Toforest Johnson: Alabama: Question of the day: Does Attorney General Steve Marshall want to kill an innocent man? That question is posed by columnist Roy S. Johnson on al.com, noting that: "I haven’t yet looked Marshall in the eye and asked. Asked if he’d support executing someone with a chorus of support for a new trial. Support from prominent public and criminal justice officials. Support all but calling his prior trial a sham. Someone like Toforest Johnson, a man who is probably innocent. Yet Marshall still argues to keep him on death row. Argues vociferously that he should not get a new trial. Like frothing-at-the-mouth argues. A lawsuit asking for a new trial did “not raise an issue of extraordinary public importance,” he responded. Like guilt and innocence aren’t of public importance. Like justice isn’t."

BACKGROUND: WIKIPEDIA: "Toforest Onesha Johnson (born February 8, 1973)^] is an American man on death row for the 1995 murder of Jefferson County deputy sheriff William G. Hardy in Alabama. Johnson's case is controversial and his quest for a new trial has attracted widespread support, from prominent lawyers such as the original prosecutor in his case and Alabama's former attorney general to celebrities such as Kim Kardashian. Johnson was convicted based on the testimony of a single witness, Violet Ellison, who allegedly overheard Johnson confessing to the murder during a jailhouse phone call she eavesdropped on.^] It was later revealed that Ellison was paid $5,000 for her testimony, unbeknownst to Johnson's lawyers. Johnson's lawyers have also presented alibi evidence showing that Johnson and a friend, Ardragus Ford, were together at a nightclub miles away when the murder happened.^[ Many, including current Jefferson County District Attorney Danny Carr and Johnson's original trial prosecutor Jeff Wallace,^] former Chief Justice of the Alabama Supreme Court Drayton Nabers Jr.,ormer Alabama Attorney General Bill Baxley, and many Alabama legal, civil rights, and faith organizations,^[have publicly called for Johnson's conviction to be overturned. Johnson's story is the subject of a critically acclaimed^[ eight-episode investigative podcast, Earwitness, by Alabama-based journalist Beth Shelburne.^[13] Currently, Johnson remains on death row at the Holman Correctional Facility and his execution date has yet to be scheduled."

https://en.wikipedia.org/wiki/Toforest_Johnson

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PASSAGE OF THE DAY: "Gov. Kay Ivey doesn’t want to see an innocent person die. I know that now. I couldn’t say that a couple of weeks ago. She rubber-stamped and justified so many executions in our killer state that it’s easy to lose count. (Though we haven’t; it’s 21, soon likely to be 22.) She justified them even when the victim’s relatives asked to spare the life of the person convicted of killing their loved one. She’s as law-and-order as they come. But when presented with arguments and evidence that cast doubt on the 1994 conviction of Robin “Rocky” Myers, much of it deftly highlighted by my colleague Ivana Hrynkiw, she recently spared his life. Myers was found guilty in the stabbing of Ludie Mae Tucker three years prior, even though there was no physical evidence linking him to the crime and no one stepped forward to say they saw him do it. Now 63, he was set to die soon by inhaling pure nitrogen gas at William C. Holman Correctional Facility in Atmore, where he’s lived on death row since his conviction. Until Ivey was moved. Until Feb. 28 when she commuted his sentence to life. Not death. Marshall? He lost his cookies."

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COMMENTARY: "Steve Marshall, if you believe Toforest Johnson is guilty, prove it in a new trial," by Roy S. Johnson, published by al.com, on March 16, 2025: (A Pulitzer Prize finalist in Commentary, opinion journalist Roy S. Johnson is a Columnist and Director of Content Development for the Alabama Media Group/AL.com, the largest news and information site in Alabama. He shares his perspective on issues, people, policies, and trends affecting us all, and challenges lazy thinking.)

GIST: "No one wants to see an innocent person executed. At least I don’t think so.

I’d venture not even the most ardent “law and order” zealot would look me in the eye and say it was cool to execute an innocent person simply because a jury found them guilty and they were sentenced to die.

