Ivey Commutes Toforest Johnson’s Death Sentence
Governor cites doubts about the evidence; Johnson will serve life without parole as his lawyers press for a new trial
TL;DR: Ivey has spared Toforest Johnson from execution, citing concerns about the evidence in the 1995 killing of Deputy William Hardy. His conviction stands, and he will serve life without parole while his lawyers continue seeking a new trial.
On Tuesday, Governor Kay Ivey commuted Toforest Johnson’s death sentence to life in prison without parole, citing concerns about the evidence in a murder case that has drawn years of scrutiny.
Johnson was sentenced to death in 1998 for the 1995 killing of Jefferson County Deputy Sheriff William Hardy. He has long maintained his innocence. Ivey’s Oct. 20 decision spares him from execution but leaves his conviction intact, as The Cullman Tribune reported.
“When presented with Mr. Johnson’s case, I had concerns there was not enough direct evidence to carry out the most serious punishment, death,” Ivey said in a statement carried by WSFA.
The Governor stressed that her decision did not amount to a finding of innocence. She said Johnson would remain behind bars and offered prayers for Hardy’s loved ones. Ivey also reaffirmed her support for capital punishment while saying the State must use it with care.
Hardy was killed July 19, 1995, while working off-duty security at the Crown Sterling Suites hotel in Birmingham. A 23-year law enforcement veteran, he was shot in the hotel parking lot. Ivey notified a designated representative of his family and Attorney General Steve Marshall before commuting Johnson’s sentence.
At the heart of the case is testimony from Violet Ellison, who said she overheard a man named Toforest confess during a three-way phone call. Ellison later received a $5,000 State reward. Johnson’s lawyers say the payment was not disclosed to the defense and could have been used to challenge her credibility, as the Alabama Reflector reported.
Multiple witnesses placed Johnson across town when Hardy was killed. Prosecutors also offered different accounts of who fired the shots during separate trials of Johnson and co-defendant Ardragus Ford. Ford was acquitted at his second trial; Johnson was convicted at his second trial.
Calls for a fresh review have crossed political and legal lines. Jefferson County District Attorney Danny Carr has sought a new trial. Former Alabama Attorney General Bill Baxley and former Alabama Chief Justice Drayton Nabers have also urged relief. The Attorney General’s office has opposed another hearing, arguing that Johnson’s claims have already been raised.
Johnson’s legal team welcomed Ivey’s action but said its work will continue. His lawyer, Ty Alper, said the next goal is to overturn the conviction and win a new trial, with the aim of bringing Johnson home to his family. Johnson remains at Holman Prison in Atmore.
