r/news • • 8h ago

Alabama Gov. Kay Ivey spares death row inmate, citing doubts about evidence

https://www.nbcnews.com/news/us-news/alabama-gov-kay-ivey-spares-death-row-inmate-citing-doubts-evidence-rcna604662
1.3k Upvotes

73 comments sorted by

421

u/AudibleNod 8h ago

The key prosecution witness at Johnson's 1998 trial testified that, while eavesdropping on a phone call, she heard a man she believed was Johnson admitting to the crime. She was paid $5,000 in 2001 for her testimony, and Johnson’s lawyers argue that the state withheld evidence of monetary motivation for the testimony.

Is that legal? I know there's paid informants by the cops. But paying for testimony seems over the line. Can any lawyer weigh in?

260

u/Aquamaniac14 8h ago

Also claims she recognized a voice over a phone call? Technology can easily distort sounds. How is this admissible in court?

235

u/VelociraptorVibrator 8h ago

Well you see, it's Alabama and he's black.

44

u/Diarygirl 8h ago

Well, I'll be damned. I thought for sure it was a white man getting a reprieve. Good on Governor Meemaw.

17

u/1877KlownsForKids 8h ago

With circumstances like that he's lucky he didn't get the death penalty! …Oh

33

u/emerikanSky 8h ago

How far away from the phone were they? And phones have pretty bad speakers to begin with. That seems like the worst possible kind of identification.

34

u/Aquamaniac14 8h ago

The article claims the person was eavesdropping on the call via a 3 way call. Back then if you had multiple phones in your house if you picked up a different phone when someone was on a call, you could listen in, and talk if you wanted.

27

u/emerikanSky 8h ago

I remember that. I also remember answering the phone and not knowing who someone was by their voice because the phone distorts things.

14

u/MangoCandy93 8h ago

Especially the phones back in ‘98.

6

u/FrozenOcean420 8h ago

Party line!

6

u/ginny11 7h ago

In this case it was not even one of the old school party lines. It was simply another phone in the house that was a landline on the same phone line.

18

u/ginny11 7h ago

There was a man convicted of a double murder in my area in part based on evidence of a very scratchy audio recording that one of the victims made of someone who spoke to them just before they died, and they allowed evidence in court of a police officer who was listening to recordings made of a suspect they arrested while he was awaiting trial who claims that the voices sound the same to him. He's not any kind of expert. There was no kind of technologically advanced comparison that was objectively fair. It was literally just yeah. This cop who has no expertise in this thinks they sound the same. Insane!!

10

u/nickatnasa 8h ago

We put a huge emphasis on witness testimony, which is easily manipulated or unreliable.

7

u/Vio_ 8h ago

It could have been "Hey, Joe - Bill Smith here.."

Even that's sketchy. There's nothing to say someone is just saying that they're Bill Smith.

1

u/IridiumPony 5h ago

There are also multiple witnesses placing the defendent on the other side of town at the time of the murder

12

u/mjh2901 8h ago

Part of the issue is the Jury did not know she was paid. it was after the trial but I guess it was not appealable.

3

u/UWwolfman 2h ago

The reward for helping catch wanted criminals often requires a successful conviction, which may require testimony. I don't know if this was the case here.

492

u/aaronhayes26 8h ago

Dude’s been on death row for 30 years and there are doubts about the evidence, and the best they can do is commutation to life?

I say we give this dude a parole hearing.

124

u/Equal-Temporary-1326 8h ago

Yeah, if there's doubt about evidence, why not have a judge grant him a new trial instead? It's great that he was taken off death row, but by acknowledging skepticism about evidence, an automatic commutation to life without parole isn't a fair trade off when compared to the right to a new trial with that in mind.

20

u/PalehorseFM22 5h ago

This is a common occurrence when there's multiple suspects, say 3 people in a car who conduct a drive-by, or a pair of people who abduct and murder. Everybody claims to be the getaway driver or the accessory.

11

u/DocPsychosis 1h ago

The governor can't order that, it's what the appeals process is for. She can either pardon or commute the sentence to a lesser one. And re-prosecuting someone 30 years later is going to be very difficult. What happened to all your witnesses in that time? How many are even alive or able to be found? If there isn't enough evidence now (but maybe there was at the time) simply because a lot of it disintegrated over three decades, do you just shrug and let him off the hook?

