SAVE WILLIAM "BILLY" KUENZEL IN ALABAMA
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NEWS
February 21, 2022
William 'Billy' Kuenzel on death row in Alabama
dies of cancer before he gets new trial to prove his innocence
His death ends decades of a long struggle to prove his innocence and clear his name from a wrongful conviction.
Read more
“William Kuenzel, Who Claimed Innocence From Death Row, Dies at 60”
The New York Times, Feb. 23, 2022
“Alabama Death Row Inmate Who Sought New Trial Dies of Cancer”
The Associated Press, Feb. 21, 2022
“William Kuenzel, sentenced to Alabama Death Row in 1988, dead of cancer”
AL.com, Feb. 21, 2022
Who is William Kuenzel?
Bill Kuenzel was born in 1962 in a small town in Coosa County, Alabama. He never knew his biological father. His stepfather, Glenn Kuenzel, was a strong influence on Billy, serving in the military -- when he deployed to Vietnam, Bill’s family moved from one military base to another across several states.
With the family struggling financially, Bill dropped out of school by the time he reached eighth grade and took a job as an auto mechanic, contributing money to help the family cover expenses. He raised his siblings through his teenage years, all while working in a cotton mill and in construction to keep the family afloat. He married young and is the proud father to a son, also named William – the center of his world – The marriage ended but they remained good friends and co-parents to their son. He has no prior criminal conviction, a minor theft charge aside.
Today, He draws strength from his British wife, Jane. Inspired by her, Bill has earned his GED (or high school equivalency diploma) and recommitted himself to God, becoming one of the prison’s lay faith leaders. He no longer has his parents, deceased.
He says:
If I dwell much on the past I could find my self on the edge of depression. I know that I have to focus on what might be best if I can. The hardest part has been that I missed out on my son's life. I am proud he has become a wonderful man and a devoted father, but still, all through his life I was not there to be a dad, a father, a friend.(...) In almost 27 years of this fight, as I said, what I missed out on can never be restored. However, I have been blessed to have met some wonderful people. There are far too many to mention but many many of you have gone above and beyond what most would do. I can never thank you enough. So now, as time winds down, and my options become fewer. I am going to make it my goal to tell all of you that I do love you and am thankful. I ask that you say a prayer for the legal team and send each other a note of support. We are one united. Again thank all of you. Read more
Bill Kuenzel was born in 1962 in a small town in Coosa County, Alabama. He never knew his biological father. His stepfather, Glenn Kuenzel, was a strong influence on Billy, serving in the military -- when he deployed to Vietnam, Bill’s family moved from one military base to another across several states.
With the family struggling financially, Bill dropped out of school by the time he reached eighth grade and took a job as an auto mechanic, contributing money to help the family cover expenses. He raised his siblings through his teenage years, all while working in a cotton mill and in construction to keep the family afloat. He married young and is the proud father to a son, also named William – the center of his world – The marriage ended but they remained good friends and co-parents to their son. He has no prior criminal conviction, a minor theft charge aside.
Today, He draws strength from his British wife, Jane. Inspired by her, Bill has earned his GED (or high school equivalency diploma) and recommitted himself to God, becoming one of the prison’s lay faith leaders. He no longer has his parents, deceased.
He says:
If I dwell much on the past I could find my self on the edge of depression. I know that I have to focus on what might be best if I can. The hardest part has been that I missed out on my son's life. I am proud he has become a wonderful man and a devoted father, but still, all through his life I was not there to be a dad, a father, a friend.(...) In almost 27 years of this fight, as I said, what I missed out on can never be restored. However, I have been blessed to have met some wonderful people. There are far too many to mention but many many of you have gone above and beyond what most would do. I can never thank you enough. So now, as time winds down, and my options become fewer. I am going to make it my goal to tell all of you that I do love you and am thankful. I ask that you say a prayer for the legal team and send each other a note of support. We are one united. Again thank all of you. Read more
Case summary
William Kuenzel has been sentenced to death for the November 9th, 1987 murder of a convenience store clerk in Sylacauga, who was killed by a single blast from a .16 gauge shotgun during an apparent robbery attempt, some time between 11.05 and 11.20pm. He maintains his complete innocence.
Strong Alibi
At trial, his step father confirmed that William Kuenzel was sleeping at the time of the crime. No physical evidence at all links William Kuenzel to the scene of the crime, nor any motive for committing an armed robbery: His bank statement showed he had over $2000 dollars in the bank. At his home he had $300 in cash and two work cheques which had not yet been paid into the bank.
