User Panel
User Panel
User Panel
GA, USA
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Posted: 4/26/2024 7:45:14 PM EDT
[Last Edit: phungus]
I voted to send a man to death row. It turns out he is innocent. <<<<<<<<Linky To Story right here boys!
 By Monique Hicks (NOT ARF member phungus) This is a guest opinion column Twenty-five years ago, I sat in the jury box in a courtroom in Birmingham and voted for a man to die. The prosecutor, Jeff Wallace, asked me and my fellow jurors to convict the defendant, Toforest Johnson, of murder. Then he asked us to sentence Mr. Johnson to death. We did both. After the trial, I went home and returned to my daily life. I did not hear about Toforest Johnson again for more than two decades. But then I started seeing his case on the news. The Republican former Chief Justice and the former state Attorney General are calling for a new trial. Celebrities like Kim Kardashian are calling for a new trial. Even the District Attorney in Birmingham has called for a new trial. But one name jumped out at me from the chorus of people asking the court to give this case another look: Jeff Wallace. Yes - the very same prosecutor who stood in front of the jury, looked us in the eyes, and told us Toforest Johnson was guilty and deserved to die. He has publicly called for a new trial. He has said that if he had the power to order a new trial, he would do it today. I have always thought, and still believe, that our justice system is supposed to bring closure, but here it seems as though the tragedy only continues to grow. My heart aches thinking of the things I did not know when I was a juror. There was no physical evidence against Mr. Johnson and no eyewitnesses claimed to see him at the scene of the crime. I joined the other jury members in voting to convict based on the testimony of one witness, a woman who claimed that she overheard him confess to the crime during a three-way-call that she eavesdropped on. Our decision relied so heavily on this witness’s credibility, but now I know something critical was hidden from Mr. Johnson’s legal team for nearly 20 years: this witness was paid $5,000 for her testimony. It turns out that she was the state’s witness in many other cases as well, and we never knew about it.  Damn… Ok.. for those of you confused, disoriented, hungover or still drinking from last night… I didn’t write the article. |
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TX, USA
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Posted: 4/26/2024 7:53:10 PM EDT
[Last Edit: ag04blast]
[#1]
DAs have litterally no concern for justice. The fact that a case that soft was even brought to trial proves that fact. Throw on a jury of morons who should have never convicted the dude and what do you get.....
The American justice system....yay. Edit. I'll add I believe in the death penalty in theory but I have zero trust in the government and even less in a jury. |
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Posted: 4/26/2024 7:56:51 PM EDT
[#2]
This is why my support for the death penalty is wavering. I have 0 trust in any of our government, so it makes no sense to to let them make those sorts of decisions. If I guy kills people on camera and admits it, and there are witnesses to back it up, then I guess I’m ok with it. Other than that, I think I’m out of support for the death penalty
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Posted: 4/26/2024 7:57:36 PM EDT
[#3]
That’s a Hell of a post and something to live with.
Two observations; 1) This is why Government can never be trusted with a man’s life. I believe in an eye for an eye but the “Justice” System simply cannot be trusted to not be corrupt. The kangaroo trial of Trump is proof of that! 2) Toforest Johnson may or may not truly be guilty for the crime he was convicted of BUT I am betting he is no angel and is probably guilty of something he deserves to serve time for. Making bad choices in life has a way of catching up tp you in one way or the other. IDK, maybe I’m wrong  If this is really eating at you, maybe start writing letters to…well everyone, explaining how much faith you had placed in this now discredited witness. |
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Posted: 4/26/2024 7:59:18 PM EDT
[#4]
Death penalty should be reserved for cases where the evidence is irrefutable.
Not a “witness heard it” without physical evidence. Longer read: https://www.washingtonpost.com/opinions/2019/09/05/an-alabama-man-has-been-death-row-years-he-is-almost-certainly-innocent/ |
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Posted: 4/26/2024 8:02:10 PM EDT
[#5]
If the state thinks he's innocent, why are they asking for a new trial?
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Posted: 4/26/2024 8:03:26 PM EDT
[#6]
This is why I no longer support the death penalty. The government has lost my trust. How would you live with yourself?
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Posted: 4/26/2024 8:05:55 PM EDT
[#7]
Quote HistoryOriginally Posted By Never_A_Wick: Death penalty should be reserved for cases where the evidence is irrefutable. Not a “witness heard it” without physical evidence. Longer read: https://www.washingtonpost.com/opinions/2019/09/05/an-alabama-man-has-been-death-row-years-he-is-almost-certainly-innocent/ Agreed. Sentencing someone to death based something somebody allegedly heard is fucken terrifying. Holy shit. |
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TN, USA
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Posted: 4/26/2024 8:05:58 PM EDT
[#8]
No murder weapon.
