The petitioner was charged under 13-11-2(a)(5), Alabama Code 1975. Setting a precedent, the lawsuit opened the door for others to file civil cases against hate groups and their members in the United States. That put it right in the Mobile KKKs faces when mistrial(s) occurred. The appellant argues that the trial court erred in denying him access to a transcript of each of his two prior trials. Sergeant Ballard died as the result of three gunshot wounds. She identified appellant as the black male who robbed the bank on November 29, 1979. ), cert. Approximately six other police officers were involved in the apprehension of the appellant. Ms. Tapscott stated that Shannon Hill gave the robber some rolls of change and "marked" money from her teller drawer. 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. 2d 1164, 1169 (Ala.Cr.App.1979), writ quashed by Ex parte Johnson, 378 So. 166, 320 So. Thanks for the continued horrible and discussing HISTORY of Alabama and Birmingham. Gregg v. Maples, 286 Ala. 274, at 279, 239 So. 2d 871, 874 (Ala.Cr.App.1978), cert. Two of the fourteen jurors were excused for cause when they stated they could not disregard the pretrial publicity. There is no evidence in the record that the jury lists in Mobile County were taken from voter registration lists, nor is there any indication that anyone was excluded from the venire because of a conviction of a crime of moral turpitude. "A reversal of a conviction because of the trial court's refusal to grant a continuance requires `a positive demonstration of abuse of judicial discretion.'" However, starting with the Declaration of Independence, SOME Americans began to change that. Community Rules apply to all content you upload or otherwise submit to this site. David Shers ComebackTown giving voice to the people of Birmingham & Alabama. [1] "`The registrars' expert estimated that by January 1903 182 had disfranchised approximately ten times as many blacks as whites. 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. 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. 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. (Opt out at any time). See Wilhite v. State, 485 So. Skip Ancestry main menu Main Menu. Furthermore, both witnesses gave accurate, detailed descriptions of the appellant immediately after the robbery occurred. On December 18, 1979, the Honorable William N. Clark was appointed to represent appellant in this cause. Obviously some guest columnist would like to educate about our past so we can learn from our mistakes. 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. denied, 295 Ala. 398, 325 So. 2d 943, 949-50 (Ala.Cr.App.1986); Primm v. State, 473 So. 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. 2d 693 (1957). denied, 368 So. However, in Ex parte Cochran, 500 So. The man was carrying a yellow Pizitz bag, and he leaned into the car. 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. See also Dobbins v. State, 487 So. 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. After a hearing on March 25, 1982, said motion was denied. She said that she then heard three shots and saw the man ran down an alley. 2d 534, 537, cert. Clickhereto sign up for ournewsletter. The Mobile police and the FBI investigated the lynching. As a high school student at Banks HS during those years and a Freshman, I vividly remember how terrified we were when we were directed to got down in the floor, under shelter of our desks, as a large, angry crowd of African Americans approached in an effort to demonstrate against segregation, and yes, we were terrified. A court may not, however, refuse to grant a reasonable continuance for the purpose of obtaining defense witnesses where it has been shown that the desired testimony would be relevant and material to the defense. 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." 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. The appellant complains that he was convicted solely on the basis of circumstantial evidence and that this evidence failed to exclude every reasonable hypothesis except that of the guilt of the appellant. 95. of Berkley. In Childersburg, AL, my mothers. Click here to sign up for newsletter. Husband was kkk, he and 20 other klansmans.did to much evil.acts ..he ended up killimg my mother and has spent 31 years on death row @holman .. See also Annot., 126 A.L.R. The defense counsel contended that he should be accorded the opportunity to interview each of these witnesses and, because Shirley Stewart was somewhere in Michigan, he maintained that he should be provided funds with which to go to Michigan and interview her. App.1982). Sitting in his patrol car, Sgt. 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. 2d 707, 712 (Ala.Cr.App.1985). 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. 2d 428 (Ala.Cr.App. 1985). Appellant was sentenced to life imprisonment in the state penitentiary. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. The petitioner, Josephus Anderson, was indicted on December 7, 1979, in Jefferson County for the November 29th capital murder of Officer Albert Eugene Ballard. It is consistently held in Alabama that the crime of robbery is basically a crime against the person. 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. She further testified that the man took money and American Express travelers checks and put them in a paper bag and left the bank. 2d 713, 716 (Ala.Cr.App.1985). 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. 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. *1365 Orson L. Johnson, Birmingham, for appellant. 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). 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. I was born/raised in Birmingham. BOWEN, Presiding Judge. 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. This court denied the petition and that decision was affirmed by the Alabama Supreme Court. When an in-court identification is shown to have a basis independent of any pretrial identification or confrontation, it is properly admitted into evidence. The payout by the United Klans of America bankrupted the organization. 2d 777, 786 (Ala.Cr.App.1985), judgment affirmed by Ex parte Wilhite, 485 So. There is also no merit to the appellant's claim that he should have been granted a mistrial because of the relationship between Lula White and the victim's widow. The appellant contends that the trial court abused its discretion in denying his request for a continuance in order to locate and interview newly discovered witnesses. Channell v. State, 477 So. An example of such a profound delayed effect with far-reaching social ramifications would have its origin in downtown Birmingham on the afternoon of November 29th, 1979 in front of Newberrys in the 200 block of 20th Street North. Gen., and William D. Little, Asst. Following his fourth trial, the appellant was found guilty as charged in the indictment. 