Generous plea deal by the prosecution refused twice by William Kuenzel, but accepted by his co-defendant
The prosecutor presented Kuenzel with a choice: he could enter a guilty plea and testify against [room mate] Harvey V. in exchange for an eight to ten year sentence, or he could go to trial on capital murder charges, in which case the State would seek the death penalty. Proclaiming his innocence, Kuenzel rejected the plea deal. On the eve of trial, the prosecution once again offered Kuenzel this arrangement and, as before, he refused. He says:
When I was offered a plea deal of a shorter prison sentence,
I could not take it because I was not guilty.
I had it in my mind and my heart that I would be proven innocent. To this day, I do still believe it, and to answer the question I am asked very often. If I had to do it over, would I take the deal? My answer is NO.
The prosecution’s case then rested upon the room mate and coworker of William Kuenzel at the time: Harvey Venn, who first denied, and then later admitted, participating in the crime, implicating Kuenzel as his companion and the triggerman (Kochman Aff., Exh. G.). The prosecution allowed him to testify against Kuenzel in return for the same deal Kuenzel repeatedly rejected. Harvey Venn was released in 1998 and is back on the streets.
Much evidence points towards as H.V. as the real culprit: One central evidence is the fact that the police recovered the pants Harvey Venn wore on the night of the murder and they were stained with Ms. Offord’s [victim] blood. 25.
When the police asked him about the stains, he first claimed it was “red paint” or “lead” from the textile factory; at trial, he changed his story to testify—again falsely—that it was “squirrel blood.” (T.165-66, 542-43.) It is an undisputed fact of record that the stains on his pants are the victim's blood spatter. Although Harvey Venn denied entering the store, there was no blood found anywhere outside the store, except on his pants. (T.369-75.)
Much evidence points towards as H.V. as the real culprit: One central evidence is the fact that the police recovered the pants Harvey Venn wore on the night of the murder and they were stained with Ms. Offord’s [victim] blood. 25.
When the police asked him about the stains, he first claimed it was “red paint” or “lead” from the textile factory; at trial, he changed his story to testify—again falsely—that it was “squirrel blood.” (T.165-66, 542-43.) It is an undisputed fact of record that the stains on his pants are the victim's blood spatter. Although Harvey Venn denied entering the store, there was no blood found anywhere outside the store, except on his pants. (T.369-75.)
The loss of the evidence results in a factual disadvantage
for the defense of William Kuenzel in many ways.
For example, it is possible that the pants could be tested to be connected to a specific gun. It is possible that a test of the pants now could provide something new or different that might help identify the true killer.
Even the Alabama Attorney General's Office admits:
"I am not aware of that. Certainly, while our cases are ongoing, you would hope that the court exhibits would be retained" (see video below @6.20 mns)
Many other pieces of evidence exist in support of William Kuenzel's innocence -- Much of it, unfortunately was withheld by the prosecution at trial (or procedurally time-barred from the courts later on at the appeal stage).
What the prosecutor at trial said to the jury in his summation
And I'll tell you this. If the State of Alabama presented testimony
that fit like a glove, then there is something wrong.
(...) inconsistencies are a jewel, because if there is not some inconsistencies, there is something wrong.(...).
[H.V.] was drunk and he was doped up. But he remembers about that killing when they were riding down that road. (...)
Now, the one thing that we can't answer (...) and I know it's important because I actually heard somebody in the jury say "Hum'p" a few minutes ago. The blood on the pants. I submit it could be one of twenty people. But like M. Adcock I believe it to be the blood of [victim] Linda Offord. I sure do. But I can't tell you how that blood got on there.