Not even Steve Marshall, Alabama’s ardent “law and order” attorney general would do that. At least I don’t think so.

I’ve written before that I abhor the death penalty. Oh, the human side of me believes for some crimes the perpetrator cannot be taken from this Earth soon enough. My spirit, though, believes thou shalt not kill. Period.

And thou would be us.

I believe vengeance belongs to someone else, not me.

And certainly not us.

We’re just too shady. Too human. As well-intentioned as we may be, as diligent and good-hearted as prosecutors, juries, defenders, judges and witnesses may be, we’re human. They’re human. They make mistakes.

Gov. Kay Ivey doesn’t want to see an innocent person die. I know that now. I couldn’t say that a couple of weeks ago. She rubber-stamped and justified so many executions in our killer state that it’s easy to lose count. (Though we haven’t; it’s 21, soon likely to be 22.)

She justified them even when the victim’s relatives asked to spare the life of the person convicted of killing their loved one.

She’s as law-and-order as they come. But when presented with arguments and evidence that cast doubt on the 1994 conviction of Robin “Rocky” Myers, much of it deftly highlighted by my colleague Ivana Hrynkiw, she recently spared his life.

Myers was found guilty in the stabbing of Ludie Mae Tucker three years prior, even though there was no physical evidence linking him to the crime and no one stepped forward to say they saw him do it. Now 63, he was set to die soon by inhaling pure nitrogen gas at William C. Holman Correctional Facility in Atmore, where he’s lived on death row since his conviction.

Until Ivey was moved. Until Feb. 28 when she commuted his sentence to life. Not death.

Marshall? He lost his cookies.

“I am astonished by Governor Ivey’s decision to commute the death sentence of Rocky Myers and am bewildered that she chose not to directly communicate with me about this case or her decision.”

That was his statement. Part of it. Feel free to read the rest here.

Marshall doesn’t want innocent people to die, does he?

Myers was the first man in the state to have his death sentence commuted in what’s called “modern” history, which I’m not sure when that really began.

He shouldn’t be the last to have a chance to live. To prove their innocence.

Johnson deserves that chance, too

I’ve asked before, almost a year ago. He’s lived on death row since 1998; he was 25 then. He was convicted of murdering Jefferson County Sheriff’s Deputy William Hardy three years earlier in the parking lot of what was then the Crown Sterling Suites hotel in Birmingham, where Hardy worked a second job as a security guard.

He doesn’t deserve to be there. Be there despite a trial that would garner eye-rolls from a Law & Order jury.

But don’t just believe me, AG.

Listen to former U.S. Sen. Doug Jones and ex-Alabama Attorney General Bill Baxley, who once sat in Marshall’s now iceberg-cold seat. This week, they argued that Johnson deserves a new trial. Years ago, Baxley called the trial and conviction “deeply flawed.”

Okay, yeah, they’re Democrats. Ewww. We’re talking about someone’s life here.

Jones and Baxley jumped into a long line of respected public officials who also believe Johnson deserves a new trial.

Jefferson County District Attorney Danny Carr (he wasn’t DA when Johnson was tried) has long called for Johnson to be granted a new trial, saying five years ago after an extensive investigation into the case his “duty to seek justice requires intervention in this case.”

So has — and you know this, Marshall, because you’ve long turned a deaf ear to the pleas — so has the man who prosecuted Johnson: Jeff Wallace.

So has a former governor. Two former state Supreme Court Chief justices agree. A former U.S. attorney. Another DA and a former DA agree. So has a Kardashian, of course.

Even three former jurors agree their wrong should be righted. Last year, Monique Hicks’s tune shifted, she wrote in a guest column published on AL.com. “My role in the wrongful conviction of an innocent man keeps me awake at night,” she penned.

Myers may have been a historic first, but there’s no quota or cap on right.

Johnson deserves a new trial. You believe strongly in his guilt? Prove it. Persuade Jefferson County Jefferson County Circuit Judge Kandice Pickett to flush Johnson’s conviction and order a new trial.

Then stand in court and prove it, sir.

Let the system have a chance to right its wrong.

