The mobilization of American voters in the midterm elections is already making an impact with fewer than two weeks to go until Election Day on November 3. Early voting, which has begun in more than 30 states, is setting records in some of them. More than 16 million voters have already cast their ballots, most of them by mail.
© Jonathan Ernst (REUTERS)
Alabama Gov. Kay Ivey, a Republican, commuted the sentence of a death row inmate on Tuesday after the current Jefferson County district attorney and several former judges and prosecutors raised concerns about his conviction.
The governor said she was commuting Toforest Johnson’s death sentence to life in prison without parole. Johnson, who has long maintained his innocence, was convicted in the 1995 murder of Jefferson County Deputy Sheriff William Hardy. He remains incarcerated at the Holman Correctional Facility.
"When presented with Mr. Johnson’s case, I had concerns there was not enough direct evidence to carry out the most serious punishment, death," Ivey said in a statement. "My decision is not a determination of innocence, but a recognition that the circumstances of this case justify commuting his death sentence to life imprisonment, without possibility of parole."
Ivey has commuted the death sentences of three death row inmates since she became governor in 2017. She has also overseen 27 executions during her tenure, which will end in January because she is term-limited and cannot run for re-election.
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The governor spared his life despite Alabama Attorney General Steve Marshall urging her last week to reject the clemency request and "respect the jury's decision" and the rulings of the courts reviewing Johnson's case.
On July 19, 1995, Hardy was shot twice in the head as he was working off-duty security outside a hotel in Birmingham. Johnson said he was on the other side of the city when the shooting happened.
One of Johnson’s attorneys, Ty Alper, said he and his client are grateful to Ivey for "diligently reviewing Toforest’s case and taking action to spare an innocent man from execution," but added that they will continue to fight to overturn the conviction.
"Toforest Johnson is innocent. Now it is up to the courts to overturn his conviction and grant him a new trial. We will keep fighting until he is home with his family," Alper said in a statement.
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Johnson's attorneys have waged a yearslong legal battle to secure a new trial. His push for a new trial has received national attention and attracted widespread support, including from prominent lawyers, such as the original prosecutor in his case, as well as celebrities such as Kim Kardashian.
Several former judges and prosecutors have joined supporters seeking a new trial for Johnson over questions about his conviction. Former Alabama Attorney General Bill Baxley, former Chief Justices of the Alabama Supreme Court Sonny Hornsby and Drayton Nabers and other former judges and prosecutors have submitted briefs or written editorials backing a new trial.
Jefferson County District Attorney Danny Carr, who was elected in 2018, is among those who have backed Johnson’s call for a new trial. In 2024, Carr wrote in a court filing that the "evidence in this case has unraveled over 20 years."
Carr said that credible alibi witnesses placed Johnson in another area at the time of the shooting. He also said there are multiple reasons to doubt the key prosecution witness, who "claimed she overheard Johnson confess to the murder on a three-way phone call on which she was eavesdropping."
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The woman testified during Johnson's 1998 trial that she was eavesdropping on a phone call when she heard a man she believed was Johnson admitting to the shooting.
She received a $5,000 reward in 2001 for her assistance in the case.
Johnson’s lawyers said that the state withheld evidence of monetary incentive for her testimony.
The Associated Press contributed to this report.
Toforest Johnson’s death penalty reduced to life in prison without parole over doubts about his conviction
Toforest Johnson, an Alabama death row inmate, will no longer face execution after the state’s Republican governor commuted his sentence amid increasing doubts about his conviction.
Kay Ivey, the Alabama governor, commuted Johnson’s sentence to life in prison without parole in the 1995 murder of William Hardy, a Jefferson county deputy sheriff. Johnson has long maintained he is innocent, and several former public officials, as well the local district attorney, have argued he should receive a new trial.
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© Photograph: Johnson Family/AP
© Photograph: Johnson Family/AP
© Photograph: Johnson Family/AP
Water service failed in at least 300,000 Atlanta households on July 27. Taps ran, but only a trickle came out. After receiving several consumer alerts, the water company found that a pumping station had stopped functioning, affecting that city and others in the state. The loss of pressure led authorities to advise boiling water before drinking it to reduce the risk of contamination, sparking some panic among the population. It was not a technical fault: everything points to it having been orchestrated from a computer almost 7,000 miles away, in Iran.
© Rebecca Cook (REUTERS)
The U.S. midterm elections are not limited to Tuesday, November 3. For millions of voters, Election Day will begin much earlier, either through in-person early voting or by casting a mail-in ballot, despite recent attempts by President Donald Trump to restrict and overhaul mail-in voting.
© Jenny Kane (AP)
In mid-August, The New York Times lost a defamation lawsuit in Alabama. It’s the first such case the paper has lost in more than half a century. Back in 2023, the Times reported that a University of Alabama basketball player named Kai Spears was at the scene of a fatal shooting—information that turned out to be false, and based on a single anonymous source. A jury found the paper liable for damages to the tune of $9.25 million. Ryan Phillips, the only reporter to attend the duration of the defamation trial, describes the experience:
Chief among the post-publication issues was the Times‘ reluctance to issue a correction or retraction when it became immediately clear that Witz’s anonymous source had been wrong in their assertion that Spears was in Miller’s car during the shooting.
The jury heard lengthy testimony about how the newspaper published “updates” in the form of “Editor’s Notes” to the online story to reflect each new denial coming from the University of Alabama, UA Director of Athletics Greg Byrne, Spears’ father, and then the Alabama walk-on himself in an Instagram post.
Apart from the updates, which the Times argued were tantamount to a correction when applying Alabama law to the evidence, the story remained unchanged until an official correction was eventually published by The New York Times on June 3, 2023.
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