The man was carrying a yellow Pizitz bag, and he leaned into the car. Can Birmingham become an entrepreneurial city? As such, it violates equal protection under Arlington Heights." The petitioner was charged under 13-11-2(a)(5), Alabama Code 1975. The trial court further stated that the photographers had been instructed that they could on rare occasions take pictures "in such a way as not to distract the jurors." 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. This was likely related to the lack of positive eyewitness identification of Anderson as the person who shot Ballard and questions regarding ballistic evidence. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). Summary Joseph Anderson was born on July 24, 1926. 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. 2d 877 (Ala.1979); Scruggs v. State, 359 So.2d *296 836, 842 (Ala.Cr.App. 2d 406 (Ala.Cr.App.1981); Weaver v. State, 401 So. The killing had occurred in Birmingham, Alabama, but the trial had been moved to Mobile, Alabama. 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. The police records showed that a radio transmission was made at 3:49 which stated, in substance, "Oh me, 200 block. He stated that his partner said, "Halt, police," after which the black male began to run. After Elizabeth died he married Sarah Chaney on August 6, 1872. 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. Of the jurors empaneled to hear the case, five jurors who had expressed some prior knowledge of the case remained on the panel. 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. BTW, multiple cities have a similar history, but they are looking forward to developing a better world for their citizens. App.1986), quoting Johnson v. State, 378 So. The black male was described as having short hair and a moustache and carrying a silver revolver with a brown handle. Our entire world has a dark history, and America is no exception. Anderson, supra; Hale v. United States, 435 F.2d 737 (5th Cir.1970), cert. 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. 2d 368 (1970). Appellant's murder trials, both of which resulted in "hung juries," were had in Mobile, Alabama, because of extensive publicity surrounding the robbery-murder. In so doing, this group stated: American Bar Association, Standards Relating to Juror Use and Management 50 (1983). 2d 142 (1971). The appellant contends that his conviction is due to be reversed on the basis of cumulative error. BOWEN, Presiding Judge. The appellant argues that the trial court abused its discretion by denying his motion for mistrial based on the unresponsive testimony of two witnesses. 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. 2d 1164, 1169 (Ala.Cr.App.1979), writ quashed by Ex parte Johnson, 378 So. denied, 359 So. Willcutt v. State, 284 Ala. 547, 226 So. . 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. See also Beauregard v. State, 372 So. 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. 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. "`Where there is legal evidence from which the jury can by fair inference find the defendant guilty, this Court has no right to disturb the verdict. More at History. 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. 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. Circuit Judge Susan Jordan sentenced Josephus Anderson, 27, Wednesday, March 27, to serve three to 30 years in prison for one felony count of perjury to run concurrently with his current. *297 denied, 291 Ala. 803, 279 So. However, this court has recently quoted the pertinent language from Dickerson in Barton v. State, 494 So. 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. Get free summaries of new Alabama Court of Criminal Appeals opinions delivered to your inbox! Albert Eugene Ballard, 46, and two days before being eligible to retire, saw a man walking on the sidewalk who fit the general description of the suspect. 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. William, I very much appreciate you following ComebackTown and for your feedback. 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. Arraignment was held on January 16, 1981, with court-appointed counsel present, wherein appellant entered a plea of not guilty. Court of Criminal Appeals of Alabama. 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. Appellant also contends that the trial court erred in denying his motion for a trial continuance. 2d 1079 (Ala.Cr. 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. 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. Josephus Anderson, age 79, would die from natural causes in March . 2d 821 (1969); Morton v. State, 338 So. He was observed pulling something from his bag or his belt, as he was being pursued by the police officers. App.1986). On March 20, 1981, Michael Donald, a 19 yr. old African American trade school student was found hanging from a small ornamental "popcorn" tree on an old residential street, across the street from where several Klansmen lived. 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. 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 .. Anyone who is still teaching young impressionable children to hate based solely on skin color is part of the problem. ), cert. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. 2d 666, 674-75 (Ala.Cr.App.1979), affirmed, 391 So. Two of the fourteen jurors were excused for cause when they stated they could not disregard the pretrial publicity. Gen., for appellee. I lived this historyI remember seeing KKK members one time during those years. 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. 