76

u/Peitho_Noir 8h ago

The bottom of the article notes that a former state attorney general, two past state justices, and several other judges and prosecutors have all recommended a new trial be conducted. My guess is saving face has been more important than ensuring this person wasn’t wrongfully convicted and further deprived of liberty. And yet here we are with a sitting president convicted of 34 counts of felony fraud, no hope of ever being sentenced. The contrast between how these two cases have been handled reproves Wilhoit regarding conservatism: there must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.

117

u/bimbo_baggins_ 8h ago

If there’s any doubt, we shouldn’t be putting people to death.

68

u/transcriptoin_error 8h ago

I agree. And I’ll go further and say that the government should not be putting people to death at all.

19

u/Diarygirl 8h ago

I'm very much anti-death penalty and I was talking to some of my neighbors yesterday who are the opposite, and I said "Think about all the times you complain about the government. Do you really trust them to get execution correct? Because I sure as hell don't."

Even its proponents acknowledge that innocent people have been killed.

7

u/ruiner8850 8h ago

Even its proponents acknowledge that innocent people have been killed.

Even a single innocent person being murdered by the government is too many. Like you said, it's crazy to me that people trust the government enough to be okay with the death penalty. I wonder how death penalty advocates would feel if they or someone they care about was murdered by the government for a crime they didn't commit?

1

u/OlderThanMyParents 4h ago

I have a hard time arguing that someone like Timothy McVeigh shouldn't get put to death. The problem is that if the death penalty is available for people like him, it will inevitably used on people like this - where there is little concrete evidence of actual guilt, but a real desire to punish SOMEONE for the death of a cop.

Hell, at one point, the governor of Illinois commuted everyone on death row after the innocence project had showed there multiple factually innocent people - over 6% - on death row.

4

u/swagonflyyyy 7h ago

Yeah, I agree. I don't think the death penalty is an effective mechanism for justice. But assuming all sentences were %100 correct and the executions were carried out flawlessly, would that really stop people from committing crimes?

Judging by the Wild West alone, probably not. People used to get executed about as fast as those criminals killed others.

I think its more of a revenge thing than a justice thing. Maybe it was a crude way to achieve some sense of closure or retribution to victims, but we have better systems in place now, even though they're far from perfect.

3

u/Diarygirl 7h ago

I've watched enough true crime shows to know that criminals think they're brilliant and will never be caught.

6

u/c-williams88 8h ago

It’s so funny to me how many conservatives flip flop from “I’ll never trust the government” to “the government is perfect and can literally do no wrong” depending on the issue and what party.

The death penalty they love and trust the government completely, but everything else the government is completely incompetent and useless

1

u/OlderThanMyParents 4h ago

And remember that the Supreme Court has said repeatedly (most recently in 2022, in Shinn v. Ramirez) that evidence of innocence isn't a barrier to execution. As long as we follow the legal niceties, it's okay to execute someone who's innocent, because people are entitled to know that their justice system works.

3

u/Low_Pickle_112 7h ago

It's always wild to me that I'm the dirty rotten big government commie who thinks that the government should be guaranteeing people stuff necessary for living & an efficient civilization like food, housing, education, and healthcare...some rich parasite's yacht money be damned...but then they call themselves "small government" while saying that the government should have the power take a person's life.

Feeding a person is big government and that's bad, but killing someone is small government and that's good. That makes loads of sense.

2

u/Diarygirl 5h ago

I've been saying for years that conservatives want a government so small it'll fit in my uterus.

15

u/techman710 8h ago

This is the correct solution.

5

u/Kgaset 8h ago

Agreed. Just another of the many examples for those that need a reason, but I don't need a reason to say we have no business executing people.

5

u/jogam 8h ago

Many innocent people have been executed over the years. That is among the reasons I am opposed to capital punishment: if even one innocent person may be killed, there can be no justification for it.

18

u/OldConfusions 8h ago

There is no way for there to ever not be any doubt. Junk science, fabricated evidence, genuine mistakes etc. can all make an innocent person look guilty as guilty can be. There is no world in which every case is beyond all doubt. And as long as it's impossible to un-kill someone there is no justice in the death penalty.

