She stated that the robber put all the money into a yellow paper bag. 2d 768 (Ala.1986). See also Annot., 126 A.L.R. However, this court has recently quoted the pertinent language from Dickerson in Barton v. State, 494 So. 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. However, during the direct examination of Mildred Wilkins, the following transpired: Furthermore, the appellant's claims are jury arguments concerning witness credibility and do not address the legal sufficiency of the evidence. The Court further indicated that there was no record of any objections to the declaration of mistrial in any of the three previous trials. The officers in this police car returned his fire and the appellant fell again near the motel swimming pool after being shot. Officer Middleton testified that he pulled up beside a person at Second Alley and 13th Street who fit the description of the robbery suspect which he heard over the radio. I am proud to have been a part of that history, for good and for bad. 2d 531 (1975). She testified that the man reached into a bundle which he was carrying and pulled something out. Click here to sign up for our newsletter. 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."). Walker v. State, 416 So. Charles A. Graddick, Atty. Two experts testified that they believed that the bullets found in Sergeant Ballard's body and his car were fired from the pistol taken from the appellant. I well remember when Gene Ballard was shot and having to take a turn guarding Anderson at the hospital. 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. 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. 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 at 228, quoting the Court of Appeals' finding at 730 F.2d 620. Ms. Tapscott described this man as six feet tall, wearing a blue and white striped sweater-shirt and a brown leather hat with a small visor. Alabama 36108 . Josephus & Sarah had the following children: John Phalen, Albanus Lonzo, Arletha & Minnie L. After Josephus died in 1886 Sarah married . 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. Charles A. Graddick, Atty. This site is protected by reCAPTCHA and the Google, Alabama Court of Criminal Appeals Decisions. Born 1926 and died 1984. July 19, 2018. . Ballard was shot and killed by Josephus Anderson, who was fleeing a bank robbery. 1981); Singleton v. Lefkowitz, 583 F.2d 618 (2d Cir.1978). 182, 96 So. 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. . Certain acts can have important unintended consequences. Notify me of follow-up comments by email. Both concluded that Michael Donald was hung as a result of a drug deal gone bad. 21-201, Code of Arizona, which requires that "[e]very juror, grand and trial, shall be an elector in the county." Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. The prosecution of Josephus Anderson for the murder of Officer Ballard would then commence a long 5 1/2 year process which would include four trials, the first three of which would end in hung juries. Sign up for our free summaries and get the latest delivered directly to you. 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. The appellant argues that the trial court erred in denying him access to a transcript of each of his two prior trials. Upon calling him over to his car, Anderson leaned into the vehicle and shot Ballard several times and then ran away. denied, 416 U.S. 973, 94 S. Ct. 1998, 40 L. Ed. In addition to the arguments already raised, the appellant claims that the trial court erred in denying his motion for continuance on the basis of newly discovered witnesses and on the basis of pre-trial publicity; in failing to grant his motion for mistrial on the basis of the relationship between Lula White and the victim's widow; in the denial of his motion for a mistrial after repeated violations of the trial court's order to prohibit filming of the jury by the news media. 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. The appellant was ordered to stop, but did not do so. 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. 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.. Court of Criminal Appeals of Alabama. The lynching of Michael Donald - March 20, 1981. 47 Am.Jur.2d Jury 106 (1969). However, in Ex parte Cochran, 500 So. 1978). Approximately six other police officers were involved in the apprehension of the appellant. 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?" The history we now want is the history of how we got past this horror. 166, 320 So. 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. 2d 1131, 1132 (Ala.Crim.App. He died in September 1984 at 58 years old. As stated in Frazier v. State, 56 Ala. App. Bracy v. State, 473 So. While committing a robbery, Josephus Anderson murdered a white police officer in Birmingham, Alabama. So what were the unforeseen consequences of this story and how did they come about? The Supreme Court in Hunter determined that 182 was unconstitutional under the following guidelines for analysis. Summary Joseph Anderson was born on July 24, 1926. Freeman v. State, 505 So. https://comebacktown.com/2021/08/31/how-birmingham-is-totally-unique/. Wasnt the trial moved to Mobile at some point? 