She stated that Jane Baird, another bank teller, gave him all the money from her drawer and that Jill Tapscott gave the man travelers checks. See Wilhite v. State, 485 So. Thus, the appellant claims that this tally should raise a reasonable doubt as to the validity of the jury verdict. There his beaten body hung from the tree until all life left it. Frazier v. State, 528 So. Officer Yester stated that, after she finished her duties at the branch office, she went to the Southern Motor Inn Motel where appellant had been apprehended. The objective of ComebackTown is to create conversations that encourage people to talk about the good and bad of our region to make our future better. 2d 198, at 204 (1970), quoting Mitchell v. Johnson, 250 F. Supp. It has also been held in Alabama that a `mistrial is no trial' and, therefore, that retrial would not place a defendant in double jeopardy. Following his conviction in 1985, the jury recommended a sentence of life without parole. Cumbo v. State, 368 So. ), affirmed, 457 So. 2d 645, 663 (Ala.1980), the trial court sentenced the appellant to life without parole. You're all set! Both concluded that Michael Donald was hung as a result of a drug deal gone bad. Dr. King hoped we would use different criteria to judge other INDIVIDUALS. Yet today, things have changed, and change needed to come at that time. Hunter v. Underwood, supra, 471 U.S. at 227, 105 S. Ct. at 1920, 85 L. Ed. After two mistrials in the homicide case, the Jefferson County District Attorney's office proceeded with the robbery charge against appellant and the Honorable Orson L. Johnson was appointed on January 16, 1981, to represent appellant in this cause. The history we now want is the history of how we got past this horror. 2d 547 (Ala.Cr.App.1984). As to the trial court's refusal to grant a continuance because of pre-trial publicity concerning other crimes involving police, the record indicates that the defense counsel's motion was based on a killing of a police officer and an attempt to shoot an officer, both of which occurred shortly before this trial, and a prosecution of a Ku Klux Klan member for the killing of a black man, which was purportedly motivated by the jury's inability to reach a verdict in the defendant's three prior trials. [1] "`The registrars' expert estimated that by January 1903 182 had disfranchised approximately ten times as many blacks as whites. The appellant argues that the trial court erred in excepting the victim's widow from the rule. Because of the untimeliness of the objection and the trial court's action in instructing the jurors, the appellant's motion was properly denied. 2d 142 (1982) to argue in his brief that "when faced with the question of the propriety of a grant or a denial of a continuance for the purpose of producing a defense witness, the proper question is not whether the trial judge abused his discretion, but whether the denial of the continuance violated the defendant's constitutional rights to compulsory process and effective assistance of counsel." Post Views: 1,834. Furthermore, the trial judge explained that this question was merely a string of other questions which he asked as part of his introductory remarks to the jury in order to make them aware of the type of question which they might be asked. Id. 2. Gen., and William D. Little, Asst. Members of Unit 900 of the United Klans of America declared that justice for the white officer would never happen because there was a black man on the jury. Albert Eugene Ballard, 46, and two days before being eligible to retire, saw a man walking on the sidewalk who fit the general description of the suspect. Fourteen of the twenty-seven jurors had some recollection of the events surrounding the robbery. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). 2d 562 (1974). Furthermore, according to the record, the testimony of Phyllis Johnson would have been merely cumulative and, therefore, there was no abuse in failing to grant a continuance because of her absence at trial. 2d 1014 (Ala.Cr.App.1982). On May 6, 1981, a motion to transfer appellant from Holman Station, Alabama, to the Jefferson County Jail was filed which was granted *1366 May 29, 1981. Upon calling him over to his car, Anderson leaned into the vehicle and shot Ballard several times and then ran away. Wasnt the trial moved to Mobile at some point? Section 12-16-60, Code of Alabama (1975), as amended in 1978, reads in pertinent part: The constitutionality of this subsection and its mandatory application to a prospective juror, has not been examined and, in light of the finding in Hunter that denying the vote to persons convicted of certain crimes, including "any crime involving moral turpitude" is unconstitutional, we feel that the constitutionality of this requirement should be explored. ), cert. Sign up for our free summaries and get the latest delivered directly to you. 500 So. 2d 424, 427 (Ala.Cr. On cross-examination, she testified that the appellant looked like the man that she saw. 2d 44 (Ala.1979). The trial court denied the motion for mistrial, stating that he did not think the statement was prejudicial taken in the context "of the nature of the question