Alabama Supreme Court denies new trial for death row inmate Toforest Johnson
The Alabama Supreme Court on Friday denied a new trial for a death row inmate in a case that has seen the district attorney, former state attorney general, and a former chief justice join calls to reexamine his conviction. Justices rejected Toforest Johnson’s appeal of a lower court decision denying him a new trial. The request was one part of an ongoing effort to overturn the conviction. Johnson was convicted and sentenced to death for the 1995 killing of Jefferson County Deputy Sheriff William Hardy while Hardy was working off-duty security at a hotel. Johnson’s lawyers had argued he was due a new trial because the state failed to disclose a key prosecution witness was paid a reward several years after testifying. The Court of Criminal Appeals in May ruled that Johnson’s attorneys had not established that the witness knew about the reward or was motivated by it. Johnson’s lawyers will appeal the decision to the U.S. Supreme Court. They also have a separate new trial petition before a Jefferson County judge based on the district attorney’s concerns about the conviction. Danny Carr, the current district attorney in the county where Johnson was convicted, filed a brief in 2020 with the court saying Johnson should get a new trial “in the interest of justice.” Carr wrote that he took no position on Johnson’s innocence or guilt but said he had multiple concerns about the case. He wrote that his concerns about the conviction include the reward issue and that alibi witnesses place Johnson in another part of town at the time of the shooting. Carr said the original lead prosecutor had also expressed concerns about the case. The key prosecution witness at the 1998 trial testified that, while eavesdropping on a phone call, she heard a man she believed was Johnson admitting to the crime. She was paid a $5,000 reward in 2001. Former Alabama Attorney General Bill Baxley, former Chief Justice Drayton Nabers, and several former judges and prosecutors submitted briefs to the circuit court or wrote editorials supporting a new trial for Johnson. Republished with the permission of The Associated Press.
Claiming innocence, Alabama death row inmate Toforest Johnson seeks new trial
Toforest Johnson, 49, has spent half his life on Alabama’s death row for the murder of a sheriff’s deputy, a killing he says he did not commit. Johnson’s attorneys asked the Alabama Supreme Court on Friday to “right a grievous wrong” and grant him a new trial. The filing is the latest effort in a case that has seen former judges, prosecutors, and the local district attorney join in calls to reexamine the 1998 conviction and death sentence. Johnson’s attorneys are asking the justices to review a lower court decision denying the new trial request. They argued that the conviction rested on the testimony of a single witness who was paid a reward and that her testimony “was at odds with the physical evidence and directly contradicted by the state’s theory of the case in other proceedings.” “The first thing to know is that he is innocent … Former prosecutors have said it themselves, that there needs to be more eyes on this case, and he deserves a new trial,” Johnson’s daughter, Shanaye Poole, said in a telephone interview. Johnson was convicted and sentenced to death for the killing of Jefferson County Deputy Sheriff William Hardy. Hardy was shot twice in the head while working off-duty security at a hotel in 1995. The conviction came after Johnson’s first trial ended with a hung jury. A co-defendant in the case was acquitted. Poole was just 5 when her father was sentenced to death. She sat on someone’s shoulders to peer through the window on the courtroom door to see her father. “That was the last time I saw my Dad in person before his freedom was taken from him,” she said. Former Alabama Attorney General Bill Baxley, former Chief Justice Drayton Nabers, and several former judges and prosecutors submitted briefs to the circuit court or wrote editorials supporting a new trial for Johnson. Danny Carr, the district attorney in the county where Johnson was convicted, also called for a new trial. Baxley, who worked decades ago to have the death penalty reinstated in Alabama, said he is usually skeptical of such innocence claims filed by what he called “do-gooder” lawyers. But he said he was astonished at the case. “I couldn’t believe what I was reading. I was just dumbfounded that, in Alabama, a case as weak as that would have gotten to the jury, much less a death sentence,” Baxley said in a telephone interview with The Associated Press. The U.S. Supreme Court in 2017 ordered a new hearing to take place on Johnson’s claim of suppressed evidence. The key prosecution witness at the 1998 trial testified that, while eavesdropping on a phone call, she heard a man she believed was Johnson admitting to the crime. She was paid $5,000 in 2001 for her testimony, and Johnson’s lawyers argue that the state withheld evidence of monetary motivation for the testimony. A judge denied the new trial request in 2020, and the Alabama Court of Criminal Appeals upheld that decision in May, ruling that Johnson’s attorneys had not established that the witness “came forward with information in hope of the reward or that the state ever knew of such a hope before Johnson’s trial.” The Alabama attorney general’s office has opposed the request for a new trial. Attorneys for the state argued that the witness testified that she was unaware that a reward had been offered when she contacted law enforcement. The recent court proceedings have been narrowly focused on the issue of the reward, but Baxley said the case merits a fuller look. “Every breath this guy draws on death row is an indictment to the people of Alabama that I love so much,” Baxley said. “If some proper court will look at it, they are going to come to the same conclusion.” From Alabama Chief Justice Drayton Nabers Jr., wrote in an opinion piece this spring that, “there’s now substantial evidence that Mr. Johnson is innocent.” Carr wrote in 2020 that he took no position on Johnson’s innocence or guilt but said there are concerns about his trial. He wrote that those include a key witness being paid a reward, a fact not mentioned at trial, as well as alibi witnesses who placed Johnson in another part of town at the time of the shooting. “A prosecutor’s duty is not merely to secure convictions, but to seek justice,” the brief stated. “It is the district attorney’s position that in the interest of justice, Mr. Johnson, who has spent more than two decades on death row, be granted a new trial.” Republished with the permission of The Associated Press.
Birmingham Mayor Randall Woodfin endorses local candidates
Birmingham Mayor Randall Woodfin has been busy the past few days making endorsements in local races ahead of Tuesday’s election. Woodfin first took to social media on Saturday where he endorsed Danny Carr for Jefferson County District Attorney. On Sunday he endorsed Felicia Stewart for State House District 46 as well as Mark Pettway for Jefferson County Sheriff. He continued his endorsements Monday morning adding Alli Summerford for State House District 48 to his endorsements list. All of the candidates Woodfin has endorsed are Democrats. Woodfin’s local endorsements thus far: Alli Summerford “Alli’s vision for Alabama is one that so many of us share: well-paying jobs, a 21st century education system, affordable healthcare, and an economy and state government that works for all of us, not just some of us. I am proud to endorse Alli for Alabama!,” Woodfin posted on Facebook. Mark Pettway “Mark Pettway’s focus on community policing and criminal justice reform will help to bring fresh ideas, transparency, and accountability to the Jefferson County Sheriff Office. I am proud to support Mark Pettway For Sheriff!” said Woodfin on Facebook Felicia Stewart “Felicia Stewart is a true public servant who expects more for our state and will work to solve real problems in public education, healthcare, clean water and other critical issues facing every day Alabamians. VOTE Felicia Stewart this Tuesday! #ExpectMore,” Woodfin posted on Facebook. Danny Carr Woodfin posted on Facebook, “I’ve had the pleasure of knowing Danny Carr for many years. You will be hard pressed to find a man that works as hard and cares about the people of our community as much as Danny Carr. His unwavering commitment to the people of Jefferson County over his 17 years of service has been highlighted through his work in the courtroom and his civic participation throughout our community. I am proud to endorse Danny Carr for Jefferson County DA.”
