Alabama Governor Kay Ivey has commuted the death sentence of Toforest Johnson to life in prison without parole. The decision follows new concerns raised by the Jefferson County district attorney and several former judges regarding the evidence in his 1995 murder conviction.
Johnson, who has long maintained his innocence, was convicted for the killing of Jefferson County Deputy Sheriff William Hardy. He remains incarcerated at the Holman Correctional Facility. In a statement, Ivey said she had concerns that there was not enough direct evidence to carry out the death penalty. She clarified that her decision is not a determination of innocence, but a recognition that the circumstances justify the commutation.
Ivey, a Republican, has commuted the death sentences of three inmates since becoming governor in 2017. Her tenure, which will end in January due to term limits, has also overseen 27 executions. The clemency grant stands in contrast to the position of Alabama Attorney General Steve Marshall, who urged Ivey last week to reject the request and respect the jury's decision and court rulings.
The case involves the July 19, 1995, shooting of Hardy, who was working off-duty security outside a hotel in Birmingham. Hardy was shot twice in the head. Johnson stated he was on the other side of the city at the time of the shooting. Jefferson County District Attorney Danny Carr, elected in 2018, supported Johnson's call for a new trial. In a 2024 court filing, Carr wrote that the evidence in the case had unraveled over 20 years. He noted that credible alibi witnesses place Johnson in another area when the shooting occurred.
Carr also cited reasons to doubt the key prosecution witness. That witness testified during Johnson's 1998 trial that she overheard Johnson confess to the murder on a three-way phone call she was eavesdropping on. The witness received a $5,000 reward in 2001 for her assistance in the case. Johnson's lawyers stated that the state withheld evidence of this monetary incentive for her testimony.
The push for a new trial has attracted national attention and support from prominent lawyers, including the original prosecutor in the case, and celebrities such as Kim Kardashian. Several former judges and prosecutors have also backed the effort. These supporters include former Alabama Attorney General Bill Baxley and former Chief Justices of the Alabama Supreme Court Sonny Hornsby and Drayton Nabers, who have submitted briefs or written editorials in support of a new trial.
Ty Alper, one of Johnson's attorneys, said he and his client are grateful to Ivey for reviewing the case and sparing an innocent man from execution. Alper stated that they will continue to fight to overturn the conviction and grant Johnson a new trial until he is home with his family.