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. 2d 877 (Ala.1979); Scruggs v. State, 359 So.2d *296 836, 842 (Ala.Cr.App. Ms. Hill identified the appellant as the man who robbed the bank on November 29, 1979. On December 18, 1979, the Honorable William N. Clark was appointed to represent appellant in this cause. Following Defendant's conviction, the cumulative vote total was still twenty-seven for acquittal, twenty-one for conviction." Mrs. White testified that aside from the introduction, nothing else occurred. 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." As such, it violates equal protection under Arlington Heights." Appellant also filed a motion to produce and a motion for change of venue on May 6, 1981. 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. Ms. Tapscott stated that Shannon Hill gave the robber some rolls of change and "marked" money from her teller drawer. The defense counsel made a motion for mistrial because of this filming on three separate occasions. . The parties further stipulated that all the other jurors who had heard any of the pretrial publicity stated they could disregard their recollections and base their verdict on the testimony they heard during the trial. 117, at 122 (N.D.Ala.1966). 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. The record firmly establishes the fact that appellant was most ably represented at all times during the disposition of his robbery case. By B.J. 2d 1211 (Ala.1979) we find that this statute is constitutional. dsher@amsher.com. 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." 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. Donald was beaten to death and his body hanged in a tree. The photograph of appellant did not have an "IR number" on the front of the photograph as did the other five photographs. This section was held constitutional on its face, Bokulich v. Jury Comm'n of Greene County, Ala., 298 F. Supp. See also Jackson v. State, 516 So. Joseph Anderson . 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. Ala.Code 15-2-20 (1975). Donald was beaten to death and his body hanged in a tree. As this court stated in Chillous v. State, 405 So. Fields v. State, 424 So. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. All rights reserved (About Us). Atty. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. 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. On December 11, 1979, Ms. Tapscott and Ms. Hill were shown six photographs, one of which was appellant's. He stated that he heard a communication over his police radio regarding the robbery at approximately 3:55 p.m. Ellis v. State, 338 So. The 1981 Lynching that Bankrupted an Alabama KKK. Cumbo v. State, 368 So. Furthermore, there is no evidence in the record that the jurors were even aware of the Klan killing. 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. 2d 943, 949 (Ala.Cr.App.1986), wherein it was stated: "`Not every denial of a motion for continuance to obtain witnesses violates the accused's right to compulsory process. Jill Tapscott, branch manager of Jefferson Federal Savings and Loan on Fifth Avenue in downtown Birmingham, Alabama, testified that, on November 29, 1979, she was working at the branch office along with Shannon Hill and Jane Baird. 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. It is appellant's contention that his picture shown to the witnesses in which an "IR number" was missing and where his name was written on the back coupled with the publicity at the time of the witnesses viewing the photograph resulted in a suggestive and improper photographic lineup procedure. Absent a showing of actual prejudicial influence on the jury, the trial court's denial of a motion for continuance will not be reversed. This disparate effect persists today. I lived this historyI remember seeing KKK members one time during those years. App.1986), quoting Johnson v. State, 378 So. We disagree. 2d 843 (Ala.1978). See also Dobbins v. State, supra. 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. Birmingham is dyinga rebuttal to an editorial, Hope for Birmingham hikers, bikers, and runners. Furthermore, because there has been no showing of a disproportionate impact on blacks because of this section, see Smith v. State, 482 So. There he observed appellant lying on the ground in front of the motel swimming pool. Chrysler Credit Corp. v. McKinney, 456 So. It is not the function of this Court to decide whether the evidence is believable beyond a reasonable doubt and to a moral certainty. 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." 2d 92 (1973).'" *294 Douglas H. Scofield and William N. Clark, Birmingham, for appellant. History itself is proof of this. 2d 451 (Ala.Cr.App.1981). 2d 589 (1975). The judgment of conviction is affirmed. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. denied, 389 U.S. 1048, 88 S. Ct. 768, 19 L. Ed. 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. 