Ivey commutes death sentence of Toforest Johnson
The governor cited concerns over direct evidence as longtime advocates, including former prosecutors and officials, continued pushing for a new trial.
Governor Kay Ivey on Tuesday announced that she has commuted the death sentence of Toforest Johnson to life in prison without the possibility of parole.
Johnson was convicted and sentenced to death for the 1995 capital murder of Deputy Sheriff William Hardy, who was off duty and working security at a Birmingham hotel.
“In the 27 executions I have overseen, I have said we review each case with careful consideration, taking into account all the facts,” Ivey said in a statement announcing the decision. “When presented with Mr. Johnson’s case, I had concerns there was not enough direct evidence to carry out the most serious punishment, death. 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.
“Capital punishment is too important of a tool for Alabama to not approach it carefully and seriously. Mr. Johnson will serve the remainder of his life behind bars for the senseless murder of Deputy Sheriff William Hardy.”
Many groups and individuals have advocated for years to get Johnson off death row, although most of them have gone further and sought a new trial for Johnson. That includes former Alabama Governor Don Siegelman, who released a statement Tuesday continuing that push.
“The commutation of Toforest Johnson’s death sentence to life without parole does not negate the overwhelming evidence that he should be granted a new trial,” Siegelman said. “The only testimony used to convict Mr. Johnson was by someone the government paid $5,000 for her testimony. Forgetting about the other facts that show he wasn’t involved ... the fact the only witness that resulted in his conviction was paid for her testimony is itself enough to warrant a new trial.”
That testimony came from Violet Ellison, who said she overheard Johnson confessing to the murder on a phone call.
Johnson, 53, has spent the past 24 years of his life on death row. Notable figures including Johnson’s original trial prosecutor Jeff Wallace, former Alabama Attorney General Bill Baxley and former chief justice of the Alabama Supreme Court Drayton Nabers Jr. have all previously called for Johnson’s conviction to be overturned.