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. So what were the unforeseen consequences of this story and how did they come about? This thought experiment in comparison ponders a Black man's conviction that his Hebrew identity would make him immune to COVID-19. In the week leading up to his murder, Mobile had become a hotbed of Klan activity due to the trial of Josephus Anderson, a Black man accused of killing a white police officer during an armed. Furthermore, under 15-14-55, Code of Alabama (1975), "A victim of a criminal offense shall be exempt from the operation of rule of court, regulation, or statute or other law requiring the separation or exclusion of witnesses from court in criminal trials or hearings." at 1185. Dolvin v. State, 391 So. We collect and match historical records that Ancestry users have contributed to their family trees to create each person's profile. 182, 96 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. 2d 871, 874 (Ala.Cr.App.1978), cert. 554, 556 (1936). 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 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. 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." On December 18, 1979, the Honorable William N. Clark was appointed to represent appellant in this cause. There are a number of Birminghamians that would like to use our history as a brand to promote how Birmingham has impacted the world. Anderson and ?? Atty. Donald was beaten to death and his body hanged in a tree. (Emphasis added in Poole.) Initially, appellant contends that the trial court erred in denying his amended motion for change of venue. Page from the United Klans of America publication. Click here to sign up for newsletter. 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." See Barton v. State, 494 So. 6 records for Josephus Anderson. In Hicks this Court *299 recently enunciated several factors which are to be considered in determining whether an accused was deprived of his right to compulsory process by denial of a motion for continuance: "`"[T]he diligence of the defense in interviewing witnesses and procuring their presence, the probability of procuring their testimony within a reasonable time, the specificity with which the defense is able to describe their expected knowledge or testimony, the degree to which such testimony is expected to be favorable to the accused, and the unique or cumulative nature of the testimony.". She identified the *295 appellant as the man who robbed the Jefferson Federal Savings and Loan Association. 654, 658, 282 So. 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. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. 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. This was likely related to the lack of positive eyewitness identification of Anderson as the person who shot Ballard and questions regarding ballistic evidence. However, during her trial testimony, and while the judge and counsel were absent from the courtroom, the widow approached the witness stand in which Mrs. White was seated and simply introduced herself. HARRIS, Judge. Johnson v. State, 406 So. 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. (Opt out at any time). Hunter v. Underwood, supra, 471 U.S. at 228, 105 S. Ct. at 1920, 85 L. Ed. Appellant argues that his in-court identification by witnesses Tapscott and Hill resulted in prejudicial error since their identifications were based on suggestive pretrial photographic identification procedures. 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. She stated that the robber put all the money into a yellow paper bag. Many have left due to job availability and desire for betterment for themselves and their family. Appellant's photograph also had his name written on the back of the picture. Community Rules apply to all content you upload or otherwise submit to this site. Joseph Anderson . Officer Yester stated that, after she finished her duties at the branch office, she went to the Southern Motor Inn Motel where appellant had been apprehended. Josephus ANDERSON v. STATE. Hoover parents, is this best for our kids. Thereafter, the trial judge specifically denied the defense counsel's motion to strike the venire, and no ruling was made on the defense counsel's request that he be allowed to interview the individual who conducted the preliminary voir dire. Joseph Mitchell Anderson, 57 . "Poole, supra, at 544. Young v. State, 416 So. In reviewing a conviction based on circumstantial evidence, the test to be applied by this court is whether the jury might reasonably find that the evidence excluded every reasonable hypothesis except that of guilt; not whether the evidence excludes every reasonable hypothesis except guilt. 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. 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 843 (Ala.1978). 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. Jay Glass retired as Chie That put it right in the Mobile KKKs faces when mistrial(s) occurred. 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. She said that she then heard three shots and saw the man ran down an alley. 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 99 (1975), the amount of money or the value of property taken is immaterial in a robbery prosecution. 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 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. 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. [1] A neutral State law that produces disproportionate effects along racial lines is subject to analysis under Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 97 S. Ct. 555, 50 L. Ed. 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. 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