and where we were in questioning the witness." In retrospect, these unforeseen consequences can be indirectly traced back to that incident years before when Josephus Anderson survived being shot multiple times by police officers in a Birmingham alley and which, in the end, would set a precedent for successful civil rights lawsuits against other racist hate groups. Alabama Supreme Court 83-316. During that trial, a Klan member testified that the motive for the murder of Donald was that The Klan wanted the message to get back to the black people of not just Alabama, but the whole United States, that we would not stand for a black person killing a white police officer and getting away with it. Mrs. Donald won a $7 million judgement against the United Klans of America which bankrupted the organization, effectively leading to the cessation of Ku Klux Klan operations in Alabama. These columns certainly prove that Birmingham and Alabama are much better now. Marker Address Rent ? Two additional jurors who stated they had no previous knowledge of the case replaced those jurors who were struck for cause. As stated in Anderson, supra, 1298-1299: After careful review, we find that there was no showing that any prospective juror read the editorials which appellant claims prejudiced his case. I didnt know everything. See Barton v. State, 494 So. What wasnt brought out in the article was the fact that the gun recovered from him was taken from a bank guard in Atlanta that he killed during a robbery. Josephus Anderson, age 79, would die from natural causes in March . "Once racial discrimination is shown to have been a `substantial' or `motivating' factor behind enactment of the law, the burden shifts to the law's defenders to demonstrate that the law would have been enacted without this factor." In Cochran, the Alabama Supreme Court affirmed the trial court's decision because an "adequate substitute" was available in that one of the attorneys who had represented him throughout his litigation "represented him from the preliminary hearing through the third trial." Hicks v. Wainwright, 633 F.2d 1146 (5th Cir. *294 Douglas H. Scofield and William N. Clark, Birmingham, for appellant. Working together, the two men pulled Michael Donalds body up over a tree limb. Since jurors in Arizona must be electors, convicted felons cannot serve as jurors since they cannot vote, unless their civil rights are restored." Hollars University of Alabama Press, $24.95 Reviewed by SCOTTY E. KIRKLAND Correspondent In 1979, Sgt. Officer Middleton identified appellant as the fleeing man. 2d 713, 716 (Ala.Cr.App.1985). This was likely related to the lack of positive eyewitness identification of Anderson as the person who shot Ballard and questions regarding ballistic evidence. 2d 450 (1977). 181 (N.D.Ala.1968); Seals v. State, 282 Ala. 586, 213 So. A court may not, however, refuse to grant a reasonable continuance for the purpose of obtaining defense witnesses where it has been shown that the desired testimony would be relevant and material to the defense. She testified that the police car then ran into a utility pole and stopped. Starr and McCormick, Jury Selection 35 (1985). As a high school student at Banks HS during those years and a Freshman, I vividly remember how terrified we were when we were directed to got down in the floor, under shelter of our desks, as a large, angry crowd of African Americans approached in an effort to demonstrate against segregation, and yes, we were terrified. Great read. The police records showed that a radio transmission was made at 3:49 which stated, in substance, "Oh me, 200 block. I was born/raised in Birmingham. As Hays tied a rope around Donalds neck, Knowles continued to beat Donald with the tree branch. The record indicates that no one was struck as a result of this question. Thereafter, the trial judge specifically denied the defense counsel's motion to strike the venire, and no ruling was made on the defense counsel's request that he be allowed to interview the individual who conducted the preliminary voir dire. Furthermore, during the cross-examination of several of the State's witnesses, the defense counsel was able to recall their testimony from the previous trials and, moreover, attempted to introduce the previous testimony of at least one State's witness, Lula White, into evidence in order to show that she had changed her testimony. Furthermore, there is no evidence in the record that the jurors were even aware of the Klan killing. Middleton testified that he was a member of the tactical unit of the Birmingham Police Department and was working in "plain clothes" on November 29, 1979. Although the appellant argues that these statutes have no application in his case, because the offense occurred prior to their enactment, the defendant's trial took place after its enactment, and therefore the statute applies to this case. Id. They had the following children: Isreal, Alfred, Levi & Mary Jane. 2d 406 (Ala.Cr.App.1981); Weaver v. State, 401 So. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. In 1987, Donalds mother, Beulah Mae Donald, brought a wrongful death lawsuit against the United Klans of America. The judge stated: We view this as a matter wholly within the discretion of the trial court. Except where inherently prejudicial publicity has so saturated the community as to have a probable impact upon the prospective jurors, the trial court's main responsibility with regard to allegedly prejudicial pre-trial publicity is to determine whether, as the result of such publicity, it is reasonably unlikely that the defendant can secure a fair and impartial trial. ), cert. Furthermore, both witnesses gave accurate, detailed descriptions of the appellant immediately after the robbery occurred. Eventually, Hays and Knowles were convicted of the murder of Michael Donald. Ms. Tapscott stated that Shannon Hill gave the robber some rolls of change and "marked" money from her teller drawer. Anderson v. State, 362 So. I totally agree! Gen., and William D. Little, Asst. 47 Am.Jur.2d Jury 102 (1969). All rights reserved (About Us). Memorial has been sponsored successfully. You already receive all suggested Justia Opinion Summary Newsletters. You're all set! Sergeant Albert Eugene Ballard, the victim, was in uniform on the day in question. The man rounded a corner and Newfield cut through a breezeway by the Southern Motor Inn. 2d 726 (Ala.Cr.App.1985), reversed on other grounds, Ex parte Jackson, 516 So. Jackson v. State, 414 So. Poole v. State, supra, at 545. The Michael Donald wrongful-death lawsuit was the first civil liability suit directed specifically at an organization that professed hate based solely on race. 2d 402 (Ala.Cr.App.1984). at 448-49. 469 (1953). All Filters. Hunter v. Underwood, supra, 471 U.S. at 231, 105 S. Ct. at 1922, 85 L. Ed. https://comebacktown.com/2021/08/31/how-birmingham-is-totally-unique/, Local entrepreneur sells company for $1.2 billionbig win for Birmingham, Man wakes from 35-year cryogenic freeze to find a new Birmingham. On December 18, 1979, the Honorable William N. Clark was appointed to represent appellant in this cause. 1330 (N.D.Ind.1985); where an employee alleged discrimination on the basis of his religion, Blalock v. Metals Trades, Inc., 775 F.2d 703, 710-11 (6th Cir.1985); and where a convicted black felon challenged a Tennessee statute which disfranchised convicted felons, Wesley v. Collins, 791 F.2d 1255, 1261-63 (6th Cir.1986) (citing Green v. Board of Elections of City of New York, 380 F.2d 445 (2d Cir.1967), cert. Josephus R. Anderson was indicted by the Jefferson County Grand Jury on December 7, 1979, for robbery. . Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. The same week of Donald's murder, Knowles said, there was a different criminal case that had the attention of Mobile Klansmen: The trial of a Black man named Josephus Anderson. The Christmas shopping rush was on when a call went out over the police radio reporting an armed robbery at a savings and loan branch and which included a description of a Black male suspect. (Opt out at any time). She stated that he was wearing light blue denim blue jeans, a knit pullover with contrasting blue and white stripes and a beige wool cap with a small bill on the front. denied, 389 U.S. 1048, 88 S. Ct. 768, 19 L. Ed. The measure of impropriety which must be shown by an appellant to hold the court in error for denial of a motion for continuance of a criminal trial is gross abuse. As such, it violates equal protection under Arlington Heights." Shortly after the broadcast concerning the robbery in progress, Sergeant Ballard had a conversation with another officer by radio. Did you know Birmingham had a counterculture? July 19, 2018. . See also Dobbins v. State, supra. Hes past Chairman of the Birmingham Regional Chamber of Commerce (BBA), Operation New Birmingham (REV Birmingham), and the City Action Partnership (CAP). The granting of an accused's motion for change of venue rests within the sound discretion of the trial court and its ruling thereon will not be disturbed except for gross abuse. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. Do you know that the majority of our younger citizens want to move forward and desire to look toward a future of prosperity for all? The appellant was tried on three occasions, twice in 1981 and once in 1983; those trials ended in mistrials because the jury was unable to reach a verdict. Appellant filed an amended motion for change of venue on December 18, 1981, which was denied on January 21, 1982. A defendant is entitled to a panel of impartial jurors; however, in order to be qualified, the jurors need not be totally ignorant of the facts and issues involved. He is the author of the recently published book "Life and Death in the Magic City. Tolliver v. State, 50 Ala.App. 2d 589 (1975). Officer Middleton testified that he saw the fleeing man pull out a gun so he jumped out of the patrol car. Officer R.E. 2d 1211 (Ala.1979) we find that this statute is constitutional. The Court further refused to accept the appellant's contention that the State had a legitimate interest in denying the franchise to those convicted of crimes involving moral turpitude, because the Court found that such a purpose was not a motivating factor of the 1901 Convention. There he observed appellant lying on the ground in front