had no history of violence, was convicted in the 1970s in one of the most sensational murder cases in the history of Arizona. Macumber was twice sentenced to life in prison for killing Joyce Sterrenberg and Tim McKillop, both 20 years old, and leaving their bodies in the desert.

On May 24, 1962, the young couple was found shot and killed next to their car in an area now near Scottsdale. The case went cold for 12 years until Macumber's wife, Carol Kempfert, went into the Maricopa County Sheriff's Office Department where she worked and told her supervisors that her husband had confessed to the murders. Macumber was arrested a week later.

In 1975, Kempfert testified against her now-ex-husband, again saying that he confessed. During the trial, three pieces of evidence allegedly had been collected by investigators at the scene and were also presented: Macumber's .45 automatic pistol, a lifted palm print and bullet casings, according to the Maricopa County Attorney's Office. At the time, prosecutors argued that the physical evidence linked Macumber to the murder scene.

Macumber was convicted of two counts of first-degree murder and was sentenced to two concurrent life terms that year. After successfully appealing his convictions, Macumber was retried in 1977 and again found guilty and sentenced to two life terms.

In total, Macumber served 37 years in prison.

In 2009, Macumber and his attorneys petitioned the Arizona Board of Executive Clemency, which in a rare move unanimously recommended his sentence be commuted, saying, "An injustice has been done in Mr. Macumber's case" and that his wife had "motive, means and opportunity to falsely pin the murders on Mr. Macumber."

Arizona Gov. Jan Brewer denied the recommendation for clemency.

In 2011, Macumber petitioned the court for post-conviction relief and was granted an evidentiary hearing. But without the necessary evidence, prosecutors said they were unable to retry the case. After the judge's ruling Wednesday, Macumber will be released.

Copyright 2012 ABC News Radio







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