Alabama Gov. Kay Ivey spares death row inmate, citing doubts about evidence

Montgomery, Ala. (AP) — Alabama Governor Kay Ivey on Tuesday granted a commutation of death sentence for inmate Toforest Johnson, following concerns from several former public officials and the current district attorney regarding the strength of his conviction. Johnson, who was convicted in 1995 of murdering Jefferson County Deputy Sheriff William Hardy, maintains his innocence, claiming he was in another location at the time of the shooting.

Ivey expressed her concerns, stating that there was insufficient direct evidence to proceed with the death penalty in this case. She explained that her decision was not a declaration of Johnson's innocence, but rather a recognition that the circumstances warranted a commutation of his death sentence to life imprisonment without the possibility of parole.

This marks the third commutation of a death sentence by Ivey, who has overseen 27 executions during her tenure. The current district attorney, Danny Carr, who is also a former prosecutor, has supported Johnson's request for a new trial, citing the unraveling of evidence over the past 20 years. Carr raised doubts about the credibility of the key prosecution witness, a woman who claimed to have eavesdropped on a phone call where she allegedly heard Johnson confess to the murder.

She was paid $5,000 for her testimony in 2001, which Johnson's lawyers argue was influenced by financial motivation. A number of former judges, prosecutors, and even a former Chief Justice have joined those advocating for a new trial for Johnson, citing the questionable nature of his original conviction more than two decades ago.