Read more
What former District Attorneys say
In an amicus curiae brief, three (3) former district attorneys "who collectively possess over 100 years of experience prosecuting criminal matters" and have "a continuing interest in maintaining and preserving the integrity of prosecutor's office in our criminal justice system" say:
Kuenzel’s new evidence decimates the prosecution’s case, making it clear that any reasonable juror likely would have had reasonable doubt about Petitioner’s guilt Read here Amicus Brief (filed in March 2013, on Petition For A Writ of Certiorari to the US Court of Appeals for the 11th Circuit)
In an amicus curiae brief, three (3) former district attorneys "who collectively possess over 100 years of experience prosecuting criminal matters" and have "a continuing interest in maintaining and preserving the integrity of prosecutor's office in our criminal justice system" say:
Kuenzel’s new evidence decimates the prosecution’s case, making it clear that any reasonable juror likely would have had reasonable doubt about Petitioner’s guilt Read here Amicus Brief (filed in March 2013, on Petition For A Writ of Certiorari to the US Court of Appeals for the 11th Circuit)
What former United States Attorney Robert M. Morgenthau, appointed by President John F. Kennedy, says:
During his 35-year tenure as the DA for New York County, he oversaw approximately 3,500,000 criminal prosecutions, including thousands of murder cases, and has been incredibly successful. He says in an affidavit:
During his 35-year tenure as the DA for New York County, he oversaw approximately 3,500,000 criminal prosecutions, including thousands of murder cases, and has been incredibly successful. He says in an affidavit:
Based on my review of the record in this case,
I am convinced to a reasonable degree of prosecutorial certainty that there is little to no doubt that M. Kuenzel is factually innocent of having any involvement in the murder of Linda Offord(...)
There is no physical evidence linking M. Kuenzel to the crime, and the physical evidence points directly to Venn's involvement. Among other things, the blood of [victim] Ms. Offord was splattered on the pants worn by Venn that night. Venn was clearly worried about the implications of this fact because he denied that the stains were human blood on two occasions, including at trial.(...) The newly discovered physical evidence also reveals that contrary to Venn's testimony at trial, Venn possessed a .16 gauge shotgun on the night of the murder, the same gauge's weapon as was used to commit the murder. I am informed that both the foregoing pieces of evidence have gone missing from the County evidence locker. Read the 10 pages affidavit from M. Robert Morgenthau
What actor Sam Waterson says
S. Waterson has been featured in over 80 films and TV programs, including "The Killing Fields"; he was also a regular character in "Law and Order".
What William Kuenzel's attorney at trial says:
Under Alabama law, I was entitled to only $20.00 per hour for my out-of-court work on each case, with a ceiling of $1000.00 for each case. I therefore had to limit my out-of-court time (...) Otherwise I could not have survived as a sole practitioner. (...)
Records show that M. Kuenzel's attorney was only able to do a total of 50.90 hours of out-of-court-time before trial. He has not been unfortunately in a position to prepare adequately for the penalty or the sentencing phases of the trial. In particular, he was not in a position to investigate key witnesses (including the testimony of Harvey Venn's girl friend at the time). Read affidavit here.
Under Alabama law, I was entitled to only $20.00 per hour for my out-of-court work on each case, with a ceiling of $1000.00 for each case. I therefore had to limit my out-of-court time (...) Otherwise I could not have survived as a sole practitioner. (...)
Records show that M. Kuenzel's attorney was only able to do a total of 50.90 hours of out-of-court-time before trial. He has not been unfortunately in a position to prepare adequately for the penalty or the sentencing phases of the trial. In particular, he was not in a position to investigate key witnesses (including the testimony of Harvey Venn's girl friend at the time). Read affidavit here.
What his supporters say
Catherine Farmer, writer
"Justice for Billy Kuenzel" is a support group started by Catherine Farmer, a friend of Billy's from the UK. Earlier this year, we set up the website www.justiceforbillykuenzel.com to present the facts of the case and to relay news and messages from Billy and his supporters. The main focus of the group is to prove Billy's innocence and secure a new trial.
When you sit down and read all the facts and information about Billy's case, you are left with NO doubt in your mind whatsoever that Billy is innocent. During the trial, he was represented by an inexperienced state appointed lawyer who was grossly unprepared, spending a mere 4 1/2 hours with Bill prior to the trial, and just 3 hours investigating the case. The prosecution assured Billy's lawyer that they had turned over all potentially exculpatory evidence to the defence. This was not true. In 2010, it was finally revealed that the prosecution had withheld evidence, including police notes and several independent witness statements all of which backed up Billy's protestation of innocence. If presented to the jury at the time, this evidence in all probability would have resulted in a "not guilty" verdict. Billy's trial was not a fair and accurate representation of the facts and all he has ever asked for is a hearing to present the new evidence which was withheld during the original trial.
Debra Howell
Too many times we've seen and heard of people who were wrongfully accused and sentenced to undue lengthy prison terms before being exonerated. I believe Billy deserves his day in court to avoid him spending anymore unnecessary time in Prison. The time he has lost while awaiting a fair trial cannot be regained. Also, the compensation they will want to give him if any will not give him back his lost time with his friends and family.
