Toforest Johnson, who spent nearly three decades on Alabama's death row for the 1995 murder of a deputy, has had his death sentence commuted to life imprisonment without parole. Governor Kay Ivey made the decision on Tuesday, October 20, after reviewing the case and concluding there was insufficient direct evidence to carry out the death penalty. However, his conviction remains in place.
Murder conviction and lack of physical evidence
Johnson was sentenced to death in 1998 for the murder of Jefferson County Deputy William Hardy, who was shot twice in the head while working off-duty security at a hotel. Johnson has always maintained he was at a nightclub when the shooting occurred. No physical evidence linked him to the killing, and more than 10 witnesses placed him on the other side of town.
A key witness at his trial testified she overheard a man she believed was Johnson admitting to the crime during a phone call. She was paid $5,000 in 2001 for her testimony. Johnson's lawyers argued that the state withheld evidence of her financial motivation.
Governor's decision and reactions
Governor Ivey stressed that her decision was not a finding of innocence. She said: "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."
Johnson's daughter, Akeriya Terry, who has fought for years to save her father, reacted with tears of joy. She said: "I was like, OK, somebody's listening. We're making some moves, we're making some waves." She added: "I'm going to cry, because that's what we've been saying this whole time, there's nothing there that would tie him to this case."
Calls for a new trial and legal battles
Jefferson County district attorney Danny Carr and the original trial prosecutor Jeff Wallace both support a new trial for Johnson. Former Alabama Attorney General Bill Baxley and former chief justices Sonny Hornsby and Drayton Nabers have also backed calls for a new trial, along with other former judges and prosecutors.
However, Alabama Attorney General Steve Marshall urged Ivey to reject the clemency request in an October 16 letter, calling on her to "respect the jury's decision" and the decisions of the courts that had reviewed the case.
Ty Alper, one of Johnson's attorneys, said they were grateful to Ivey for "diligently reviewing Toforest's case and taking action to spare an innocent man from execution." Alper added: "Toforest Johnson is innocent. Now it is up to the courts to overturn his conviction and grant him a new trial. We will keep fighting until he is home with his family."
Kim Kardashian also welcomed the commutation, writing on Instagram: "Today, Toforest Johnson's death sentence was commuted to life without parole after decades on Alabama's death row. I'm so grateful that Toforest will no longer face execution, but his fight for justice is far from over." She thanked his legal team for their years of work on the case.
For the family, the commutation lifted the fear of an execution date being set. Terry, who was a young girl when her father went to prison, said their relationship has continued through visits, phone calls, and letters. She praised him for being an active father despite his imprisonment, saying: "If I have a problem, I can call him and he can just talk me off the ledge. Having a father in prison but still be an active father is something I just praise him the most for."
Terry has followed a ritual of blowing a kiss whenever she sees a redbird, wishing for her father's freedom. She said: "Just look at a redbird still and just keep hope alive. Just praying and wishing that all of this will come to an end soon - my wish is making its way, because we're almost to the finish line." She added: "It's been a long fight, and this is just the beginning, getting this news today, so we're going to keep fighting."