No eye witness. Only circumstantial evidence. I will not send a man to prison. Better a guilty man go free than an innocent man go to prison. |
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TN, USA
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Posted: 4/26/2024 8:08:15 PM EDT
[#9]
"this witness was paid $5,000 for her testimony. It turns out that she was the state’s witness in many other cases as well, and we never knew about it."
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Posted: 4/26/2024 8:09:45 PM EDT
[#10]
The vast majority of people who are wrongly convicted are still very very guilty of lots of other stuff.
I guess let’s hope this is the case. Either way, you worked with the information you had at the time, and it’s hard to fault you for that. |
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Posted: 4/26/2024 8:10:10 PM EDT
[#11]
If the state believed he was innocent, the state would not be saying they would re-try the case today.
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Posted: 4/26/2024 8:14:06 PM EDT
[#12]
Quote HistoryOriginally Posted By Makarov: That’s a Hell of a post and something to live with. Two observations; 1) This is why Government can never be trusted with a man’s life. I believe in an eye for an eye but the “Justice” System simply cannot be trusted to not be corrupt. The kangaroo trial of Trump is proof of that! 2) Toforest Johnson may or may not truly be guilty for the crime he was convicted of BUT I am betting he is no angel and is probably guilty of something he deserves to serve time for. Making bad choices in life has a way of catching up tp you in one way or the other. IDK, maybe I’m wrong If this is really eating at you, maybe start writing letters to…well everyone, explaining how much faith you had placed in this now discredited witness. That's the mindset cops have when framing people... disgusting. |
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Posted: 4/26/2024 8:14:55 PM EDT
[#13]
This is why I no longer support the death penalty.
No because I don't think a murderer should live, but because our system is run by people. Even honest people are fallible from time to time. And some people just don't give a damn as long as their numbers look good. |
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WA, USA
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Posted: 4/26/2024 8:15:01 PM EDT
[#14]
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USA
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Posted: 4/26/2024 8:15:06 PM EDT
[#15]
Quote HistoryOriginally Posted By L_JE: If the state believed he was innocent, the state would not be saying they would re-try the case today. Yeah, and a lot of those who get a new trial 20 years down the road have an easier go of it when witnesses are dead or can't be bothered, the detectives and original prosecutors are retired, dead, or senile and certainly won't recall all the details... |
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Posted: 4/26/2024 8:18:35 PM EDT
[#16]
Quote HistoryOriginally Posted By ag04blast: DAs have litterally no concern for justice. The fact that a case that soft was even brought to trial proves that fact. Throw on a jury of morons who should have never convicted the dude and what do you get..... The American justice system....yay. Edit. I'll add I believe in the death penalty in theory but I have zero trust in the government and even less in a jury. |
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GA, USA
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Posted: 4/26/2024 8:19:22 PM EDT
[#17]
I’d like to know who paid the $5000?
Prosecutors office? The cops? Some bullshit task force? Who? |
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Posted: 4/26/2024 8:19:58 PM EDT
[Last Edit: yankee43]
[#18]
I was a Cop for more than 30 years.
I was in favor of the death penalty until about half way through my career. I am no longer in favor of the death penalty because I saw first-hand that not all Cops are playing for the same team. And though numbers of corrupt Cops, Judges, and Prosecutors is extraordinarily low, a single one can send an innocent person to prison and/or death row, and I find that unacceptable under any and all circumstances. Just look at what’s happened with the DOJ in the last few years. |
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Posted: 4/26/2024 8:20:10 PM EDT
[#19]
OP is quoting an article, it's not his own story
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Posted: 4/26/2024 8:20:16 PM EDT
[#20]
Quote HistoryOriginally Posted By Antero: This is why I no longer support the death penalty. The government has lost my trust. How would you live with yourself? Are you an absolutist? How about for somebody who shoots up a school and kills a bunch of kids? Along with dozens of eye witnesses and physical evidence of their guilt? |
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Posted: 4/26/2024 8:21:20 PM EDT
[#21]
This is why jurors need to take the judge’s instructions, fold them up with neat corners, and shove them right back up the judge’s ass.