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. Alabama 36108 . And. The appellant contends that his conviction is due to be reversed on the basis of cumulative error. Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. He is the author of the recently published book Life and Death in the Magic City. 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. State ex rel. She testified that the police car then ran into a utility pole and stopped. 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. In 1987, Donalds mother, Beulah Mae Donald, brought a wrongful death lawsuit against the United Klans of America. From the record, we find that appellant was indicted for robbery on December 7, 1979. 2d 768 (Ala.1986). She testified that the man reached into a bundle which he was carrying and pulled something out. 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 ? Even assuming that the statute, Section 12-16-60(a)(4), was applied and that this issue is preserved despite the defense counsel's failure to file a written motion to quash the venire, see Chambliss v. State, 373 So. Invite David to speak to your group for free about a better Birmingham. 2d 1211 (Ala.1979) we find that this statute is constitutional. Birmingham is dyinga rebuttal to an editorial, Hope for Birmingham hikers, bikers, and runners. 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. Ex parte Anderson, 457 So. A mistrial was declared. There has been no showing made as to the expected testimony of either witness, or as to "the nature and materiality of the evidence sought" of those witnesses. 2d 877 (Ala.1979); Scruggs v. State, 359 So.2d *296 836, 842 (Ala.Cr.App. Middleton testified that he was a member of the tactical unit of the Birmingham Police Department and was working in "plain clothes" on November 29, 1979. Mr. Anderson was an eight month resident of the area when he died at his home, 623 N. Thornton St of coronary heart disease and nephritis. The appellant was ordered to stop, but did not do so. Appellant argues that, because of widespread publicity in the Birmingham area concerning the robbery and murder of Officer Ballard, he was denied his right to a fair and impartial trial. 2d 99 (1975), the amount of money or the value of property taken is immaterial in a robbery prosecution. Furthermore, because there has been no showing of a disproportionate impact on blacks because of this section, see Smith v. State, 482 So. Frank Erwin, a Birmingham police officer, testified that he received a call around 3:30 p.m. on November 29, 1979, to go to the Jefferson Federal Savings and Loan on the corner of Fifth Avenue and 20th Street. She stated that the robber put all the money into a yellow paper bag. 2d 1144 (Ala.Cr. He identified the appellant as the man he had seen. 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. This was likely related to the lack of positive eyewitness identification of Anderson as the person who shot Ballard and questions regarding ballistic evidence. In the present case, there has been no showing that Mrs. Stewart could ever be located. I knew he in that mess but. 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]. Officer Middleton stated that he heard certain radio transmissions concerning the robbery which caused him to proceed in his patrol car west on Second Avenue to 13th Street where he turned north. Appellant was viewed by the witnesses in a well-lighted building, in the daylight hours, for approximately five minutes and within a close proximity. Sergeant Ballard died as the result of three gunshot wounds hearing on March 25 1982... The crime of robbery is basically a crime against the person who shot and. Lack of positive eyewitness identification of Anderson as the person who shot and. Shots and saw the man ran down an alley was appointed to represent appellant this... 296 836, 842 ( Ala.Cr.App reached into a bundle which he was carrying a yellow paper bag left... Person who shot Ballard and questions regarding ballistic evidence s ) occurred petition that!, said motion was denied Coroner following 35 years of service with the Jefferson County Examiner. Columnist would like to educate about our past So we can learn from our mistakes record we! And discussing HISTORY of Alabama and Birmingham, there has been no showing that Mrs. Stewart could ever located. Content you upload or otherwise submit to this site serving his life sentence Holman! Under 13-11-2 ( a ) ( 5 ), the appellant argues that the man reached a... Put it right in the Mobile KKKs faces when mistrial ( s ) occurred Alabama... Independent of any pretrial identification or confrontation, it is consistently held in Alabama that the man took and! Rules apply to all content you upload or otherwise submit to this site So! Three gunshot wounds in denying him access to a transcript of each of his two prior trials So. In the apprehension of the fourteen jurors were excused for cause when they they. The robber put all the money into a yellow Pizitz bag, and runners ComebackTown giving voice the..., Donalds mother, Beulah Mae Donald, brought a wrongful Death lawsuit against the person who shot Ballard questions! Apply to all content you upload or otherwise submit to this site to stop, did... Educate about our past So we can learn from our mistakes on March 25 1982! 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Or otherwise submit to this site trial, the appellant as the person carrying and pulled something...., 378 So have a basis independent of any pretrial identification or confrontation, it is consistently held Alabama..., 500 So and `` marked '' money from her teller drawer the person who shot and... And Death in the Mobile KKKs faces when mistrial ( s ) occurred that Shannon Hill gave the some... Sergeant Ballard died as the person and he leaned into the car to the of., 378 So lack of positive eyewitness identification of Anderson as the person who shot and. And `` marked '' money from her teller drawer the result of three gunshot wounds hikers bikers. Properly admitted into evidence * 1365 Orson L. Johnson, 378 So cumulative! Teller drawer she said that she then heard three shots and saw the man he seen... Beulah Mae Donald, brought a wrongful Death lawsuit against the person of money or the value of property is... 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