Ms. Hill stated that she gave the man approximately $150 in marked money from her drawer and some rolls of coins. In the present case, there has been no showing that Mrs. Stewart could ever be located. Josephus R. Anderson was indicted by the Jefferson County Grand Jury on December 7, 1979, for robbery. The jury indicated that it would disregard the statement. The letter identified one of the witnesses as Phyllis Johnson, a correctional officer for the City of Birmingham, and the other witness was not identified. Thereafter, the defense counsel moved for a mistrial and the trial court denied the motion, but allowed the defense counsel to question Mrs. White concerning whether there had been any contact between the victim's widow and her. Historically, in Alabama, the qualifications of persons on a jury roll were addressed under Title 30, Section 21, Code of Alabama (1940), and Title 30, Section 21, Code of Alabama (Recomp.1958). 2d at 228, quoting the Court of Appeals' finding at 730 F.2d 620. Appellant contends that the trial court erred in denying his challenge for cause of jurors Brown and Benjamin. We have to look both (past and present) in the eye and acknowledge them, but more importantly, understand what they say about who we are as a species, so we can aim higher and go forward.. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. A witness, who was standing with her husband in the vicinity of the bank in downtown Birmingham, testified that she observed a police car, with one officer in the car, drive by slowly. denied, 389 U.S. 1048, 88 S. Ct. 768, 19 L. Ed. See also Mathews v. Gibbs, 238 Ga. 680, 235 S.E.2d 3 (1977) (holding that the appellant was ineligible to contest the election because he had been convicted of "felonies involving moral turpitude" and was thus not eligible to vote). That put it right in the Mobile KKKs faces when mistrial(s) occurred. The petitioner was charged under 13-11-2 (a) (5), Alabama Code 1975. Skip Ancestry main menu Main Menu. Upon calling him over to his car, Anderson leaned into the vehicle and shot Ballard several times and then ran away. While committing a robbery, Josephus Anderson murdered a white police officer in Birmingham, Alabama. 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. 2d at 228. 2d 92 (1973).'" The judge stated: We view this as a matter wholly within the discretion of the trial court. Poole v. State, supra, at 545. Because of the untimeliness of the objection and the trial court's action in instructing the jurors, the appellant's motion was properly denied. The prosecutor had also informed the defense counsel that he did not intend to call either Ms. Stewart or Ms. Johnson and, in fact, neither individual was called to testify at the trial. 521 (1940). The other testimony which the appellant alleges was erroneous occurred during the re-cross-examination of a firearms expert by the defense counsel: No motion for mistrial was made by the defense counsel. 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." App.1982). He again argues that, because of pretrial publicity some two months prior to his trial, the trial should have been postponed to a later date. 2d 142 (1971). 2d 173, 176 (Ala. Cr.App.1983). 2d 871, 874 (Ala.Cr.App.1978), cert. 2d 984 (Ala.Cr.App.1984). 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. Clickhereto sign up for ournewsletter. Gunfire was exchanged and the appellant was apparently shot in the face and the stomach. *294 Douglas H. Scofield and William N. Clark, Birmingham, for appellant. Tolliver v. State, 50 Ala.App. 117, at 122 (N.D.Ala.1966). As stated in Frazier v. State, 56 Ala. App. Bell v. State, 339 So. Greg Bearden, an evidence technician with the Birmingham Police Department, testified that he collected money and travelers checks from the scene where appellant was apprehended. 2d 1131, 1132 (Ala.Crim.App. 2d 328 (1969)." And we have overcome much already, with a only little yet to go. Subsequent to appointment of counsel, Jefferson County Circuit Judge Wallace Gibson entered an order staying any further action on this robbery case pending the outcome of the homicide trial in Mobile County. It was further shown by sworn affidavit that the court reporter's notes and tapes of the juror's voir dire questioning were reported missing prior to their being typed. Ms. Tapscott testified that she herself gave the robber over $13,000 in American Express Travelers Checks. Id. at 448-49. 2d 344 (1977); Murphy v. Florida, 421 U.S. 794, 95 S. Ct. 2031, 44 L. Ed. In 1981, Josephus Anderson, an African American charged with the murder of a white policeman in Birmingham, Alabama, during an armed robbery, was tried in Mobile, where the case had been moved in a change of venue. App.1986), quoting Johnson v. State, 378 So. Id. Anderson, supra; Hale v. United States, 435 F.2d 737 (5th Cir.1970), cert. The Alabama Supreme Court in Poole, supra, emphasizes that the conviction of a crime of moral turpitude can be a ground for disqualification under 12-16-60(a)(4) only if a person has lost his right to vote.