Alabama Governor Kay Ivey commuted a Black man’s death sentence to life in prison without parole on Tuesday (October 20), citing concerns about evidence used to convict him of a 1995 murder.
According to The Associated Press, Toforest Johnson, 53, was convicted of killing Jefferson County Deputy Sheriff William Hardy, who was shot twice in the head on July 19, 1995, while working off-duty security at a Birmingham hotel.
Johnson’s first trial ended with a deadlocked jury. In 1998, a second jury convicted him and sentenced him to death.
He has consistently maintained his innocence, saying he was across town when Hardy was killed.
The Washington Post reported that the conviction relied heavily on testimony from a woman who said she overheard Johnson confess to the killing during a phone call.
She received $5,000 in reward money in 2001, but Johnson’s attorneys argue prosecutors failed to disclose the payment to his defense team.
In 2020, Jefferson County District Attorney Danny Carr called for a new trial after reviewing the case. According to the AP, Carr wrote in a 2024 court filing that the evidence had “unraveled over 20 years.”
Former prosecutors, judges and some jurors have also supported efforts to secure a new trial, the Post reported.
Ivey said her decision was not a declaration of innocence but reflected concerns that there was insufficient direct evidence to justify execution, according to the AP.
Johnson’s conviction remains in place. His attorney, Ty Alper, told the AP that his legal team will continue fighting to overturn it and secure a new trial.
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