Alabama Gov. Kay Ivey’s commutation of Toforest Johnson’s death sentence preserves his murder conviction, replacing execution with life in prison without parole while his lawyers seek a new trial.
Ivey said the direct evidence did not justify an execution, while stressing that her decision was “not a determination of innocence.” Johnson’s murder conviction remains in place.
CBS News reported that Johnson was convicted in 1998 in the 1995 killing of Jefferson County Deputy Sheriff William Hardy, who was shot at a hotel while providing security outside his regular duties. Johnson has maintained that he was elsewhere at the time.
Jefferson County District Attorney Danny Carr supported a new trial in a 2024 court filing. Carr cited alibi witnesses he considered credible and questioned the prosecution’s key witness, CBS News reported. The woman testified that she overheard a man she believed was Johnson admit to the killing during a phone call.
The witness received $5,000 in 2001 for her testimony, CBS News reported. Johnson’s lawyers argued that the state withheld evidence of her financial incentive.
Johnson’s attorney Ty Alper said the defense would continue seeking to overturn the conviction and obtain a new trial.