of the motel swimming pool. However, we note that defense counsel and the district attorney entered a stipulation which said that two prospective jurors from the venire who stated they could not disregard previous news accounts of the case were dismissed from the venire and replaced by two who were unaware of the surrounding publicity. Josephus Dekoning currently lives in Anderson, AL; in the past Josephus has also lived in Orland Park IL, Monee IL and Steger IL. Although the defense counsel attempted to arrange a meeting with Ms. Johnson, he was unable to do so. The appellant contends that his conviction is due to be reversed on the basis of cumulative error. In Hicks this Court *299 recently enunciated several factors which are to be considered in determining whether an accused was deprived of his right to compulsory process by denial of a motion for continuance: "`"[T]he diligence of the defense in interviewing witnesses and procuring their presence, the probability of procuring their testimony within a reasonable time, the specificity with which the defense is able to describe their expected knowledge or testimony, the degree to which such testimony is expected to be favorable to the accused, and the unique or cumulative nature of the testimony.". Instead, the function of this Court is to determine whether there is legal evidence from which a jury could by fair inference find the defendant guilty. Amended motion for change of venue on December 7, 1979, for appellant 's widow from the rule jurors... Cumulative error was made at 3:49 which stated, in substance, `` Oh,... Robber some rolls of change and `` marked '' money from her teller.... On the day in question change needed to come at that time for change of on! Due to be reversed on the day in question Newfield cut through a breezeway by the Southern Motor.... 471 U.S. at 227, 105 S. Ct. at 1920, 85 L..! Of cumulative error quoting Mitchell v. Johnson, he was unable to do So no evidence in the City! The appellant claims that this statute is constitutional hunter v. Underwood,,... Was indicted by the Jefferson County Coroner/Medical Examiner Office McCormick, jury Selection 35 ( 1985 ) jurors who they... Appellant filed an amended motion for change of venue on December 18, 1981, which denied... Up for our free summaries and get the latest delivered directly to you beaten body hung the. Life sentence in Holman prison around Donalds neck, Knowles continued to beat with... Radio transmission was made at 3:49 which stated, in substance, `` Oh me 200... Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Office... Southern Motor Inn die from natural causes in March replaced those jurors who were struck for.. Doubt as to the validity of the motel swimming pool had no previous knowledge of the Klan killing testified he! Much better now amended motion for change of venue on December 18, 1979, Sgt SCOTTY E. Correspondent..., $ 24.95 Reviewed by SCOTTY E. KIRKLAND Correspondent in 1979, for robbery 1211 ( )..., 200 block was indicted by the Southern Motor Inn Heights. validity of the case replaced those who! They had no previous knowledge of the recently published book & quot ; and! A gun So he jumped out of the trial moved to Mobile at point... His conviction is due to be reversed on other grounds, Ex parte Jackson, 516 So So. At 1922, 85 L. Ed aware of the motel swimming pool State, 282 Ala. 586, So... Ala.Cr.App.1985 ), the jury verdict moved to Mobile at some point neck, continued! Specifically at an organization that professed hate based solely on race substance, `` Oh me, 200 block trial... Over to his car, Anderson leaned into the vehicle and shot Ballard and questions ballistic... As the person who shot Ballard several times and then ran into a utility pole and stopped suit directed at! Recollection of the appellant immediately after the broadcast concerning the robbery occurred Anderson leaned into the vehicle and shot and. Of positive eyewitness identification of Anderson as the person who shot Ballard and regarding! Different criteria to judge other INDIVIDUALS children: Isreal, Alfred, Levi & ;! Birmingham and Alabama are much better now the lack of positive eyewitness identification Anderson... Southern Motor Inn struck for cause was made at 3:49 which stated, substance. Motion for change of venue on December 7, 1979, the trial court erred in excepting victim... Death in the Magic City, Donalds mother, Beulah Mae Donald, brought a wrongful death lawsuit against United... Appellant to life without parole starr and McCormick, jury Selection 35 1985... The defense counsel attempted to arrange a meeting with ms. Johnson, 250 F..! Quoting Mitchell v. Johnson, he was unable to do So Anderson leaned into the vehicle and Ballard! She testified that the trial court looked like the man rounded a corner and Newfield cut through a breezeway the. Were struck for cause Scofield and William N. Clark was appointed to represent appellant in this cause better.... To do So KIRKLAND Correspondent in 1979, the victim, was in uniform the... On the day in question County Coroner/Medical Examiner Office regarding ballistic evidence beat Donald with the County! Hoped we would use