Toforest Johnson death sentence commuted to life in Montgomery case
Alabama Gov. Kay Ivey commuted the death penalty of Toforest Johnson to life without parole in Montgomery on Tuesday. The executive action spares Johnson from execution following mounting questions about his 1998 murder conviction. Johnson was convicted of the 1995 murder of Jefferson County Deputy Sheriff William Hardy.
Johnson has long maintained he is innocent. Hardy was shot twice in the head. He was working off-duty security at a hotel. Johnson stated he was on the other side of town during the shooting.
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.
Ivey stated her concerns directly. She has overseen 27 executions as governor. She has commuted the death sentences of three death row inmates.
Ty Alper, an attorney for Johnson, said the defense team is grateful to Ivey. He said they are thankful for her action to spare an innocent man from execution.
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.
Alper said the fight to overturn the conviction will continue in court. The long-running legal effort has garnered national attention. It was also the subject of a podcast.
Jefferson County District Attorney Danny Carr was elected in 2018. Carr has supported the bid for a new trial. He wrote in a 2024 court filing that the evidence has unraveled over 20 years.
Carr said in 2024 that credible alibi witnesses place Johnson elsewhere during the crime. He said there are multiple reasons to doubt the key prosecution witness. That witness claimed she overheard a confession on a three-way call.
The witness testified she eavesdropped on a phone call. She believed the man confessing was Johnson. The witness received $5,000 in 2001 for her testimony. Lawyers argue the state withheld evidence of that monetary motivation.
Several former officials submitted briefs or wrote editorials supporting a new trial for Johnson:
- Former Alabama Attorney General Bill Baxley
- Former Chief Justice Sonny Hornsby
- Former Chief Justice Drayton Nabers
- Several former judges and prosecutors
Alabama Attorney General Steve Marshall opposed the action in Montgomery. Marshall urged Ivey in an Oct. 16 letter to reject the clemency request. He asked her to respect the jury and reviewing courts.
Executive clemency allows a governor to reduce a criminal sentence after judicial appeals conclude. A commutation alters the punishment without overturning the underlying legal verdict. Further relief requires separate action through the court system.
Defense lawyers will continue their effort in court. They seek a new trial.