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. Yeah, no more ads! Ex parte Poole, 497 So.2d *303 537, 543 (Ala.1986). Sergeant Albert Eugene Ballard, the victim, was in uniform on the day in question. (Emphasis added in Poole.) Setting a precedent, the lawsuit opened the door for others to file civil cases against hate groups and their members in the United States. The men drove the car to the next county into a secluded and wooded area. Gen., for appellee. More at History. 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. 2d 1179 (Ala.1985) an appellant claimed that the trial court committed error by failing to furnish him with transcripts of his first trial and other proceedings so that he could effectively cross-examine and impeach the State's witnesses. There she assisted Officer Bearden record the serial numbers of the money and travelers checks that had been recovered from appellant. The jury was unable to reach a verdict on the sentence and, pursuant to Beck v. State, 396 So. She testified that the police car then ran into a utility pole and stopped. We have carefully searched the record for errors injuriously affecting the substantial rights of appellant and have found none. She said that she then heard three shots and saw the man ran down an alley. ), cert. Our entire world has a dark history, and America is no exception. 654, 658, 282 So. 2d at 1184-85. YouTubes privacy policy is available here and YouTubes terms of service is available here. The evidence must be considered in the light most favorable to the prosecution. Were we to find prejudice in this case, we would have to totally disregard the presumption in favor of the trial court's ruling and resort to speculation. All Filters. Bell v. State, 339 So. Hunter v. Underwood, supra, 471 U.S. at 233, 105 S. Ct. at 1923, 85 L. Ed. The appellant concedes in brief that there is no indication from the record that the State used its peremptory challenges to systematically exclude blacks from the jury, which was comprised of ten whites and four blacks, as prohibited under the doctrine of Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. Appellant was viewed by the witnesses in a well-lighted building, in the daylight hours, for approximately five minutes and within a close proximity. He is the author of the recently published book Life and Death in the Magic City. Josephus Anderson, age 79, would die from natural causes in March . He was one scary dude. Research genealogy for Josephus Marion"Buster" Anderson Jr of Epes, Sumter, Alabama, as well as other members of the Anderson Jr family, on Ancestry. 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. Clickhereto sign up for ournewsletter. Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. 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. More Information on this Page. 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. Memorial has been sponsored successfully. 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. ), cert. Gunfire was exchanged and the appellant was apparently shot in the face and the stomach. 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. denied, 372 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. 2d 96 (Ala.Cr.App.1976). 2d 1185, 1205 (Ala.Cr.App.1979), *300 writ denied Ex parte Chambliss, 373 So. In view of the history surrounding this statute, and in view of the non-discriminatory legislative purpose behind this statute, and after determining the effect of the Supreme Court's decision in Hunter on this statute, we conclude that it is constitutional on its face. In 1981, Josephus Anderson, an African American, was charged with the murder of a white police officer in Birmingham, Alabama while committing a robbery. 2d 446 (Ala.1984): "In Clements v. State, 390 So. 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. Hollars University of Alabama Press, $24.95 Reviewed by SCOTTY E. KIRKLAND Correspondent In 1979, Sgt. 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. A marked police car pulled up beside the suspect at the motel and the suspect shot at this vehicle. Ex parte Anderson, 457 So. 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. 363, 279 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. 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. Hoover parents, is this best for our kids. The killing had occurred in Birmingham, Alabama, but the trial had been moved to Mobile, Alabama. See also Beauregard v. State, 372 So. Ms. Hill were shown six photographs, one of which was appellant 's officer in Birmingham, Alabama in Magic... Best for our free summaries and get the latest delivered directly to you did other. Of mistrial in any of the recently published book life and death in the record the... Exchanged and the stomach Scruggs v. State, 56 Ala. App Ex Poole... Several times and then ran away Anderson, age 79, would die from natural causes in March 2021... Was fleeing a bank robbery as did the other five photographs the disposition of his robbery case a... 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