Freeman v. State, 505 So. denied, 359 So. Ms. Hill stated that the black male remained in the bank for six minutes. Gen., for appellee. 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. Notify me of follow-up comments by email. 2d 531 (1975). Snipes v. State, 364 So. Just before the FBI was to close the case, Rev. The defense counsel introduced newspaper articles to support his claim. 2d 645 (1968), and neither was adopted for nor promoted the purpose of fostering racial discrimination. 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 44 (Ala.1979). That is, the young population that remains here. *1365 Orson L. Johnson, Birmingham, for appellant. In Jefferson and Montgomery Counties blacks are by even the most modest estimates at least 1.7 times as likely as whites to suffer disfranchisement under Section 182 for the commission of non-prison offenses.'" Following his fourth trial, the appellant was found guilty as charged in the indictment. Click a location below to find Joseph more easily. 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. 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. 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. 2d at 231. Memorial has been sponsored successfully. 2d 1018,1020 (Ala.Cr.App.1986). 500 So. 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." 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. 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. 2d 943, 949-50 (Ala.Cr.App.1986); Primm v. State, 473 So. As Hays tied a rope around Donalds neck, Knowles continued to beat Donald with the tree branch. In re Winship, 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. Bradley v. State, 450 So. A jury, on Feb. 1, found Josephus Anderson, 27, guilty of perjury for lying at an evidentiary hearing where he recanted the testimony he made during Willie Anderson II's, trial in October 2015 . David Sher is the founder and publisher ofComebackTown. [1] "`The registrars' expert estimated that by January 1903 182 had disfranchised approximately ten times as many blacks as whites. 2d 1109, 1111 (Ala. Cr.App.1982). "`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. "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.'" ), affirmed, 457 So. Johnson v. State, 406 So. Ms. Tapscott testified that she herself gave the robber over $13,000 in American Express Travelers Checks. While committing a robbery, Josephus Anderson murdered a white police officer in Birmingham, Alabama. Bracy v. State, 473 So. 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. The petitioner, Josephus Anderson, was indicted on December 7, 1979, in Jefferson County for the November 29th capital murder of Officer Albert Eugene Ballard. Id. Carter v. Jury Comm'n, 396 U.S. 320, 90 S. Ct. 518, 24 L. Ed. 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. 2d 167 (Ala.Cr.App. dsher@amsher.com. Records of the police department indicated that this "robbery-in-progress" broadcast was made at 3:34 p.m. We note that, at the time of appellant's trial for robbery, he had previously been tried twice for the murder of Officer Eugene Ballard who was killed immediately after the robbery. Gen., Patricia E. Guthrie, Asst. Under Arlington Heights, a racially disproportionate impact alone does not make official action unconstitutional; rather, a discriminatory purpose or intent must be shown to prove a violation of the Equal Protection Clause. See also Dobbins v. State, 487 So. Colston v. State, 57 Ala.App. In 1987, Donalds mother, Beulah Mae Donald, brought a wrongful death lawsuit against the United Klans of America. 460, 301 So. Yeah, no more ads! Our entire world has a dark history, and America is no exception. Appellant also contends that the trial court erred in denying his motion for a trial continuance. On May 6, 1981, a motion to transfer appellant from Holman Station, Alabama, to the Jefferson County Jail was filed which was granted *1366 May 29, 1981. 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. 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. Hicks v. Wainwright, 633 F.2d 1146 (5th Cir. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. 2d 198, at 204 (1970), quoting Mitchell v. Johnson, 250 F. Supp. Public Domain. 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. 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. ), cert. 2d 1204 (Ala.Cr.App.1982). Following his conviction in 1985, the jury recommended a sentence of life without parole. See also Annot., 126 A.L.R. 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. 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. Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. Both concluded that Michael Donald was hung as a result of a drug deal gone bad. Our current day is proof of it. 2d 984 (Ala.Cr.App.1984). The younger generation should be encouraged to move ahead of this as they desire. ), cert. The defense counsel made a motion for mistrial because of this filming on three separate occasions. 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. Your email address will not be published. 2d 423 (Ala.Cr.App.1976). Anderson's lawyers were granted a change of venue and the trial moved to Mobile, Alabama. You're all set! Maybe its time to have this type of format used for promotion for the development of this city instead of the dark history of this nation and our part of it. at 545. All the Judges concur, except BOWEN, P.J., who concurs in the result only. Many have left due to job availability and desire for betterment for themselves and their family. A black man, who was tall and wore a long coat which was either black or dark brown, walked out to the police 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. 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. The appellant argues that the trial court erred in denying him access to a transcript of each of his two prior trials. Hunter v. Underwood, supra, 471 U.S. at 228, 105 S. Ct. at 1920, 85 L. Ed. I agree. He stated that his partner said, "Halt, police," after which the black male began to run. Click here to sign up for newsletter. The payout by the United Klans of America bankrupted the organization. 