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THE PODCAST: (Link below): One July night in 1995, Deputy Sheriff William G. Hardy was shot behind the Crown Sterling Suites hotel in Birmingham, Alabama. At the same time as the murder, at least ten people saw Toforest Johnson four miles away, at a popular nightclub called Tee's Place. But detectives zeroed in on him as a main suspect in Deputy Hardy’s murder anyway, ultimately resulting in Toforest being tried, convicted, and sentenced to death. For over a quarter century, Toforest has been confined to a 5’ by 8’ cell on Alabama’s death row. In 2019, investigative journalist Beth Shelburne began covering the case, going down a disturbing rabbit hole revealing many unsettling facts that cast grave doubts about Toforest’s guilt. The facts she found tear at the very foundation of the American criminal justice system: No eyewitnesses or physical evidence tied Toforest to the murder; the state tried to convict a different man for the same crime; and perhaps most disturbing of all, Toforest’s conviction relied on an ‘earwitness’ – a woman who claimed to have eavesdropped on an incriminating phone call, a woman whom prosecutors paid for her testimony, in secret. That payment was not disclosed to the jury, Toforest, or his lawyers until after he had been on death row for 17 years. From the team behind the award-winning hit podcast Bone Valley, Lava for Good’s Earwitness is an 8-episode docuseries that asks the question, “How did an innocent man end up on death row — and why is the state still trying to execute him over the objection of the prosecutor who put him there?” Shelburne’s unprecedented access to key players—the lead detective, lead prosecutor, witnesses, jurors, and the earwitness herself— illuminate a story filled with disturbing twists, frustrating ambiguities, and shocking admissions. The story of Toforest Johnson and the state's enthusiasm for the death penalty in the face of such troubling evidentiary flaws brings to light the failings of a criminal justice system run amok. Earwitness is available every Tuesday wherever you get your podcasts. To hear episodes 1 week early and ad free, subscribe to Lava for Good+ on Apple Podcasts."
https://podcasts.apple.com/ca/podcast/earwitness/id1707026865
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PASSAGE OF THE DAY: (WVTM story): "No date has been set for Johnson's execution, but they say they don't want to wait until it's too late to do something. Their main focus now is bringing awareness to the case. One way they're doing that is through a podcast called "Earwitness." "And really dive deep into his story to get a sense of who he is because his character is displayed throughout the podcast a lot," Terry said. Jefferson County District Attorney Danny Carr attended Sunday's rally. He is one of several leaders calling for a new trial. Former Alabama Attorney General Bill Baxley, a lifelong supporter of the death penalty, says an innocent man is on death row."
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STORY: "'It's not too late to fix this mistake': Family of Toforest Johnson renews push for new trial," published by WVTM, on December 4,
GIST: "Family, friends, and community leaders say they hope the state of Alabama will take a hard look at the case of Toforeest Johnson and consider granting him a new trial.
"Like, it's not too late to fix this mistake," Johnson's daughter, Akeriya Terry, said.
Terry was a small child when her father, Toforest Johnson, was convicted in 1998 of killing a Jefferson County sheriff's deputy three years prior. He's been behind bars for a quarter of a century now.
"He's had the spirit of, I'm going to get out," Terry said. "It's going to be OK. He's not mad at anyone. It's almost like, he's so positive and I want everyone to know that.”
On Sunday afternoon, dozens gathered at Birmingham's Tabernacle Baptist Church for a faith rally in support of Johnson.
Those legally representing him argue there was no physical evidence linking him to the crime.
On top of that, they say nearly a dozen people testified that Johnson was across town at the time of the shooting.
"So, it's about someone basically, you know, getting caught up with the wrong people or hanging with the wrong people that's just putting your name out there and it has nothing to do with you," Terry said.
Johnson's conviction ultimately came down to a witness
Testimony those representing Johnson say the witness was paid $5,000 for.
"The earwitness," Terry said. "Like, someone who doesn't know you. Someone who's never heard your voice before. How is it possible for you to be behind bars based off only one earwitness when you have 12 alibi witnesses who can put you on the other side of town during the crime."
No date has been set for Johnson's execution, but they say they don't want to wait until it's too late to do something. Their main focus now is bringing awareness to the case. One way they're doing that is through a podcast called "Earwitness."
"And really dive deep into his story to get a sense of who he is because his character is displayed throughout the podcast a lot," Terry said.
Jefferson County District Attorney Danny Carr attended Sunday's rally. He is one of several leaders calling for a new trial.
Former Alabama Attorney General Bill Baxley, a lifelong supporter of the death penalty, says an innocent man is on death row."
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL
https://www.blogger.com/blog/post/edit/120008354894645705/47049136857587929
FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices.
Lawyer Radha Natarajan;
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
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YET ANOTHER FINAL WORD:
David Hammond, one of Broadwater’s attorneys who sought his exoneration, told the Syracuse Post-Standard, “Sprinkle some junk science onto a faulty identification, and it’s the perfect recipe for a wrongful conviction.
https://deadline.com/2021/11/alice-sebold-lucky-rape-conviction-overturned-anthony-broadwater-123488014