The state presented no evidence. |
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SC, USA
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Posted: 4/26/2024 8:21:24 PM EDT
[#22]
Quote HistoryOriginally Posted By ag04blast: DAs have litterally no concern for justice. The fact that a case that soft was even brought to trial proves that fact. Throw on a jury of morons who should have never convicted the dude and what do you get..... The American justice system....yay. Edit. I'll add I believe in the death penalty in theory but I have zero trust in the government and even less in a jury. I think the "jury of peers" is probably as much of a problem as universal sufferage. When it comes down to it, people are not equal, and especially the judicial/jury system tries to get people who are most easily swayed by a flashy attorney as opposed to having the intelligence to actually understand a case. I've thought for a while that the jury should be professional, trained in at least a background of law, forensics, whatever is involved in the cases they hear. It has to be better than a jury of people who think life is like CSI where exact DNA matches are followed by a commercial break and then a teary confession. |
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Posted: 4/26/2024 8:21:34 PM EDT
[#23]
Quote HistoryOriginally Posted By dbrad197: This is why my support for the death penalty is wavering. I have 0 trust in any of our government, so it makes no sense to to let them make those sorts of decisions. If I guy kills people on camera and admits it, and there are witnesses to back it up, then I guess I’m ok with it. Other than that, I think I’m out of support for the death penalty I stopped supporting the death penalty when I stopping recognizing this governments authority to take a citizens life. |
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Posted: 4/26/2024 8:22:10 PM EDT
[#24]
Quote HistoryOriginally Posted By ACDer: OP is quoting an article, it's not his own story Shut up. OP is a woman, and it's still real to me, damn it. |
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USA
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Posted: 4/26/2024 8:22:42 PM EDT
[#25]
OP, is this you who wrote this, because your post really makes it sound like you are the one saying all of this, but there is a link to an op-ed piece, which makes me think it is not you. You might want to clarify.
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TN, USA
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Posted: 4/26/2024 8:22:57 PM EDT
[#26]
Quote HistoryOriginally Posted By BMSMB: That's the mindset cops have when framing people... disgusting. Agreed. Absolutely disgusting. |
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Posted: 4/26/2024 8:24:16 PM EDT
[#27]
Quote HistoryOriginally Posted By ag04blast: DAs have litterally no concern for justice. The fact that a case that soft was even brought to trial proves that fact. Throw on a jury of morons who should have never convicted the dude and what do you get..... The American justice system....yay. Edit. I'll add I believe in the death penalty in theory but I have zero trust in the government and even less in a jury. They only care about winning. I don't have an emotional objection to the death penalty, I just don't trust the government to get it right. |
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Posted: 4/26/2024 8:24:36 PM EDT
[Last Edit: LineOfDeparture]
[#28]
Originally Posted By phungus: I voted to send a man to death row. It turns out he is innocent. Twenty-five years ago, I sat in the jury box in a courtroom in Birmingham and voted for a man to die. The prosecutor, Jeff Wallace, asked me and my fellow jurors to convict the defendant, Toforest Johnson, of murder. Then he asked us to sentence Mr. Johnson to death. We did both. After the trial, I went home and returned to my daily life. I did not hear about Toforest Johnson again for more than two decades. But then I started seeing his case on the news. The Republican former Chief Justice and the former state Attorney General are calling for a new trial. Celebrities like Kim Kardashian are calling for a new trial. Even the District Attorney in Birmingham has called for a new trial. But one name jumped out at me from the chorus of people asking the court to give this case another look: Jeff Wallace. Yes - the very same prosecutor who stood in front of the jury, looked us in the eyes, and told us Toforest Johnson was guilty and deserved to die. He has publicly called for a new trial. He has said that if he had the power to order a new trial, he would do it today. I have always thought, and still believe, that our justice system is supposed to bring closure, but here it seems as though the tragedy only continues to grow. My heart aches thinking of the things I did not know when I was a juror. There was no physical evidence against Mr. Johnson and no eyewitnesses claimed to see him at the scene of the crime. I joined the other jury members in voting to convict based on the testimony of one witness, a woman who claimed that she overheard him confess to the crime during a three-way-call that she eavesdropped on. Our decision relied so heavily on this witness’s credibility, but now I know something critical was hidden from Mr. Johnson’s legal team for nearly 20 years: this witness was paid $5,000 for her testimony. It turns out that she was the state’s witness in many other cases as well, and we never knew about it. Damn… Maybe lead with, "I'm just qouting an article." |
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Posted: 4/26/2024 8:26:23 PM EDT
[#29]
Originally Posted By phungus: I have always thought, and still believe, that our justice system is supposed to bring closure, but here it seems as though the tragedy only continues to grow. My heart aches thinking of the things I did not know when I was a juror. There was no physical evidence against Mr. Johnson and no eyewitnesses claimed to see him at the scene of the crime. I joined the other jury members in voting to convict based on the testimony of one witness, a woman who claimed that she overheard him confess to the crime during a three-way-call that she eavesdropped on. Our decision relied so heavily on this witness’s credibility, but now I know something critical was hidden from Mr. Johnson’s legal team for nearly 20 years: this witness was paid $5,000 for her testimony. It turns out that she was the state’s witness in many other cases as well, and we never knew about it. Damn… There are some people who deserve to be on death row, and it's not who was convicted here. I do wonder why there isn't one person on a jury that isn't that gullible. I guess those are the people who scheme their way out of jury duty and/or get rejected from the process. |
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LA, USA
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Posted: 4/26/2024 8:27:55 PM EDT
[#30]
The justice system is anything but just. The fact that the state can throw everything at you along with lesser charges, has unlimited resources, and that most people believe the state would never try an innocent person leaves most anyone at a disadvantage.