David Walden, Christian
My initial intent with the correspondence was to bring Christ into a death row inmate’s life. Instead, the death row inmate has been a source of inspiration for me. Bill converted to Catholicism while in prison, and often I am struck by the depth of his spirituality and the extent to which he has allowed himself to be penetrated by the Love of Christ.
Read more supportive statements of William Kuenzel's supporters here
Catherine Farmer, writer
"Justice for Billy Kuenzel" is a support group started by Catherine Farmer, a friend of Billy's from the UK. Earlier this year, we set up the website www.justiceforbillykuenzel.com to present the facts of the case and to relay news and messages from Billy and his supporters. The main focus of the group is to prove Billy's innocence and secure a new trial.
When you sit down and read all the facts and information about Billy's case, you are left with NO doubt in your mind whatsoever that Billy is innocent. During the trial, he was represented by an inexperienced state appointed lawyer who was grossly unprepared, spending a mere 4 1/2 hours with Bill prior to the trial, and just 3 hours investigating the case. The prosecution assured Billy's lawyer that they had turned over all potentially exculpatory evidence to the defence. This was not true. In 2010, it was finally revealed that the prosecution had withheld evidence, including police notes and several independent witness statements all of which backed up Billy's protestation of innocence. If presented to the jury at the time, this evidence in all probability would have resulted in a "not guilty" verdict. Billy's trial was not a fair and accurate representation of the facts and all he has ever asked for is a hearing to present the new evidence which was withheld during the original trial.
Debra Howell
Too many times we've seen and heard of people who were wrongfully accused and sentenced to undue lengthy prison terms before being exonerated. I believe Billy deserves his day in court to avoid him spending anymore unnecessary time in Prison. The time he has lost while awaiting a fair trial cannot be regained. Also, the compensation they will want to give him if any will not give him back his lost time with his friends and family.
David Walden, Christian
My initial intent with the correspondence was to bring Christ into a death row inmate’s life. Instead, the death row inmate has been a source of inspiration for me. Bill converted to Catholicism while in prison, and often I am struck by the depth of his spirituality and the extent to which he has allowed himself to be penetrated by the Love of Christ.
Read more supportive statements of William Kuenzel's supporters here
Find out more
The Alabama law
"Under the law, a conviction of felony cannot be had on the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the commission of the offense, and such corroborative evidence, if it merely shows the commission of the offense or the circumstances there of, is not sufficient. Alabama Code § 12-21-222 (emphasis supplied).
“The test ... consists of eliminating the testimony given by the accomplice and examining the remaining evidence to determine if there is sufficient incriminating evidence tending to connect the defendant with the commission of the offense.”
Articles
"Life or Death: Supporters urge Alabama to re-examine case of man on death row since 1988", WHNT19, November 17, 2015
"Alabama sets execution date; timing 2 days before Christmas 'sickening,' his attorneys say", All Alabama, December 2014
The state is seeking execution dates William Ernest Kuenzel, September 15th, 2014
"Lethal mix: Lawyers' mistakes, unforgiving law" Washington Post
“Secrets in Sylacauga”, WSFA, Nov. 22, 2013 [link broken]
“An Injustice on Death Row”, The New York Times, May 31, 2013
“U.S. Supreme Court Declines to Hear Death Penalty Case”, New York Law Journal, May 29, 2013
"93-year-old former New York prosecutor takes on appeal of Alabama death row inmate", NYT reports, March 2013
“Even at 93, He Finds a Case Too Important to Pass Up”, The New York Times, March 14, 2013
“Lawyer Grows Close to Client on Death Row for 25 Years”, ABA Journal, May 3, 2013
“Lawyer who started on pro bono capital appeal as summer associate hopes to take it to top US court”, New York Law Journal, May 3, 2013
“Morgenthau Lends Support To Ala. Inmate”, New York Law Journal, May 3, 2013
“McCann joins Super Group of retired DAs to appeal Alabama death row case”, Milwaukee Journal Sentinel, March 18, 2013
“93-year-old former New York prosecutor takes on appeal of Alabama death row inmate, NYT reports” Alabama Live, March 15, 2013
“Death row inmate has evidence proving innocence” WBRC Fox 6, Feb. 14, 2012
“Questions loom in Alabama death-penalty case” The Atlanta Journal-Constitution, Feb. 13, 2012
“Condemned Ala. man claims evidence clears his name” Associated Press, Feb. 13, 2012
“Death row inmate seeks appeal in 1987 Sylacauga murder case” The Daily Home, Feb. 16, 2012
All Court documents here -- This includes:
. Petition for Writ of Certiorari, US Supreme Court, August 15th, 2016
. Brief for Edwin Meese III as Amicus Curiae in Support of Petitioner
. Alabama Supreme Court Certificate of Judgment and Dissenting Opinion April 1, 2016
. Court filing (October 2013 - Successive Rule 32 petition)
. Declaration of witness (Crystal Floyd, girlfriend of Harvey Venn at the time of the murder), whose testimony was witheld by the prosecution - here
. Amicus brief (2013) with 3 former district Attorneys on behalf of William Kuenzel
. Affidavit from David Kuenzel's court appointed lawyer during the trial here
. Police notes from Harvey Venn's initial arrest. Also withheld by the prosecution..