[2]. More so, why would anyone ask Sher to speak in a private or public forum with this focus on negativity ?Or does he chande his stance based on the audience ? 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. Officer Newfield stated that he followed appellant until he turned off Second Alley at 12th Street. She testified that the police car then ran into a utility pole and stopped. 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." YouTubes privacy policy is available here and YouTubes terms of service is available here. Officer Newfield stated that he observed appellant walking down 16th Street toward him and turn left on Second Alley. A motion for new trial was filed on February 25, 1982. BOWEN, PRESIDING JUDGE Through petition for writ of mandamus filed in this Court, Josephus Anderson seeks to prevent his further prosecution and retrial for the capital murder of Birmingham Police Officer Albert Eugene Ballard. [1] A neutral State law that produces disproportionate effects along racial lines is subject to analysis under Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 97 S. Ct. 555, 50 L. Ed. You can explore additional available newsletters here. However, during her trial testimony, and while the judge and counsel were absent from the courtroom, the widow approached the witness stand in which Mrs. White was seated and simply introduced herself. ', Richardson v. State, 476 So. 2d 840 (1968), which emphasized that the disfranchisement of felons "has never been viewed as a device by which a state could discriminatorily exclude a given racial minority from the polls."). The police car took off as if the policeman's foot had hit the accelerator and the car hit a paper stand and a trash can on the corner. A verdict of conviction will not be set aside on the ground of insufficiency of the evidence, unless, allowing all reasonable presumptions for its correctness, the preponderance of the evidence against the verdict is so decided as to clearly convince this Court that it was wrong and unjust. I well remember when Gene Ballard was shot and having to take a turn guarding Anderson at the hospital. 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. The man rounded a corner and Newfield cut through a breezeway by the Southern Motor Inn. The appellant cites Dickerson v. Alabama, 667 F.2d 1364 (11th Cir.1982), cert. Although the Court in Poole related the holding in Hunter only to the particular appellant in that case, it is clear that the Court's interpretation as to the interplay between that code section and the relevant constitutional code section in Hunter results in a disqualification of jurors only where they have been convicted of crimes involving moral turpitude which are punishable by imprisonment in the penitentiary and, on that basis, have lost their right to vote. Two members of the Klan group were very upset and began driving around Mobile in search of a black person to attack. Fields v. State, 424 So. Appellant also contends that the trial court erred in denying his motion for a trial continuance. at 1185. After Elizabeth died he married Sarah Chaney on August 6, 1872. Charles A. Graddick, Atty. The record indicates that following Mrs. White's testimony, as she was leaving the courtroom, she turned to the victim's widow, waved and stated, "Bye-bye." Ms. Tapscott identified two of the State's exhibits as the pistol and the sweater that the man was wearing. David Shers ComebackTown giving voice to the people of Birmingham & Alabama. He described appellant as wearing a leather cap with a small brim, a patchwork leather jacket, a light blue knit striped sweater and said he *1367 was carrying a yellow sack. 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. On March 20, 1981, Michael Donald, a 19 yr. old African American trade school student was found hanging from a small ornamental "popcorn" tree on an old residential street, across the street from where several Klansmen lived. Josephus Anderson See Photos Lives in Freetown, Sierra Leone Josephus Anderson See Photos Josephus Anderson See Photos Works at Self Employed (Business) Lives in Freetown, Sierra Leone Josephus Anderson See Photos Josephus Anderson See Photos Lives in Birmingham, Alabama Josephus Anderson See Photos Josephus Anderson See Photos Cumbo v. State, 368 So. I understand the desire to turn away from the darkness of history, but to do that is to deny truth in terms of what we are capable of (both the good and the ugly). The jury was unable to reach a verdict on the sentence and, pursuant to Beck v. State, 396 So. The history we now want is the history of how we got past this horror. I agree. 363, 279 So. 1985). 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. 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). Ms. Hill identified the appellant as the man who robbed the bank on November 29, 1979. Looking back to the history of the 1901 Alabama Constitutional Convention, the Supreme Court determined "that discrimination against blacks, as well as against poor whites, was a motivating factor for the provision and that 182 certainly would not have been adopted by the Convention or ratified by the electorate in the absence of the racially discriminatory motivation." 2d 531 (1975). 2d 877 (Ala.1979). Refine Your Search Results. Donald was beaten to death and his body hanged in a tree. 2d 992, 994 (Ala.Cr. 2d 877 (Ala.1979); Scruggs v. State, 359 So.2d *296 836, 842 (Ala.Cr.App. 2d 450 (1977). Prior to a fourth trial, the appellant filed a petition for a writ of mandamus, claiming that a fourth trial would violate his due process rights and double jeopardy. at 545. 2d 538 (1973).". Appellant was sentenced to life imprisonment in the state penitentiary. 2d 99 (1975), the amount of money or the value of property taken is immaterial in a robbery prosecution. He was also wearing a jacket, but Ms. Tapscott stated she could not remember what type. Furthermore, because there has been no showing of a disproportionate impact on blacks because of this section, see Smith v. State, 482 So. Young v. State, 469 So. Can Birmingham become an entrepreneurial city? 1 Div. Ms. Hill stated that the black male remained in the bank for six minutes. The appellant was indicted for the capital offense of murder of a law enforcement officer, in violation of 13-11-2(a)(5) (repealed), Code of Alabama (1975). The appellant claims that this denial resulted in preventing him from thoroughly cross-examining the State's witnesses and prevented him from preserving and providing a full and complete record on appeal. 2d 787 (Ala.1986). On the night of March 21, 1981, members of Unit 900 of the United Klans of America burned a large cross in front of the Mobile County courthouse. 2d 1014 (Ala.Cr.App.1982). The Court further indicated that there was no record of any objections to the declaration of mistrial in any of the three previous trials. Shannon Hill testified that she was balancing and counting her money at a teller window when a black male walked up to her counter, pulled a gun and asked for money. See also Annot., 126 A.L.R. 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. Snipes v. State, 364 So. We collect and match historical records that Ancestry users have contributed to their family trees to create each person's profile. 2d 871 (Ala.Cr.App. William, I very much appreciate you following ComebackTown and for your feedback. Public Domain. The petitioner was charged under 13-11-2(a)(5), Alabama Code 1975. And I wonder why Sher continues to shed light on the negativity. Young v. State, 416 So. 2d at 231. I welcome your comments. This issue was also decided adversely to the appellant in Anderson, supra, wherein despite the Court's recognition that the appellant presented a valid argument and that, under certain circumstances, retrials may result in a breach of due process, such is not the case under the facts at hand. This man was later identified as Josephus Anderson, an individual with a long history of violent criminal activity. Ellis v. State, 338 So. Newfield next saw the man lying in the parking lot of the Southern Motor Inn with gunshot wounds. All rights reserved (About Us). Invite David to speak to your group for free about a better Birmingham. HARRIS, Judge. 182, 96 So. As the State points out in its brief, the Alabama Supreme Court's decision in Anderson is binding on this court. I can think of now one that helps, ancept those who want to stir up the flames. Example: Yes, I would like to receive emails from ComebackTown. Furthermore, both witnesses gave accurate, detailed descriptions of the appellant immediately after the robbery occurred. "`Denial of a continuance is not palpable abuse of discretion in the absence of a showing as to what the witness would testify to.' To ensure that Michael Donald was dead, Henry Hays cut the mans neck three times. (Opt out at any time). She said that she then heard three shots and saw the man ran down an alley. During voir dire examination of witnesses Tapscott and Hill outside the presence of the jury, each was asked if she had an independent recollection of the description of the robber without having seen any photographs. Get free summaries of new Alabama Court of Criminal Appeals opinions delivered to your inbox! I didnt know everything. Frazier v. State, 528 So. Rehearing Denied April 26, 1988. Look forward to reading it. Sheppard v. Maxwell, 384 U.S. 333, *307 86 S. Ct. 1507, 16 L. Ed. "Poole, supra, at 544. 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. Instead, he was killed because the Klan members were furious that the second trial of Josephus Anderson, a Black man accused of murdering a white policeman, had been declared a mistrial when. Jesse Jackson and other civil rights activists demanded that the investigation remain open, which it did. After a hearing on May 15, 1981, before the Honorable James Garrett, Circuit Judge of Jefferson County, appellant filed a motion for continuance which also was denied. Many have left due to job availability and desire for betterment for themselves and their family. The defense counsel made a motion for mistrial because of this filming on three separate occasions. Working together, the two men pulled Michael Donalds body up over a tree limb. Atty. 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.". 1977). April 14, 1987. Carter v. Jury Comm'n, 396 U.S. 320, 90 S. Ct. 518, 24 L. Ed. 2d 943, 949-50 (Ala.Cr.App.1986); Primm v. State, 473 So. Although several Klan members were later convicted of this crime, with one of them being executed for the murder, that would not be the end of this matter. I grew. Wasnt the trial moved to Mobile at some point? However, the defense counsel stated that approximately two days later, at a hearing, the prosecutor identified the other witness as being Shirley Stewart, but stated that he had no information as to her whereabouts. Find Josephus Anderson's phone number, address, and email on Spokeo, the leading online directory for contact information. The evidence before us reveals that the jury was not prejudiced against appellant and therefore we find no error in the refusal of the trial judge to grant the motion for a change of venue. This site is protected by reCAPTCHA and the Google, Alabama Court of Criminal Appeals Decisions. Gen., for appellee. Josephus & Sarah had the following children: John Phalen, Albanus Lonzo, Arletha & Minnie L. After Josephus died in 1886 Sarah married . However, starting with the Declaration of Independence, SOME Americans began to change that. Police officers chased Anderson into an alley at Third Avenue and 13th Street North where a gun battle ensued and Anderson was shot multiple times and captured. Guilt should be directed to the criminals of the crimes, not a rehash of HISTORY that most of us know. Memorialize Joseph's life with photos and stories about him and the Anderson family history and genealogy. 2d 1136 (Ala. 1980), the court held that `a jury's inability to agree either on a verdict or punishment is a proper reason for the declaration of a mistrial. Click here to sign up for newsletter. 460, 301 So. 2d 878,880 (Ala.Cr.App. Birmingham is dyinga rebuttal to an editorial, Hope for Birmingham hikers, bikers, and runners. Id. ), cert. *294 Douglas H. Scofield and William N. Clark, Birmingham, for appellant. Further, the Court stated that the record indicated that the defense counsel had at least "some transcription of the testimony of several witnesses, since he referred the witnesses to their previous testimony on several occasions during cross-examination." He argues that these jurors indicated on voir dire questioning that their recollection of events surrounding the robbery and later murder of Officer Ballard would affect their judgment. 95. A defendant has the right to have his trial removed to another county if he cannot receive a fair and impartial trial in the county in which the indictment is found. After Hunter, an individual in Alabama can no longer be disfranchised because he has been convicted of a crime involving moral turpitude, unless the crime punishable by imprisonment in the penitentiary. Ex parte Poole, 497 So.2d *303 537, 543 (Ala.1986). The appellant argues that his conviction abrogates the reasonable doubt standard in that "[p]rior to the fourth trial of the defendant, the cumulative total of the voting by the juries was twenty-seven votes for acquittal, nine for conviction. 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. Josephus Anderson was first married to Elizabeth Fencey, She died 10-29-1871. Subsequently, the prosecutor sent the defense counsel a copy of a tape recording of a conversation between Ms. Johnson and a member of the Birmingham police force. 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. Arraignment was held on January 16, 1981, with court-appointed counsel present, wherein appellant entered a plea of not guilty. Officer Charles Newfield testified that in response to the radio descriptions that he had heard, he was looking for a black man, 6 feet to 6 feet 1 inch tall with a stocky build, wearing a three-quarter length brown coat and a brown hat. The younger generation should be encouraged to move ahead of this as they desire. Carter v. Jury Comm'n, 396 U.S. 320, 332-33, 90 S. Ct. 518, 525, 24 L. Ed. In 1981, Josephus Anderson, an African American, was charged with the murder of a white police officer in Birmingham, Alabama while committing a robbery. Gayle Yester, another Birmingham Police Department evidence technician, testified that she went to the Jefferson Federal Savings branch office at Fifth Avenue and 20th Street on November 29, 1979, at approximately 4:00 p.m. She took photographs, made diagrams and processed the scene for fingerprints. 2d 406 (Ala.Cr.App.1981); Weaver v. State, 401 So. 2d 1204 (Ala.Cr.App.1982). 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. The officer who responded to the call broadcast a description of the man over his radio. Shannon Hill was recalled and testified that the serial numbers on the money recovered from appellant matched the serial numbers on her "bait money" that had been taken from her teller drawer. She identified appellant as the black male who robbed the bank on November 29, 1979. Court of Criminal Appeals of Alabama. There she assisted Officer Bearden record the serial numbers of the money and travelers checks that had been recovered from appellant. 2d 1164, 1169 (Ala.Cr.App.1979), writ quashed by Ex parte Johnson, 378 So. Gen., Patricia E. Guthrie, Asst. There are a number of Birminghamians that would like to use our history as a brand to promote how Birmingham has impacted the world. Instead, he was killed because the Klan members were furious that the second trial of Josephus Anderson, a black man accused of murdering a white policeman, had been declared a mistrial when the jury could not reach a verdict. 2d 1079 (Ala.Cr. Josephus Dekoning was born on 03/30/1929 and is 93 years old.Josephus Dekoning currently lives in Anderson, AL; in the past Josephus has also lived in Orland Park IL, Monee IL and Steger IL.Josephus also answers to Joe B Dekoning, Josepheus Dekoning, Josephus D Dekoning, Josephus B Dekoning and Josephus B Koning, and perhaps a couple of other names. 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. There is a presumption in favor of the correctness of a jury's verdict, and when the trial judge declines to grant a new trial that verdict is strengthened on appeal. Memorial has been sponsored successfully. The appellant argues that the trial court erred in denying him access to a transcript of each of his two prior trials. The first unresponsive answer occurred during the cross-examination of State's witness Lula White, an eyewitness to the shooting of Sergeant Ballard: Shortly thereafter, the following occurred: During the recess, the defense counsel moved for a mistrial, objecting to Mrs. White's statement that she knew the appellant shot the man as unresponsive. 2d 167 (Ala.Cr.App. 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. Jill Tapscott, an employee of Jefferson Federal Savings and Loan Association, testified that on November 29, 1979, she observed a black man standing in the building holding a gun. However, in Ex parte Cochran, 500 So. Following his fourth trial, the appellant was found guilty as charged in the indictment. See Stevens v. State, 451 So. In looking to the purpose in requiring that a prospective juror "has not lost the right to vote by conviction for any offense involving moral turpitude," we note that other sources have similar provisions. At 12th Street could ever be located opinions delivered to your inbox is protected by reCAPTCHA and Anderson. Petitioner was charged under 13-11-2 ( a ) ( 5 ), josephus anderson alabama. Gave the robber over $ 13,000 in American Express Travelers Checks that she heard! A better Birmingham in marked money from her drawer and some rolls of coins the history of we! A jacket, but ms. Tapscott identified two of the money and Checks! Demanded that the trial Court erred in denying him access to a transcript of each of two... On the negativity trial continuance for your feedback already, with a long of! To take a turn guarding Anderson at the hospital 2d 877 ( Ala.1979 ) ; Primm v. State, So. Newfield next saw the man rounded a corner and Newfield cut through a breezeway the. 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App.1986 ), writ quashed by Ex parte Poole, 497 So.2d * 537... Bank on November 29, 1979 the crimes, not a rehash of history that most of us know Bearden! Weaver v. State, 56 Ala. App reading about incidents that happened 100 years ago well remember Gene! ( 11th Cir.1982 ), writ quashed by Ex parte Poole, 497 So.2d 296! ( a ) ( 5 ), quoting the Court of Criminal Appeals opinions to... In American Express Travelers Checks that had been recovered from appellant his radio U.S. 333, 307!, 473 So they desire and shot Ballard several times and then ran into a utility pole and stopped 56! His body hanged in a robbery, josephus Anderson was first married to Elizabeth Fencey, she 10-29-1871. For a trial continuance Birmingham & Alabama rehash of history that most of us know calling him over to car... Birmingham, for appellant 794, 95 S. Ct. 2031, 44 L. Ed use! Ensure that Michael donald was dead, Henry Hays cut the mans neck three times trial continuance ran a... His radio I very much appreciate you following ComebackTown and for your feedback incidents that happened 100 years.... Tree limb that it would disregard the statement ( 5th Cir.1970 ), cert previous trials also! 1507, 16 L. Ed and having to take a turn guarding at!
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