The suppression of evidence I’ve seen in cases is pretty damning that they can hide exculpatory evidence and there is little to no corrective action to it. |
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Posted: 4/26/2024 8:28:33 PM EDT
[Last Edit: pr24guy]
[#31]
Jury issuing a sentence, huh?
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GA, USA
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Posted: 4/26/2024 8:28:55 PM EDT
[#32]
Quote HistoryOriginally Posted By L_JE: Shut up. OP is a woman, and it's still real to me, damn it.  
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GA, USA
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Posted: 4/26/2024 8:29:47 PM EDT
[#33]
Quote HistoryOriginally Posted By DADGAD: OP, is this you who wrote this, because your post really makes it sound like you are the one saying all of this, but there is a link to an op-ed piece, which makes me think it is not you. You might want to clarify. No… it’s not me it’s the linked story. |
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MI, USA
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Posted: 4/26/2024 8:31:39 PM EDT
[#34]
The whole "Rather be judged by 12 than carried by 6" is BS.
People are freaking stupid and putting your fate in their hands is not always a smart decision. Ever since COVID people have become more exponentially dumb. What I have learned over the years is once your on the hook they don't want to be wrong so the "Show me a man and I'll show you the crime" holds truth. I've posted this here before. I have two attorney friends and they both says lawyers are cockroaches. (Don't forget judges are lawyers too.) |
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Posted: 4/26/2024 8:31:55 PM EDT
[#35]
Seems like a good guy.
A 22 year old called his 15 year old girlfriend and was going to check into a hotel, when stopped by the popo. None of the witnesses testified about an alibi. Why is that? Most of the witnesses are all dead now. Payment received to the primary witness YEARS later, in 2001. The article does not discuss any police interviews of anyone of the people that were arrested. I wonder why. |
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Posted: 4/26/2024 8:32:51 PM EDT
[#36]
Quote HistoryOriginally Posted By dbrad197: This is why my support for the death penalty is wavering. I have 0 trust in any of our government, so it makes no sense to to let them make those sorts of decisions. If I guy kills people on camera and admits it, and there are witnesses to back it up, then I guess I’m ok with it. Other than that, I think I’m out of support for the death penalty This is kinda where I stand, and for the situations like Nikolas Cruz.....trial taken a day and totally done using tax payer money to keep the guy alive by the end of the week. |
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USA
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Posted: 4/26/2024 8:33:01 PM EDT
[#37]
Such is the problem. With the legal system and the death penalty... you are only given the evidence that THEY want you to see.
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USA
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Posted: 4/26/2024 8:34:10 PM EDT
[#38]
Quote HistoryOriginally Posted By dbrad197: This is why my support for the death penalty is wavering. I have 0 trust in any of our government, so it makes no sense to to let them make those sorts of decisions. If I guy kills people on camera and admits it, and there are witnesses to back it up, then I guess I’m ok with it. Other than that, I think I’m out of support for the death penalty The solution is death penalty for prosecutor misconduct. |
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Posted: 4/26/2024 8:34:15 PM EDT
[#39]
 
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SGP
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Posted: 4/26/2024 8:34:30 PM EDT
[#40]
Quote HistoryOriginally Posted By dbrad197: This is why my support for the death penalty is wavering. I have 0 trust in any of our government, so it makes no sense to to let them make those sorts of decisions. If I guy kills people on camera and admits it, and there are witnesses to back it up, then I guess I'm ok with it. Other than that, I think I'm out of support for the death penalty |
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Posted: 4/26/2024 8:35:08 PM EDT
[#41]
Where the state believes the incarcerated person is innocent, the state goes through motions to have the conviction vacated, dismissal of charges, some sort of adjudication of wrongful conviction and assertion of innocence, and so forth.