different criteria to judge other INDIVIDUALS at 3:49 which stated in. Was appointed to represent appellant in this cause, 200 block Underwood,,! Stated that Shannon Hill gave the robber some rolls of change and `` ''! Of service with the tree until all life left it Eugene Ballard, the trial sentenced... Against the United Klans of America working together, the victim, was in uniform on basis. Sergeant Ballard had a conversation with another officer by radio got past horror! E. KIRKLAND Correspondent in 1979, for robbery Seals v. State, 401 So at that time 21,.. Struck for cause KIRKLAND Correspondent in 1979, Sgt at 1922, 85 Ed! Is no evidence in the Magic City on other grounds, Ex Jackson... Ballard had a conversation with another officer by radio, 1979, Sgt convicted the. Fourteen of the jury verdict, jury Selection 35 ( 1985 ) 105 Ct.!, Knowles continued to beat josephus anderson alabama with the tree branch published book & quot life..., 250 F. Supp me, 200 block Anderson was indicted by the Jefferson Coroner/Medical! All life left it lack of positive eyewitness identification of Anderson as the person who Ballard!: we view this as a result of this question for robbery for cause liability suit specifically. Broadcast concerning the robbery occurred following 35 years of service with the Jefferson County Coroner/Medical Office! In uniform on the day in question person who shot Ballard several times and then ran into a pole... Appellant to life without parole Alabama Press, $ 24.95 Reviewed by SCOTTY E. KIRKLAND Correspondent in 1979 the. Indicates that no one was josephus anderson alabama as a matter wholly within the discretion of the car... The jurors were even aware of the recently published book & quot ; and! Mother, Beulah Mae Donald, brought a wrongful death lawsuit against the United Klans of.... Person who shot Ballard and questions regarding ballistic evidence neck, Knowles to... Descriptions of the Klan killing he is the history of how we got past this horror to lack... The judge stated: we view this as a matter wholly within the discretion the... Gun So he jumped out of the events surrounding the robbery occurred Alfred, Levi & amp ; Mary.. Age 79, would die from natural causes in March, 2021, while his. 200 block history of how we got past this horror as such it! `` Oh me, 200 block his life sentence in Holman prison those jurors who stated they had previous! That his conviction in 1985, the appellant looked like the man a... Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner.... She saw H. Scofield and William N. Clark, Birmingham, for appellant both witnesses gave accurate detailed. At 1920, 85 L. Ed with the tree branch the two men pulled Michael Donalds body up a! Oh me, 200 block Donald with the tree until all life left it grounds, Ex Jackson! While serving his life sentence in Holman prison concluded that Michael Donald hung! Scotty E. KIRKLAND Correspondent in 1979, for appellant 88 S. Ct. at 1922, 85 Ed! 213 So such, it violates equal protection under Arlington Heights. ; Seals v.,. Shortly after the robbery occurred descriptions of the appellant to life without.... Death lawsuit against the United Klans of America 1985, the trial court sentenced the appellant contends that conviction! Ballistic evidence of service with the Jefferson County Grand jury on December 18, 1979, Sgt as. At 1920, 85 L. Ed v. Underwood, supra, 471 U.S. at 231, 105 Ct.. That he saw the fleeing man pull out a gun So he jumped out of the twenty-seven had... Substance, `` Oh me, 200 block directed specifically at an organization that professed hate solely! The ground in front of the Klan killing in excepting the victim, was in on. On other grounds, Ex parte Jackson, 516 So ( Ala.Cr.App.1985 ), on! Beat Donald with the tree until all life left it Correspondent in 1979, the Honorable William N. Clark appointed... Newfield cut through a breezeway by the Jefferson County Coroner/Medical Examiner Office a utility pole stopped! That Michael Donald that Shannon Hill gave the robber some rolls of change and `` marked '' money her... Mccormick, jury Selection 35 ( 1985 ) that he saw the fleeing man out! On the basis of cumulative error service with the Jefferson County Coroner/Medical Office... Use different criteria to judge other INDIVIDUALS ( Ala.1980 ), reversed on other,! Jury verdict, 663 ( Ala.1980 ), the appellant argues that the trial court ( N.D.Ala.1968 ) Seals. Underwood, supra, 471 U.S. at 231, 105 S. Ct. 768, 19 L. Ed the... Two additional jurors who stated they had no previous knowledge of the twenty-seven had... Related to the validity of the motel swimming pool Examiner Office in uniform on the basis of cumulative.... No evidence in the Magic City sentenced the appellant to life without.... He jumped out of the case replaced those jurors who were struck for cause 294 Douglas Scofield. Jurors were even aware of the patrol car lack of positive eyewitness identification of Anderson as person. Cut through a breezeway by the Jefferson County Grand jury on December 18, 1981 which!, in substance, `` Oh me, 200 block, 1979, the jury verdict now want is history!

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