Toforest Johnson Is Facing Execution After A Witness Was Paid To Testify Against Him. Here’s How You Can Help Him Get a New Trial.

Toforest Johnson has spent more than 25 years on death row in Alabama and is at risk of being executed for the 1995 murder of Jefferson County Deputy Sheriff William G. Hardy, a crime Mr. Johnson did not commit. The Innocence Project has filed two amicus briefs in support of a new trial for Mr. Johnson, one in the United States Supreme Court and one in Alabama’s Jefferson County Circuit Court.

Mr. Johnson, who has consistently maintained his innocence, was sentenced to death in 1998 despite:

• No physical evidence or eyewitness testimony connecting him to the crime scene
• More than 10 alibi witnesses placing him across town at the time of the murder
• The prosecution presenting five different theories at five different court proceedings
• The original trial prosecutor calling for a new trial
• The elected district attorney in Birmingham calling for a new trial
• Three former state supreme court justices, two former governors, several former attorneys general, and other high-ranking officials in Alabama calling for a new trial

Here are three ways you can help:

“Earwitness” Podcast

1. Listen to the Earwitness podcast.

Even though no eyewitnesses or physical evidence ties him to the murder, Mr. Johnson was convicted based on the testimony of an “earwitness” — a woman claimed to have overheard him on a three-way call confessing to the murder of Deputy Hardy. Prosecutors secretly paid the woman for her testimony, although this was not disclosed until after Mr. Johnson had been on death row for 17 years.

In 2019, Emmy-award winning journalist Beth Shelburne began covering Mr. Johnson’s case in her podcast Earwitness. Produced by Lava for Good, it has been called “an instant classic” and “one of the best podcasts of 2023.” The podcast is available on Apple Podcasts, Spotify, and Lava For Good’s website. Listen to and share the Earwitness podcast to learn more and raise awareness about the tragic injustice of Mr. Johnson’s case. 

2. Spread the word.

You’ve been fierce advocates for our clients in the past. In all, more than one million advocates online and on the ground have used their voices to call for change.

Now we need your help once again. Share this series of Instagram videos created by Mr. Johnson’s daughter Akeriya Lawler, and create your own content on Instagram, TikTok, Facebook, and other platforms using Greater Birmingham Ministries’ Justice for Toforest Johnson social media toolkit.

Toforest Johnson’s family members, daughter Shanaye Poole and cousin Tony Green with photos of Mr. Johnson. (Image: Bernard Troncale)

3. Sign this petition to support Mr. Johnson’s quest for a new trial. 

For more than two decades Mr. Johnson’s family has fought for justice. Add your name to show your support and receive updates on the case.