Alabama governor commutes death sentence, citing doubts over evidence
Toforest Johnson spent nearly 30 years on death row. Gov. Kay Ivey commuted his sentence to life in prison, stressing that her decision is not a finding of innocence.
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Alabama Gov. Kay Ivey has commuted Toforest Johnson's death sentence to life in prison without parole. Johnson was convicted of killing Jefferson County Deputy Sheriff William Hardy, who was shot in 1995 while working off-duty security at a Birmingham hotel. Ivey said she had concerns there was not enough direct evidence to carry out the most serious punishment, according to AP. Her decision, she said, "is not a determination of innocence." Hardy "died a hero," she said, Before acting, Ivey notified the victim's family and Attorney General Steve Marshall, WVTM 13 reported.
Johnson, who spent nearly 30 years on death row, maintains his innocence, and his lawyer vowed to keep fighting in court to overturn the conviction. He has the backing of current District Attorney Danny Carr, who wrote in 2024 that the evidence had "unraveled over 20 years." Carr points to alibi witnesses. The key prosecution witness, who said she overheard a confession, was paid $5,000 for her testimony in 2001, AP reported; Johnson's lawyers argue the state withheld evidence of that. A former state attorney general and two former Alabama chief justices also back a new trial.
Marshall had urged Ivey in an Oct. 16 letter to reject the clemency request and respect the jury's decision. Ivey stressed that capital punishment remains available in Alabama. According to AP, 27 executions have taken place under her governorship, while she has commuted three death sentences. Johnson was tried in 1998; he says he was across town at the time of the shooting.