Governor spares death-row inmate after raising doubts about evidence
FILE-Alabama Gov. Kay Ivey participates in the homecoming ceremonies at halftime of the game between South Alabama Jaguars and Auburn Tigers at Jordan-Hare Stadium on September 13, 2025 in Auburn, Alabama. (Photo by Stew Milne/Getty Images)
Alabama Gov. Kay Ivey commuted the death sentence of a death-row inmate following former public officials and the current district attorney raised suspicions about his conviction.
Ivey told The Associated Press she was commuting Toforest Johnson’s death sentence to life in prison without parole.
RELATED: Christa Pike now 'up and walking,' lawyer says: What's next?
The governor has overseen 27 executions during her tenure. Ivey commuted the death sentences of three death row inmates, the AP reported.
Who is Toforest Johnson?
The backstory:
Toforest Johnson was convicted of the 1995 murder of Jefferson County Deputy Sheriff William Hardy. The Associated Press reported that Johnson has long maintained he is innocent.
Hardy was shot twice in the head while working off-duty security at a hotel. Johnson maintained he was on the other side of town at the time of the shooting.
RELATED: Oklahoma death row inmate released from prison after 30 years, awaiting retrial
Jefferson County District Attorney Danny Carr, who was elected in 2018, has supported Johnson’s bid for a new trial. Carr wrote in a 2024 court filing that the "evidence in this case has unraveled over 20 years."
The AP reported that Carr stated in 2024 that credible alibi witnesses place Johnson elsewhere at the time of the shooting.
Carr also explained to the AP that there are various reasons to question the key prosecution witness.
According to the AP, the key prosecution witness at Johnson's 1998 trial testified that, was a woman who claimed while eavesdropping on a phone call, she heard a man she believed was Johnson admitting to the crime.
In 2001, the woman was paid $5,000 for her testimony, and Johnson’s attorneys contend that the State of Alabama withheld evidence of monetary motivation for the testimony.
What they're saying:
Ty Alper, one of Johnson’s lawyers, told the AP they are grateful to Gov. Kay Ivey for "diligently reviewing Toforest’s case and taking action to spare an innocent man from execution." Alper said the fight to overturn Johnson’s conviction will continue.
The Source: Information for this story was provided by The Associated Press, which cites comments from Alabama Gov. Kay Ivey, Ty Alper, one of Toforest Johnson’s lawyers about the case, and Jefferson County District Attorney Danny Carr. This story was reported from Washington, D.C.