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. BOWEN, Presiding Judge. 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. 2d 799 (1963), is without merit. 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. Jay Glass retired as Chie Josephus R. Anderson was indicted by the Jefferson County Grand Jury on December 7, 1979, for robbery. Historical Person Search Search Search Results Results Josephus Marion"Buster" Anderson Jr (1905 - 1979) . When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. A marked police car pulled up beside the suspect at the motel and the suspect shot at this vehicle. On December 18, 1979, the Honorable William N. Clark was appointed to represent appellant in this cause. We collect and match historical records that Ancestry users have contributed to their family trees to create each person's profile. 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. When Donald attempted to escape by running away, he was caught and beaten with a tree branch. Officer R.E. 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.. ComebackTown has published close to 500 columns over an almost 10 year period with a lot of guest columnists. 2d 871, 874 (Ala.Cr.App.1978), cert. 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. At approximately 3:30 p.m., Ms. Tapscott stated that she walked into the front of the branch office and saw a black male holding a gun on Shannon Hill, a bank employee. 12-3-16, Code of Alabama (1975). This issue has already been decided adversely to the appellant by the Alabama Supreme Court in Ex parte Anderson, 457 So. While the direction of their energy may have been unpleasant, it is a fact that is a part of our past, as well as our education about where we lived and what was going on. Ala.Code 15-2-20 (1975). Hunter v. Underwood, supra, 471 U.S. at 233, 105 S. Ct. at 1923, 85 L. Ed. The record indicates that the victim's widow, Kalliopi Ballard Hartley, testified only that, on the day of the murder, her husband left home in his police uniform and that the next time that she saw him, he was dead. See Barton v. State, 494 So. In 1984, the Southern Poverty Law Center in Montgomery, Alabama, filed a wrongful death lawsuit against the United Klans of America. Appellant's photograph also had his name written on the back of the picture. . Dobbert v. Florida, 432 U.S. 282, 97 S. Ct. 2290, 53 L. Ed. 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. However, starting with the Declaration of Independence, SOME Americans began to change that. 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." 4, 325 So. Sign up for our free summaries and get the latest delivered directly to you. He is the author of the recently published book Life and Death in the Magic City. Following his conviction in 1985, the jury recommended a sentence of life without parole. . In view of the totality of the circumstances, we do not find the in-court identification of the appellant tainted by the exhibition of his photographs to witnesses Tapscott and Hall. 1985). Gen., and William D. Little, Asst. 2d 992, 994 (Ala.Cr. We cant rewrite OR I write that history. 2d 328 (1969)." Setting a precedent, the lawsuit opened the door for others to file civil cases against hate groups and their members in the United States. Two of the fourteen jurors were excused for cause when they stated they could not disregard the pretrial publicity. Michael's body was crumpled from beatings and his neck slashed. Ms. Tapscott stated that, when the black man saw her walk into the front office, he also pointed the gun at her. 2d 707, 712 (Ala.Cr.App.1985). Young v. State, 416 So. 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. Cookie Settings/Do Not Sell My Personal Information. 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. All Filters. 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. denied, 389 U.S. 1048, 88 S. Ct. 768, 19 L. Ed. 2d 435 (Ala.Cr.App. Memorialize Joseph's life with photos and stories about him and the Anderson family history and genealogy. 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. To ensure that Michael Donald was dead, Henry Hays cut the mans neck three times. 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." Appellant contends that the trial court erred in denying his challenge for cause of jurors Brown and Benjamin. Hoover parents, is this best for our kids. 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 photograph of appellant did not have an "IR number" on the front of the photograph as did the other five photographs. 47 Am.Jur.2d Jury 106 (1969). 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. The Supreme Court in Hunter determined that 182 was unconstitutional under the following guidelines for analysis. "Once racial discrimination is shown to have been a `substantial' or `motivating' factor behind enactment of the law, the burden shifts to the law's defenders to demonstrate that the law would have been enacted without this factor." When an in-court identification is shown to have a basis independent of any pretrial identification or confrontation, it is properly admitted into evidence. You can explore additional available newsletters here. See e.g. April 14, 1987. He observed a man fitting that description coming out of an alley; he therefore began to follow him. 1347, 1358 (M.D.Ala.1986); where a black nurse filed a discrimination suit against a hospital on the basis of adverse employment decisions, Davis v. State University of New York, 802 F.2d 638, 644-45 (2d Cir.1986); where minority police officers brought a civil rights action alleging employment discrimination, Minority Police Officers Association v. City of South Bend, 617 F. Supp. 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. Hays and Knowles motioned to ask Donald directions to a night club. A motion for new trial was filed on February 25, 1982. Thus, there is no adverse ruling for this court to review. denied, 368 So. Anyone who is still teaching young impressionable children to hate based solely on skin color is part of the problem. Ballard was shot and killed by Josephus Anderson, who was fleeing a bank robbery. 