Sometimes, an appeal will result in the overturning of a conviction, but the state will reserve the ability to re-file charges on the exact same matter - the incarcerated person goes free, but it is not an exoneration, though the media may tout it as such. |
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KS, USA
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Posted: 4/26/2024 8:35:26 PM EDT
[#42]
Miss juror was an idiot for voting to convict on such weak evidence.
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SC, USA
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Posted: 4/26/2024 8:36:35 PM EDT
[#43]
I heared stories from the 70s and 80s about The StatesProsecution using bogus witnesses to get convictions. Fake eyewitness, expert witnesses, etc. Sometimes the same person in several cases. It was common in the 70s and 80s.
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Posted: 4/26/2024 8:36:37 PM EDT
[#44]
Quote HistoryOriginally Posted By fssf158: Miss juror was an idiot for voting to convict on such weak evidence. Was my first thought... She just went with the crowd. Thanks, "Juror". |
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Posted: 4/26/2024 8:37:20 PM EDT
[Last Edit: bikertrash]
[#45]
Quote HistoryOriginally Posted By Kuhndog: The justice system is anything but just. The fact that the state can throw everything at you along with lesser charges, has unlimited resources, and that most people believe the state would never try an innocent person leaves most anyone at a disadvantage. The suppression of evidence I’ve seen in cases is pretty damning that they can hide exculpatory evidence and there is little to no corrective action to it. What about the people who sentenced a guy to death with: No evidence No eyewitness "I heard him confess during a 3 person phone call I wasn't supposed to be listening to"? I more than a little concerned about the type of jurors that would convict on so little, not to mention suspicious "evidence and questionable testimony". WOW!! Edited: Quoted the wrong post, removed that part. My point still stands on the remaining post. |
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Posted: 4/26/2024 8:37:46 PM EDT
[#46]
Quote HistoryOriginally Posted By phungus: I’d like to know who paid the $5000? Prosecutors office? The cops? Some bullshit task force? Who? She came forward persuant to the offer of a reward. The payment came from the State of Alabama and was signed off by the judge. The prosecution told the jury that she was there because of her conscience. The article I linked has a fair amount of detail in it. Normally I think the justice system works pretty good but it does appear that this guy may have gotten fucked. At the least I think a new trial is in order if it’s a chance that he can live what’s left of his life out of prison. |
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Posted: 4/26/2024 8:38:02 PM EDT
[#47]
Quote HistoryOriginally Posted By ag04blast: DAs have litterally no concern for justice. The fact that a case that soft was even brought to trial proves that fact. Throw on a jury of morons who should have never convicted the dude and what do you get..... The American justice system....yay. Edit. I'll add I believe in the death penalty in theory but I have zero trust in the government and even less in a jury. @ag04blast I was in LE for almost 30 years and was our agencies charging liaison to the city/county DA's office. You are about 75% correct in your assertation. There are some decent ones, but the pressure from the DA for clearing cases and getting convictions is strong. For most DA's, it's all about the numbers unfortunately. |
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Posted: 4/26/2024 8:39:09 PM EDT
[#48]
Quote HistoryOriginally Posted By Makarov: That’s a Hell of a post and something to live with. Two observations; 1) This is why Government can never be trusted with a man’s life. I believe in an eye for an eye but the “Justice” System simply cannot be trusted to not be corrupt. The kangaroo trial of Trump is proof of that! 2) Toforest Johnson may or may not truly be guilty for the crime he was convicted of BUT I am betting he is no angel and is probably guilty of something he deserves to serve time for. Making bad choices in life has a way of catching up tp you in one way or the other. IDK, maybe I’m wrong If this is really eating at you, maybe start writing letters to…well everyone, explaining how much faith you had placed in this now discredited witness. See, your 2nd observation is what I think a lot of prosecutors believe, where they could care less if the person is actually guilty of the crime they are prosecuting him/her for.... Look, "due process", IMO, is vital to our so-called "justice" system - where people should have a right to be heard and a fair trial, regardless if they are the scum of the earth. Wait till you're on the receiving end of a due process violation, and you'll "get it". |
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Posted: 4/26/2024 8:40:06 PM EDT
[#49]
Quote HistoryOriginally Posted By phungus: Sing along with me, OP: I am an old woman, named after my mother, ... |
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KS, USA
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Posted: 4/26/2024 8:40:11 PM EDT
[#50]
Quote HistoryOriginally Posted By cavedog: This is why I no longer support the death penalty. No because I don't think a murderer should live, but because our system is run by people. Even honest people are fallible from time to time. And some people just don't give a damn as long as their numbers look good. Require physical evidence and reserve the death penalty for repeat offenders. Some people really do need killing. |
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