Drug charges and second chances among topics JeffCo DA candidates spar over
Over 100 Alabamians, interested in faith and politics, filled Southside CME Church in Birmingham, Ala. Tuesday evening for the Alabama Faith in Action District Attorney (DA) Candidate Forum. There, Jefferson County District Attorney Mike Anderton and his challenger Danny Carr addressed the crowd on several relevant topics. Bail Anderton: Will not recommend cashless bond, or release to court, for ALL cases. “Low-level property crimes, low-level non-physical injury kind of crimes… if the bond has been set up to $5,000 that individual can sign his name and walk out without a problem,” Anderton explained. “But you also have to look at what happens if someone steals a car and gets out on a cashless bond, and steals another car. That may not be substantial harm to the community, unless it’s your car. If it’s your car you want something done about it.”He continued, “I’m going to take a look at each and every case as they come through and judge it on the facts of the case. This is all about treating everybody fairly.” Carr: “The number purpose of a bond shouldn’t be to punish that person,” said Carr. “The purpose of a bond is to ensure that person comes back and appears before that judge. If the bond’s sole purpose is to punish that purpose, it becomes punitive. For low-level offenders they should get a bond… Sentencing and diversion Carr: “I definitely believe in diversion programs,” said Carr. Carr suggested expanding diversion programs to some distribution cases. He also believe fines and fees for the programs should be waived where the person is indigent. Anderton: I absolutely believe in diversion programs. I think they’re terrific. Because the whole idea that someone has a drug or narcotic issue, we need to get them off,” responded Anderton. Anderton says for a small amount of possession, diversion programs make sense. But he does not believe it is appropriate for drug traffickers. Failure to appear (FTA) Anderton: “If I find out an individual has FTA’d because he wasn’t given notice, I’m not looking to lock him up. No, this has got to be fair. He can’t be expected to make an appointment he didn’t know about,” said Anderton. “Once an individual has an attorney, we, District Attorneys office, is not allowed to contact that defendant. It is unethical for us to contact the client of a lawyer… we can’t do it.” Carr: “We can agree on the part about a defendant — once they’re represented by an attorney, we can’t contact them. That would be unethical for us to call them up and say x, y, z.” Carr believes in giving defendants a second chance to appear, if the lawyer believes they can be tracked down, rather than issuing a warrant from the bench, an FTA. — Anderton and Carr will face-off on Tuesday, Nov. 6. Watch the live-stream of the forum:
JeffCo Sheriff, DA candidates face-off in debate
Jefferson County voters have more information about the candidates running for Jefferson County Sheriff and District Attorney (DA) thanks to a public debate hosted Sunday evening. DA candidates, Republican incumbent Mike Anderton and Democrat challenger Danny Carr faced-off first, before the Sheriff candidates, incumbent Republican Mike Hale and Democrat challenger Mark Pettway took the stage at the UAB campus. The debate was hosted by the Birmingham Association of Black Journalists and the Phi Iota Omega Chapter of Alpha Kappa Alpha Sorority, Inc. the debate also featured a voter education session, which answered questions such as: What issues will be on the ballot? How do you navigate the Alabama Voter website to find your polling place? How to register to vote. And how to absentee vote. DA debate Crime and recidivism Anderton: “My primary goal is to work with those who have gotten in trouble before, try to figure out why they have gotten in trouble,” Anderton said according to the Birmingham Times. “Is it poverty? Is it lack of education? Is it lack of a job?. . . Let’s work with those who have recently gotten out of prison or jail. So that we can work with them to take care of whatever their needs are. Theirs are just as important. They’re coming out and needing our help. “What we’ve got to do is make sure they have some hope, make sure they’ve got something in their future that they can walk to with pride and know that when they get there they’ve accomplished something.” Carr: “Make sure that we do things that benefit those individuals while they’re paying for the crime that they committed,” Carr said according to the Birmingham Times. “The worst thing that could happen is that they go in and come out worse . . . because then they come in our community [and cause even more problems]. We have to . . . make sure that you are placing people in the best position they can be in when they get out so that they won’t return to a life of crime.” Watch the DA debate below: Sheriff debate Body cameras Both candidates agreed that body cameras protect sheriff deputies and citizens. “This day and age there is no reason why we should not have body cameras,” explained Pettway. Watch the Sheriff debate below:
