2d 446 (Ala.1984). It is important for the next generations to know, so they can choose different paths, otherwise the negative forces of humankind (superiority of ones own group, setting profit and power as the ultimate goal and test of success, etc.) The fact that jurors knew of the case did not establish that at the time of empaneling they were biased against the defendant where they swore that their knowledge would not affect their judgment. Jorden - Josephus . 2023 Advance Local Media LLC. 2d 406 (Ala.Cr.App.1981); Weaver v. State, 401 So. Sitting in his patrol car, Sgt. 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. Furthermore, because there has been no showing of a disproportionate impact on blacks because of this section, see Smith v. State, 482 So. 2d 1014 (Ala.Cr.App.1982). ), cert. Gunfire was exchanged and the appellant was apparently shot in the face and the stomach. Charles H. Newfield, a Birmingham police officer, testified that he was working an extra job at Sears in downtown Birmingham on the day of the robbery. He is the author of the recently published book "Life and Death in the Magic City. Skip Ancestry main menu Main Menu. Gen., for appellee. History itself is proof of this. 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. 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. Certain acts can have important unintended consequences. 2d 547 (Ala.Cr.App.1984). See, for example, Loper v. State, 469 So. The record indicates that before the jury venire was present, the defense counsel moved for a continuance, stating that during the week prior to this hearing he had received a letter from the prosecutor stating that, pursuant to a conversation with the former deputy district attorney, he had become aware of two additional witnesses. Through a 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. In 1981, shortly after the jury in the first trial of Anderson could not reach a verdict, several members of the Ku Klux Klan in Mobile reacted to this outcome by abducting a 19 year old Black man named Michael Donald. Henry Hays and James Knowles were armed with a gun and a rope when they happened upon Michael Donald who was walking home from purchasing a pack of cigarettes for his sister. See, e.g., McKinney v. Wainwright, 488 F.2d 28 (5th Cir. . Thanks for the continued horrible and discussing HISTORY of Alabama and Birmingham. Required fields are marked *. 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. 2d 1131, 1132 (Ala.Crim.App. Frazier v. State, 528 So. 2d 645 (1968), and neither was adopted for nor promoted the purpose of fostering racial discrimination. Born in 28 May 1905 and died in 19 Oct 1979 Epes, Alabama Josephus Marion "Buster" Anderson Jr. 2d 549 (1970). 2d 683, 687 (Ala.Cr.App.1985). After arriving at the bank, Officer Erwin stated that Jill Tapscott gave him a description of the robber which he then relayed over the police radio. Rhoden Josephus Living in 62 Anderson Street Talladega Alabama, Phone: 256-358-7224, Email: josephus5219@gmail.com, Relatives: Available. Jackson v. State, 414 So. All Filters. Id. Records of the police department indicated that this "robbery-in-progress" broadcast was made at 3:34 p.m. Articles of the appellant's clothing, rolls of coins taken from the appellant's pockets, a total of $2,058 in currency, and $13,300 in travelers checks were recovered from the scene. To ensure that Michael Donald was dead, Henry Hays cut the mans neck three times. Yet today, things have changed, and change needed to come at that time. It is clear that the appellant has not made the requisite showing in order to prove that he was deprived of his right to compulsory process as a result of a denial of his motion for continuance. 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. Your email address will not be published. Under 15-14-56(a), "[w]henever a victim is unable to attend such trial or hearing or any portion thereof by reason of death the victim's family may select a representative who shall be entitled to exercise any right *305 granted to the victim, pursuant to the provisions of this article." ), cert. 2d 843 (Ala.1978). A black man, who was tall and wore a long coat which was either black or dark brown, walked out to the police car. Birmingham Police Officer Joe Johnson testified and corroborated the testimony of Officer Middleton. Their line of thinking was that a black man would never convict another black man for killing a white police officer. Bracy v. State, 473 So. Arraignment was held on January 16, 1981, with court-appointed counsel present, wherein appellant entered a plea of not guilty. 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. 1 Div. The appellant argues that the trial court abused its discretion by denying his motion for mistrial based on the unresponsive testimony of two witnesses. Atty. Tolliver v. State, 50 Ala.App. After a hearing on March 25, 1982, said motion was denied. 2d 1083, 1089 (Ala.Cr. App.1978). This was likely related to the lack of positive eyewitness identification of Anderson as the person who shot Ballard and questions regarding ballistic evidence. The appellant argues that the trial court erred in excepting the victim's widow from the rule. 12-3-16, Code of Alabama (1975). During the voir dire, the trial judge asked, "Is there anyone here that's lost the right to vote for reason of being convicted of a crimeany serious felony or criminal offense involving moral turpitude?" David Sher is the founder and publisher of ComebackTown. Dolvin v. State, 391 So. Ms. Tapscott stated that, when the black man saw her walk into the front office, he also pointed the gun at her. The facts of this case are as follows: The petitioner, Josephus Anderson, was indicted on December 7, 1979, in Jefferson County for the November 29th capital murder of Officer Albert Eugene Ballard. Rehearing Denied April 26, 1988. Both witnesses replied that they recalled what the robber looked like *1370 by viewing him during the robbery of the bank rather than from viewing any photographs. 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. https://comebacktown.com/2021/08/31/how-birmingham-is-totally-unique/. In addressing the purpose behind this statute, the committee states that "[R]equiring jurors to be electors attempts to insure that citizens who uphold and obey the law will be selected as jurors to discharge the responsibility of jury service." In re Winship, 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. Carter v. Jury Comm'n, 396 U.S. 320, 332-33, 90 S. Ct. 518, 525, 24 L. Ed. 4, 325 So. Officer Middleton identified appellant as the fleeing man. HARRIS, Judge. The man rounded a corner and Newfield cut through a breezeway by the Southern Motor Inn. During the defense counsel's examination of Mrs. White concerning this statement, she explained that she had not known the widow prior to the trial. The remaining jurors who had some knowledge of the case indicated that they could disregard their recollection and base their verdict on the testimony they heard at trial. Many have left due to job availability and desire for betterment for themselves and their family. 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." Gen., for appellee. 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. Specifically, the appellant alleges that the State was allowed to indirectly "purposely exclude blacks from serving on a jury," an act which the State is not permitted to do directly, i.e., use its peremptory challenges to systematically exclude blacks. A mistrial was declared. Thus, there is no adverse ruling for this court to review. Johnson v. State, 406 So. Joseph Anderson in Birmingham, AL 35 results - Joseph Anderson may also have lived outside of Birmingham, such as Huntsville, Mobile and 2 other cities in Alabama. 2d 787 (Ala.1986). ), affirmed, 457 So. As to the argument regarding the filming of the jury, the record indicates that on approximately six occasions, photographers appeared either in the two windows (approximately four inches wide and 36 inches long) in the courtroom or in the doorway in order to take pictures. He stated that he heard a communication over his police radio regarding the robbery at approximately 3:55 p.m. Lopez v. State, 415 So. denied by Alabama v. Dickerson, 459 U.S. 878, 103 S. Ct. 173, 74 L. Ed. [2] "Our opinion today should not be construed as holding that a party may not make inquiry about prior convictions of crimes involving moral turpitude that do not result in a loss of the right to vote. 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). 2d 777, 786 (Ala.Cr.App.1985), judgment affirmed by Ex parte Wilhite, 485 So. She testified that the man reached into a bundle which he was carrying and pulled something out. As the appellant points out in his brief, the United States Supreme Court has held that due process protects a defendant against conviction unless there is proof beyond a reasonable doubt. While these actions were clearly improper, there is no indication that the appellant was so prejudiced as to require a mistrial. 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. In Hunter v. Underwood, supra, the United States Supreme Court held that Article VIII, Section 182, of the Alabama Constitution of 1901, which provides for the disfranchisement of persons convicted of certain enumerated felonies and misdemeanors, including "any crime involving moral turpitude," served to discriminate against blacks; thus it violated the Equal Protection Clause of the Fourteenth Amendment. Another witness testified that she observed the officer in the police car call the man over to his car. See Stevens v. State, 451 So. 2d 531 (1975). We only hold that convictions of these crimes do not result in disqualifying a jury for cause." 2d 1296 (Ala.Cr.App.1978); Boutwell v. State, 279 Ala. 176, 183 So. 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. Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. The man was carrying a yellow sack. 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. Appellant was tried before a jury on January 27, 1982, and was found guilty as charged. Josephus Dekoning currently lives in Anderson, AL; in the past Josephus has also lived in Orland Park IL, Monee IL and Steger IL. Cumbo v. State, 368 So. I knew he in that mess but. 2d 1195, 1198 (Ala.Cr.App. Similarly, in the case at bar, the record indicates that the same attorney who represents the appellant on this appeal also represented him during his third trial, and has been acting as his attorney at least since 1979. 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."). In Alabama, "the statutory prerequisite to jury service requiring the absence of any conviction of an offense involving moral turpitude is an absolute" and mandates disqualification if a prospective juror falls in that category. Appellant was sentenced to life imprisonment in the state penitentiary. denied, 359 So. 2d 1247 [at 1248] (Ala.Crim.App.1985) (citation omitted).". A motion for new trial was filed on February 25, 1982. 2d 713, 716 (Ala.Cr.App.1985). After losing sight of appellant, Officer Newfield stated that he heard gunshots. However, this court has recently quoted the pertinent language from Dickerson in Barton v. State, 494 So. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. 1981); Singleton v. Lefkowitz, 583 F.2d 618 (2d Cir.1978). Ala.Code 15-2-20 (1975). denied, Ex parte Clements, 390 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). Our entire world has a dark history, and America is no exception. The record reveals no prejudice caused to the appellant because of the failure to make these two prior transcripts a part of the record. After a review of the issues raised, we deny the relief sought. Joseph Anderson in Alabama 269 people named Joseph Anderson found in Mobile, Huntsville and 12 other cities. Josephus was a real bad actor. Working together, the two men pulled Michael Donalds body up over a tree limb. Thus, the appellant claims that this tally should raise a reasonable doubt as to the validity of the jury verdict. 2d 821 (1969); Morton v. State, 338 So. After such a mistrial, the retrial of the defendant is not barred by double jeopardy.' The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 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? 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. His wife was Logan Anderson His parents were G.I. Bridges v. State, 284 Ala. 412, 225 So. Thanks T.K.! 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. The trial judge then offered to exclude the answer *304 and to give an appropriate jury instruction. Refine Your Search Results All Filters 1 Joseph Dwight Anderson, 54 Resides in Prattville, AL Lived In Tampa FL, Autaugaville AL The suspect turned and fired at the officers and then ran into the area of the Southern Motor Inn Motel. 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. Furthermore, defense counsel and the district attorney stipulated that twenty seven jurors were questioned individually outside the presence of the other jurors concerning their recollection of any publicity surrounding the case. Get free summaries of new Alabama Court of Criminal Appeals opinions delivered to your inbox! 1978). Dr. King hoped we would use different criteria to judge other INDIVIDUALS. Black people should support this annexation as well as any annexation done by mostly Black central cities. This section was held constitutional on its face, Bokulich v. Jury Comm'n of Greene County, Ala., 298 F. Supp. at 545. Appellant was subsequently tried for robbery approximately one year later on January 25, 1982. Just before the FBI was to close the case, Rev. 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. 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. 2d 992, 994 (Ala.Cr. Following his conviction in 1985, the jury recommended a sentence of life without parole. A yellow sack was lying on the ground near the appellant. You're all set! 95. So what were the unforeseen consequences of this story and how did they come about? The defense counsel made a motion for mistrial because of this filming on three separate occasions. Officer Newfield testified that he then ran in the direction of the sound of the gunshots which led him to the Southern Motor Inn Motel. When Donald approached the car, he was forced at gunpoint to get inside. Two additional jurors who stated they had no previous knowledge of the case replaced those jurors who were struck for cause. She identified appellant as the black male who robbed the bank on November 29, 1979. 117, at 122 (N.D.Ala.1966). Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. The petitioner was charged under 13-11-2(a)(5), Alabama Code 1975. The appellant cites Dickerson v. Alabama, 667 F.2d 1364 (11th Cir.1982), cert. Born in 25 Sep 1861 and died in 15 Jul 1927 Epes, Alabama Josephus Marion Anderson I Skip to main content Home Memorials Cemeteries Famous Contribute Register Sign In Register Sign In Memorial updated successfully. As Hays tied a rope around Donalds neck, Knowles continued to beat Donald with the tree branch. 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. Jackson v. State, 414 So. Furthermore, both witnesses gave accurate, detailed descriptions of the appellant immediately after the robbery occurred. Bradley v. State, 450 So. Jones v. State, 469 So. Alabama 36108 . 182, 96 So. Cumbo v. State, 368 So. 2d 226 (1974). *301 The analysis and holding in Hunter have since been used where black citizens challenged the constitutionality of an at-large method of electing county commissioners and school board members, Dillard v. Crenshaw County, 640 F. Supp. During each trial Anderson would be prosecuted and defended by two tenacious attorneys, David Barber, later to become the District Attorney of Jefferson County and by William Clark, who was likely responsible for Anderson not receiving the death penalty. 2d 450 (1977). 2d 522 (Ala.Cr.App.1985); Bell v. State, 466 So. The black male was described as having short hair and a moustache and carrying a silver revolver with a brown handle. Id. Guilt should be directed to the criminals of the crimes, not a rehash of HISTORY that most of us know. I am proud to have been a part of that history, for good and for bad. The record indicates that the prospective jurors indicated that despite their knowledge of the events concerning the shootings of the police officers, they could remain impartial and would base their decision on the evidence presented. Josephus R. Anderson was indicted by the Jefferson County Grand Jury on December 7, 1979, for robbery. 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. denied, 389 U.S. 1048, 88 S. Ct. 768, 19 L. Ed. 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. 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. Public Domain. Ms. Hill identified the appellant as the man who robbed the bank on November 29, 1979. Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. This site is protected by reCAPTCHA and the Google, Alabama Court of Criminal Appeals Decisions. She described the man as approximately 6 feet tall, weighing 180 pounds, wearing "a brown leather hat with a little visor and a light weight wool sweater with blue and white stripes going across the chest"; he was also wearing a jacket. App.1986), quoting Johnson v. State, 378 So. 2d at 228. *294 Douglas H. Scofield and William N. Clark, Birmingham, for appellant. 2d 538 (1973).". 2d 44 (Ala.1979). Example: Yes, I would like to receive emails from ComebackTown. The Court further found no merit in the State's contention that despite the original purpose of 182, subsequent events had legitimated the provision, stating that "[w]ithout deciding whether 182 would be valid if enacted today without any impermissible motivation, we simply observe that its original enactment was motivated by a desire to discriminate against blacks on account of race and the section continues to this day to have that effect. "`In determining the sufficiency of the evidence to sustain the conviction, this Court must accept as true the evidence introduced by the State and accord the State all legitimate inferences therefrom. And we have overcome much already, with a only little yet to go. This disparate effect persists today. A Coroners Perspective of Jefferson County, Alabama in the Early 20th Century. The book provides a review of Jefferson County during the turbulent first half of the 20th century as seen through the eyes of the coroners, law enforcement officials and news media during that time along with statistical comparisons to our current community. The Court in Poole further interpreted this code section in light of the holding in Hunter v. Underwood, supra. Upon calling him over to his car, Anderson leaned into the vehicle and shot Ballard several times and then ran away. 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. However, in Ex parte Anderson, supra, at 449-51, the Alabama Supreme Court found that the circumstances of this case do not present a breach of due process: Furthermore, the appellant's conviction upon his fourth retrial did not violate due process. I was born/raised in Birmingham. Obviously some guest columnist would like to educate about our past so we can learn from our mistakes. All the Judges concur, except BOWEN, P.J., who concurs in the result only. He stated that his partner said, "Halt, police," after which the black male began to run. 1977). 2d 878,880 (Ala.Cr.App. denied, 368 So. 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. The defense counsel introduced newspaper articles to support his claim. The police records showed that a radio transmission was made at 3:49 which stated, in substance, "Oh me, 200 block. The appellant argues that because jury lists are customarily taken from the voter registration list, he should have been allowed to interview the individual who did the preliminary voir dire examination, to determine if jurors were excluded from the venire on the basis of convictions of crimes involving moral turpitude. It is not the function of this Court to decide whether the evidence is believable beyond a reasonable doubt and to a moral certainty. 2d 1204 (Ala.Cr.App.1982). She stated that the robber put all the money into a yellow paper bag. This thought experiment in comparison ponders a Black man's conviction that his Hebrew identity would make him immune to COVID-19. In so doing, this group stated: American Bar Association, Standards Relating to Juror Use and Management 50 (1983). The trial court denied these motions and indicated that he had been observing the members of the jury and that all had appeared to be attentive to the trial and in no way distracted by the cameramen. 2d 799 (1963), is without merit. The evidence must be considered in the light most favorable to the prosecution. On December 11, 1979, Ms. Tapscott and Ms. Hill were shown six photographs, one of which was appellant's. 786 ( Ala.Cr.App.1985 ) ; Bell v. State, 415 So the trial court erred in excepting the 's. No adverse ruling for this court to decide whether the evidence must considered! Things have changed, and change needed to come at that time Scofield and William josephus anderson alabama Clark,,... Would use different criteria to judge other INDIVIDUALS the continued horrible and discussing HISTORY of Alabama and.. She testified that the robber put all the Judges concur, except BOWEN, P.J., who in! 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Tapscott stated that, when the black male who robbed the bank on November 29, 1979 Michael body. At approximately 3:55 p.m. Lopez v. State, 415 So desire for for..., 415 So defendant is not the function of this story and did!