Supporters
. www.facebook.com/justiceforbillkuenzel
. More on www.alabamainjustice.com
The Alabama law
"Under the law, a conviction of felony cannot be had on the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the commission of the offense, and such corroborative evidence, if it merely shows the commission of the offense or the circumstances there of, is not sufficient. Alabama Code § 12-21-222 (emphasis supplied).
“The test ... consists of eliminating the testimony given by the accomplice and examining the remaining evidence to determine if there is sufficient incriminating evidence tending to connect the defendant with the commission of the offense.”
Articles
"Life or Death: Supporters urge Alabama to re-examine case of man on death row since 1988", WHNT19, November 17, 2015
"Alabama sets execution date; timing 2 days before Christmas 'sickening,' his attorneys say", All Alabama, December 2014
The state is seeking execution dates William Ernest Kuenzel, September 15th, 2014
"Lethal mix: Lawyers' mistakes, unforgiving law" Washington Post
“Secrets in Sylacauga”, WSFA, Nov. 22, 2013 [link broken]
“An Injustice on Death Row”, The New York Times, May 31, 2013
“U.S. Supreme Court Declines to Hear Death Penalty Case”, New York Law Journal, May 29, 2013
"93-year-old former New York prosecutor takes on appeal of Alabama death row inmate", NYT reports, March 2013
“Even at 93, He Finds a Case Too Important to Pass Up”, The New York Times, March 14, 2013
“Lawyer Grows Close to Client on Death Row for 25 Years”, ABA Journal, May 3, 2013
“Lawyer who started on pro bono capital appeal as summer associate hopes to take it to top US court”, New York Law Journal, May 3, 2013
“Morgenthau Lends Support To Ala. Inmate”, New York Law Journal, May 3, 2013
“McCann joins Super Group of retired DAs to appeal Alabama death row case”, Milwaukee Journal Sentinel, March 18, 2013
“93-year-old former New York prosecutor takes on appeal of Alabama death row inmate, NYT reports” Alabama Live, March 15, 2013
“Death row inmate has evidence proving innocence” WBRC Fox 6, Feb. 14, 2012
“Questions loom in Alabama death-penalty case” The Atlanta Journal-Constitution, Feb. 13, 2012
“Condemned Ala. man claims evidence clears his name” Associated Press, Feb. 13, 2012
“Death row inmate seeks appeal in 1987 Sylacauga murder case” The Daily Home, Feb. 16, 2012
All Court documents here -- This includes:
. Petition for Writ of Certiorari, US Supreme Court, August 15th, 2016
. Brief for Edwin Meese III as Amicus Curiae in Support of Petitioner
. Alabama Supreme Court Certificate of Judgment and Dissenting Opinion April 1, 2016
. Court filing (October 2013 - Successive Rule 32 petition)
. Declaration of witness (Crystal Floyd, girlfriend of Harvey Venn at the time of the murder), whose testimony was witheld by the prosecution - here
. Amicus brief (2013) with 3 former district Attorneys on behalf of William Kuenzel
. Affidavit from David Kuenzel's court appointed lawyer during the trial here
. Police notes from Harvey Venn's initial arrest. Also withheld by the prosecution..
Supporters
. www.facebook.com/justiceforbillkuenzel
. More on www.alabamainjustice.com
What you can do
Change Petition established by his supporters
Change Petition established by his supporters
Contact
William E. Kuenzel (Z489)
Holman Correctional Facility
Holman 3700, Unit G1-2A
Atmore, AL 36503-3700
Contact his supporters @ [email protected]
Contact his lawyer for media enquiries here
William E. Kuenzel (Z489)
Holman Correctional Facility
Holman 3700, Unit G1-2A
Atmore, AL 36503-3700
Contact his supporters @ [email protected]
Contact his lawyer for media enquiries here
