Alabama Governor Commutes Death Sentence of Inmate Over Evidence Doubts
Gov. Kay Ivey cites lack of direct evidence and concerns about conviction in sparing Toforest Johnson's life.
Alabama Gov. Kay Ivey has commuted the death sentence of Toforest Johnson, who was convicted in the 1995 murder of Jefferson County Deputy Sheriff William Hardy. Johnson is scheduled to be executed and has consistently maintained his innocence.
Ivey, a Republican, stated in a press release that her decision to commute the sentence to life in prison without parole was based on concerns that there was insufficient direct evidence to proceed with the death penalty. "My decision is not a determination of innocence, but a recognition that the circumstances of this case justify commuting his death sentence to life imprisonment, without possibility of parole," Ivey said.
Johnson was convicted of killing Hardy, who was shot twice while working off-duty security at a hotel. Johnson has claimed he was in a different part of town at the time of the murder.
This commutation marks the third time Ivey has commuted a death sentence during her tenure as governor, during which 27 executions have been carried out.
Johnson's legal team expressed gratitude for the governor's action, with attorney Ty Alper stating, "We are grateful to Gov. Ivey for diligently reviewing Toforest’s case and taking action to spare an innocent man from execution." Alper indicated that efforts to overturn Johnson's conviction would continue.
Recent legal efforts to secure a new trial for Johnson have gained support from former public officials and legal figures. Jefferson County District Attorney Danny Carr, who took office in 2018, has backed Johnson's bid for a new trial, asserting in court filings that the evidence has "unraveled over 20 years." Carr pointed to alibi witnesses who place Johnson elsewhere during the crime and raised doubts about the credibility of the key prosecution witness, who alleged she overheard Johnson confess on a three-way call.
This witness reportedly received $5,000 for her testimony, and Johnson's defense has argued that the state withheld information about potential financial motivations. Former Alabama Attorney General Bill Baxley, former Chief Justices Sonny Hornsby and Drayton Nabers, and several former judges and prosecutors have supported calls for a new trial.
However, Alabama Attorney General Steve Marshall urged Ivey in an October letter to deny the clemency request and uphold the jury's decision and subsequent court reviews.