Let it have a chance to work."

The entire commentary can be read at:

https://www.al.com/news/birmingham/2025/03/steve-marshall-if-you-believe-toforest-johnson-is-guilty-prove-it-in-a-new-trial.html

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/120008354894645705/4704913685758792985

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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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Criminalizing reproduction: Attacks on science, medicine and the right to choose: "Alabama Can’t Prosecute Those Who Help With Out-of-State Abortions, a judge has ruled, The New York Times, reporter Emily Cochrane) reports, noting that: "Alabama, where voters approved a constitutional amendment in 2018 aimed at protecting the rights of unborn children, has been at the center of the debate over reproductive medicine and abortion access. It has one of the strictest abortion bans in the nation, with an exception only if the life of a pregnant woman is at risk. It also allows for doctors to be charged with felonies that carry sentences of up to 99 years in prison. And its anti-abortion amendment was at the heart of a State Supreme Court decision last year that found that embryos could be considered children, a decision that briefly paralyzed fertility treatments in the state and thrust the issue of in vitro fertilization into the national spotlight."

PUBLISHER'S NOTE:  In recent years, I have taken on the  theme of 'criminalizing reproduction' - a natural theme for a Blog concerned with  flawed science in its myriad forms  - as I am utterly appalled by  the current movement in the United States (and some other countries) emboldened by the overturning of Roe Versus Wade,  towards imprisoning and conducting surveillance on women and their physicians and others who help them secure a safe abortion,  on the basis of sham science (or any other basis). I can’t remember the source, but agree  totally with the sentiment that control over their reproductive lives is far too important to women in America - or anywhere else -  so they can  participate  equally in the economic and social life of their nations without fear for  loss their freedom at the hands of political opportunists and fanatics. (Far too many of those those around these days.) '

Harold Levy: Publisher; The Charles Smith Blog.

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QUOTE OF THE DAY: "On Monday, the judge, Myron H. Thompson of the Middle District of Alabama, in Montgomery, ruled that Mr. Marshall would be violating both the First Amendment and the right to travel if he sought prosecution. “It is one thing for Alabama to outlaw by statute what happens in its own backyard,” Judge Thompson, who was named to the court by President Jimmy Carter, wrote in his 131-page opinion. “It is another thing,” he added, “for the state to enforce its values and laws, as chosen by the attorney general, outside its boundaries by punishing its citizens and others who help individuals travel to another state to engage in conduct that is lawful there but the attorney general finds to be contrary to Alabama’s values and laws.”

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STORY: "Alabama Can't Prosecute Those Who Help With Out-of-State Abortions, Judge Rules," by Reporter Emily Cochran, published by The New York Times, on March 21, 2025. Emily Cochrane is a national reporter for The Times covering the American South, based in Nashville.

  SUB-HEADING: The state attorney Henneral had raised the possibility of charging doctors with criminal conspiracy for recommending abortion out oof state."

GIST: "Alabama cannot prosecute doctors and reproductive health organizations for helping patients travel out of the state to obtain abortions, a federal judge ruled on Monday.

Alabama has one of the strictest abortion bans in the country, and in 2022 its attorney general, Steve Marshall, a Republican, raised the possibility of charging doctors with criminal conspiracy for recommending abortion care out of state.

Multiple clinics and doctors challenged Mr. Marshall’s comments in court, accusing him of threatening their First Amendment rights, as well as the constitutional right to travel. The Justice Department under the Biden administration had also weighed in with support for the clinics, arguing that “threatened criminal prosecutions violate a bedrock principle of American constitutional law.”

On Monday, the judge, Myron H. Thompson of the Middle District of Alabama, in Montgomery, ruled that Mr. Marshall would be violating both the First Amendment and the right to travel if he sought prosecution.

“It is one thing for Alabama to outlaw by statute what happens in its own backyard,” Judge Thompson, who was named to the court by President Jimmy Carter, wrote in his 131-page opinion.

“It is another thing,” he added, “for the state to enforce its values and laws, as chosen by the attorney general, outside its boundaries by punishing its citizens and others who help individuals travel to another state to engage in conduct that is lawful there but the attorney general finds to be contrary to Alabama’s values and laws.”

