Alabama governor commutes death sentence of inmate who spent 28 years on death row

Alabama Gov. Kay Ivey commuted the death sentence of Toforest Johnson on October 20, replacing it with life imprisonment without the possibility of parole after he spent 28 years on death row.

Ivey said she had doubts about whether sufficient direct evidence existed to justify the death penalty in Johnson’s case.

“When I was presented with Mr. Johnson’s case, I had doubts that there was sufficient direct evidence to impose the ultimate punishment of death,” the governor said in a statement.

Johnson was convicted in 1998 of murdering sheriff’s deputy William Hardy, who was killed on July 19, 1995, at a hotel in Birmingham, Alabama.

Several witnesses reportedly submitted sworn statements saying they saw Johnson on the other side of the city at the time of the killing, away from the crime scene.

The case has faced decades of scrutiny over prosecutors’ conduct and the credibility of key witness Violet Ellison. She received a $5,000 reward from the state after providing information about an alleged three-way phone call in which Johnson supposedly confessed to the crime. Prosecutors did not disclose the payment to the defense team.

Johnson’s case was tried twice, and a jury recommended the death penalty by a 10-2 vote. His attorney, Ty Alper, has consistently maintained his client’s innocence and said the legal team will continue fighting to overturn the conviction and obtain a new trial.

Ivey stressed that her decision was not a declaration of Johnson’s innocence.

“This is not a declaration of innocence, but a recognition that the circumstances of this case warrant commuting his death sentence to life imprisonment without the possibility of parole,” she said.

The commutation is the third death sentence Ivey has reduced during her tenure. The report states that she has overseen 27 executions, the highest number of any Alabama governor since capital punishment was reinstated in 1983.