By: John Hardin
A few months ago my friend Jim McCloskey of Centurion Ministries asked us to help with Benjamine Spencer, a case here in Texas he has worked on for thirteen years. After reviewing the materials he sent me, I became convinced of Ben’s innocence. Not only am I convinced, but in 2008 Ben had a hearing which resulted in Dallas County Judge Rick Magnis declaring him actually innocent of the 1987 murder of Jeffrey Young for which he was convicted. Unfortunately, three years after Judge Magnis’s ruling, the Texas Court of Criminal Appeals rejected his finding. Now Ben Spencer is in his 26th year in Texas prisons.
Last week I attended An Evening in Search of Justice: Why Is An Innocent Man Still Locked Up?, an educational forum and rally held at SMU and presented by Centurion Ministries, Dallas Can Do Better, and SMU Embrey Human Rights Program. Jim told me beforehand there were many wonderful people working to free Ben, but I was blown away by the turnout and the passion on display. Speakers included Rick Halperin, director of the Embrey Human Rights Program; Kristina Hahsler, founder and executive director of Dallas Can Do Better; Ben’s outstanding attorney Cheryl Wattley; Jim McCloskey; Alan Ledbetter; and Kelvin Johnson. Each was impressive in their own right, but Alan Ledbetter and Kelvin Johnson were particularly compelling to me.
Mr. Ledbetter was the jury foreman in Ben’s trial and therefore one of the twelve who found him guilty and sentenced him to life in prison. He recalled that over the next fourteen years he did not give too much thought to Ben, but that changed in 2002 when Centurion investigator Paul Henderson showed up on his doorstep. Over a period of time, Mr. Ledbetter re-reviewed the case, including newly discovered evidence pointing to the innocence of Ben Spencer and to the guilt of a man named Michael Hubbard. Upon this realization, he decided to “dedicate himself in whatever way possible to support the release and complete exoneration of Ben Spencer.” He is the only person besides Ben to attend the complete trial that resulted in Ben’s conviction as well as the complete 2008 hearing in which Ben was declared actually innocent, giving him a unique perspective on the case. It speaks volumes about his character that he would publicly advocate for Ben after leading the jury that convicted him.
Mr. Johnson also has a unique role in the case. He and the true perpetrator of the crime, Michael Hubbard, grew up together in the neighborhood where the body of the victim was found. Not only that, but they entered into a life of crime together, most notably committing a series of armed robberies of restaurants and their patrons in areas of Dallas more affluent than their own. They were eventually caught and sent to prison for their crimes. (To be clear, Kelvin was never suspected to have any involvement in Mr. Young’s murder.) Both Kelvin and another witness, Ferrell Scott, came forward to say Hubbard confessed to them that he did, in fact, murder Jeffrey Young. Their claims are corroborated by other evidence, they both passed polygraphs, and neither benefited in any legal way by coming forward.
I was fortunate to spend a good bit of time with Kelvin last week. I will not recount his entire life story in this post, but I will say that his is a story of redemption and reconciliation. He is an impressive person who is living a very happy, productive life with his wife and their son. I found him completely credible and am glad I know him.
Please read the details of Ben’s extraordinary case, starting with Centurion’s summary, articles, and court documents found here. My guess is you will reach the same conclusion I have about his innocence. Centurion Ministries, Dallas Can Do Better, and others have done all the heavy lifting and have our complete admiration. Proclaim Justice shares their heartbreak, their outrage, and their dedication to Ben and look forward to helping in whatever way we can in the fight for his deliverance.