Judge Thompson described a hypothetical scenario in which a bachelor party from Alabama could be prosecuted for casino-style gambling in Las Vegas, which is illegal in Alabama.

“As the adage goes, be careful what you pray for,” he wrote.

Read the Alabama Judge’s Ruling

Travel to other states to obtain an abortion, or abortion pills, has significantly increased since the Supreme Court overturned Roe v. Wade. More than 171,000 patients traveled for an abortion in 2023, compared with 73,100 in 2019, according to the research organization Guttmacher Institute.

Mr. Marshall repeatedly defended his position in court, arguing that he retained the ability to prosecute a conspiracy that took place in Alabama and that the legality of abortion laws in other states did not matter. (He does not appear to have charged anyone in such a case.)

What matters to you in the South?After four years writing about Congress, Emily Cochrane is now covering the South for The Times. She is eager to learn about what makes life in this changing region distinct, and to talk to people whose lives have been directly affected by laws passed in Washington. 

“The right to travel, to the extent that it is even implicated, does not grant plaintiffs the right to carry out a criminal conspiracy simply because they propose to do so by purchasing bus passes or driving cars,” Mr. Marshall wrote in one filing.

Republican-led states, like Alabama, generally have the most restrictive abortion laws in the country. Some of those states are now taking legal steps to stop out-of-state efforts to help residents obtain abortions.

Louisiana, which passed a law last year designating abortion pills as dangerous controlled substances, has charged both a Louisiana mother and a New York doctor with violating the state’s abortion ban. (New York has declined to extradite the doctor.)

And this month, a New York county clerk blocked Texas from filing legal action against the same doctor. New York has an abortion shield law that prevents penalties against abortion providers who use telemedicine to send medications to other states.

The Alabama ruling could be appealed, as the judicial system continues to grapple with the fallout from Roe. In June, the Supreme Court temporarily allowed for emergency abortions in Idaho, though it did not weigh in directly on the state’s abortion ban.

Alabama, where voters approved a constitutional amendment in 2018 aimed at protecting the rights of unborn children, has been at the center of the debate over reproductive medicine and abortion access. It has one of the strictest abortion bans in the nation, with an exception only if the life of a pregnant woman is at risk. It also allows for doctors to be charged with felonies that carry sentences of up to 99 years in prison.

And its anti-abortion amendment was at the heart of a State Supreme Court decision last year that found that embryos could be considered children, a decision that briefly paralyzed fertility treatments in the state and thrust the issue of in vitro fertilization into the national spotlight.

The clinics that first challenged Mr. Marshall’s comments, in 2023, included the Yellowhammer Fund, an organization founded in Tuscaloosa that helps fund and support abortion access in the Deep South, and the West Alabama Women’s Center in Tuscaloosa, now known as WAWC Healthcare. The plaintiffs also included Dr. Yashica Robinson, an obstetrician-gynecologist in Huntsville.

In court filings, they said they either had stopped operating an abortion fund or had begun declining to answer questions about how patients could seek care out of state. Collectively, the plaintiffs still receive several calls a week asking for help; the court ruling on Monday put the figure at as many as 95 a week.

“Every day was agonizing,” said Kelsea McLain, the health care access director for the Yellowhammer Fund. The ruling, she said, brought “just an overwhelming sense of relief.”

“We are free to do exactly what we feel called to do, in ways that we are experts in,” she added. “People won’t be alone.”

Mr. Marshall’s office said it was “reviewing the decision to determine the state’s options.”

Notably, in a 2022 opinion concurring with the decision to overturn Roe, Justice Brett Kavanaugh wrote that he did not believe a state could constitutionally bar a resident from traveling for an abortion. Judge Thompson noted this in his ruling on Monday.

The entire story can be read at: 

https://www.nytimes.com/2025/03/31/us/politics/alabama-abortion-prosecution.html

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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/120008354894645705/4704913685758792985

———————————————————————————————

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;

—————————————————————————————————

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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