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. We know that Joseph . Officer Newfield stated that he followed appellant until he turned off Second Alley at 12th Street. Guilt should be directed to the criminals of the crimes, not a rehash of HISTORY that most of us know. 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. 2d 406 (Ala.Cr.App.1981); Weaver v. State, 401 So. See also Beauregard v. State, 372 So. 2d 1014 (Ala.Cr.App.1982). 2d 344 (1977); Murphy v. Florida, 421 U.S. 794, 95 S. Ct. 2031, 44 L. Ed. 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 at 230. "Poole, supra, at 544. He is the author of the recently published book "Life and Death in the Magic City. I agree with you. However, in Ex parte Cochran, 500 So. 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. The same week of Donald's murder, Knowles said, there was a different criminal case that had the attention of Mobile Klansmen: The trial of a Black man named Josephus Anderson. The record shows that appellant moved the trial court for a Rule 10(f) order to supplement the record to show the individual jurors' answers to voir dire questions. 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. Id. 2d 843 (Ala.1978). Get free summaries of new Alabama Court of Criminal Appeals opinions delivered to your inbox! She further testified that the man took money and American Express travelers checks and put them in a paper bag and left the bank. Officer Middleton stated that he approached the fallen suspect and took the pistol out of his hand. Bridges v. State, 284 Ala. 412, 225 So. 2d 821 (1969); Morton v. State, 338 So. Can Birmingham become an entrepreneurial city? Ms. Tapscott further stated this man was carrying a brownish-yellow paper sack. It is not the function of this Court to decide whether the evidence is believable beyond a reasonable doubt and to a moral certainty. The trial judge then offered to exclude the answer *304 and to give an appropriate jury instruction. 2d 92 (1973).'" 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. 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. 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. The man rounded a corner and Newfield cut through a breezeway by the Southern Motor Inn. Josephus Anderson, age 79, would die from natural causes in March . 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 only showing that was made was that some of the *1369 prospective jurors had some recollection of the events surrounding the robbery. Sitting in his patrol car, Sgt. 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. This comment is on the side story of Mobile annexation. David Shers ComebackTown giving voice to the people of Birmingham & Alabama. Historical Person Search Search Search Results Results Josephus Marion Anderson (1861 - 1927) Try FREE for 14 days Try FREE for 14 days How do we create a person's profile? Clickhereto sign up for ournewsletter. Lord, help me. 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. 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. Another witness testified that she observed the officer in the police car call the man over to his car. Other states have enacted similar statutes or statutes which promote similar results. Frazier v. State, 528 So. Jones v. State, 469 So. Joseph Anderson's bio. So what were the unforeseen consequences of this story and how did they come about? Fields v. State, 424 So. Atty. 2d 1164, 1169 (Ala.Cr.App.1979), writ quashed by Ex parte Johnson, 378 So. The man was carrying a yellow sack. Invite David to speak to your group for free about a better Birmingham. He specifically argues that editorials appearing in the Birmingham Post Herald after the second mistrial of his murder trial in Mobile emphatically stated that appellant was guilty of the robbery charge. 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. Maybe he should be a history professor at Univ. The Court further refused to accept the appellant's contention that the State had a legitimate interest in denying the franchise to those convicted of crimes involving moral turpitude, because the Court found that such a purpose was not a motivating factor of the 1901 Convention. He also offered to allow the defense counsel the right to continue to cross-examine the witness as much as he deemed necessary. The record shows that appellant was indicted on December 17, 1979, wherein the indictment reads as follows: Appellant argues that no evidence was produced at trial showing that anything other than travelers checks was taken from Ms. Tapscott and that no evidence was introduced showing the value of the travelers checks taken. See, for example, Loper v. State, 469 So. Clearly, these facts were undisputed. 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. The record reveals no prejudice caused to the appellant because of the failure to make these two prior transcripts a part of the record. Id. Furthermore, the trial judge explained that this question was merely a string of other questions which he asked as part of his introductory remarks to the jury in order to make them aware of the type of question which they might be asked. Following the petitioner's motion for a change of venue, the case was transferred to the Circuit Court of Mobile County. 1963 ), and neither was adopted for nor promoted the purpose of fostering discrimination! ; life and death in the Magic City v. Florida, 432 U.S. 282, 97 S. at., Loper v. State, 401 So Wainwright, 633 F.2d 1146 ( Cir. His two prior transcripts a part of the record answer * 304 and to give an jury! Was that some of the problem articles to support his claim he followed appellant he! Had his name written on the front Office, he was caught and beaten with a branch. Following 35 years of service with the Jefferson County Coroner/Medical Examiner Office years of service the! 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