-2

u/Strawbuddy 7h ago

I'd disagree if there's video evidence, a solid paper trail, and incontrovertible proof of guilt. The OKC Murrah Fed bldg bombing investigation was meticulously run, and the FBI produced about 7000lbs of paper evidence, along with all the rock solid physical evidence and the various confessions. Tim McVeigh was caught red-handed, and he was convicted then executed for murdering 168 people(19 kids), and that feels like a clear example of why the death sentence is needed.

Consider former Major and Army Doc Nidal Hasan. He admitted killing 13 people, and reloaded so he could shoot a dozen in the back as they tried to flee. While I don't know of anyone seriously advocating for leniency for genocidal politicians, I can definitely imagine a scenario where their supporters can gain control of legislatures and lobby to have them kept more comfortable, and even quietly released.

'Evil people like mass murderers and serial rapists/molesters probably oughta be put to death so there's no further chance that they or their followers can do it again' doesn't feel like a wild stance, and from there it's just haggling over definitions and degrees of culpability

5

u/OldConfusions 6h ago

Now imagine for 3 seconds that tomorrow it's revealed all that evidence was fabricated and the confessions were coerced. How do you compensate a dead man?

3

u/AceTracer 7h ago

If there’s any doubt, we shouldn’t be convicting people at all.

2

u/StupidMastiff 6h ago

Capital punishment will always kill some amount of innocent people.

2

u/Interesting-Prize-79 7h ago

It’s unfortunate the death penalty is as popular as it is in the US

17

u/EnderCN 8h ago

I'm sure Tuberville will find a way to reverse this and probably televise it when he takes over. That guy is one of the worst people on the planet. I doubt he cares at all about things like evidence.

51

u/DadIsVeryMad 8h ago

Reminder that Kay Ivey is one of the most evil, soulless pieces of shit that walk the earth today.
Fuck this old broad, nothing she does is out of compassion or humanity.

15

u/left-of-the-jokers 8h ago

She's probably dying and starting to wonder if she's going to heaven

17

u/TenguKaiju 7h ago

She had cancer treatment with chemo and radiation about a year before covid. She’s like 80 years old and still in remission.

Like my grandad always said, ‘you have to find the phylactery first.’

13

u/Harry_Mud 8h ago

So many have asked for this man to get a new trial that it should happen. The woman was paid to testify against him which by itself should be a very big red flag!!!!! This man deserves a new trial. It's that simple!

13

u/Kink4202 7h ago

If she doubts the evidence, there should be a new trial.

59

u/TheBatemanFlex 8h ago edited 4h ago

Why does this fall on the gov? Surely this is a failure of the justice system if that is the case.

Edit: I understand how, I just don’t think whether a potentially innocent person is killed by the state should be at the whim of whomever is governor.

54

u/_GregTheGreat_ 8h ago edited 8h ago

I’m anti-death penalty, but I think there’s real value to allow the government to step in and prevent an execution in controversial situations. It’s another check and balance for a system that needs checks and balances

24

u/Kgaset 8h ago

Governor is the chief law enforcement officer, which is why they have the power to commute sentences and grant pardons, it's basically a check on the judicial system.

37

u/Ordinary-Leading7405 8h ago

Because Kay Ivey supports institutionalization. HBO’s The Alabama Solution details how awful the system is.

1

u/farmtownsuit 5h ago

Because the governor has that power to issue pardons and commutations... But I'm assuming you already knew that so maybe you're asking something else?

15

u/mistertickertape 8h ago

She’ll always be Belching meemaw to me.

7

u/RockYourAmadeus 8h ago

Days before the midterms, the GOP is scrambling so hard to be seen as 'human' and not soulless monster.

5

u/TheAzerbaijani 7h ago

Can’t risk a Tennessee execution situation this close to Election Day.

3

u/Ramoncin 6h ago

If there are doubts about the evidence, what about a new investigation?

3

u/Gloomy-Employment-72 4h ago

Hmmm. I don’t know a thing about his case, the victim, or the convict, but I’ve always thought you had to be guilty beyond reasonable doubt. If there is doubt, should this person not be out of prison?

1

u/lyonslicer 1h ago

I don't know the details either, but sometimes advances in science can bring new possible explanations to light. Evidence can be reevaluated or retested in light of new techniques.

5

u/Davoswannab 8h ago

A dead guy can’t work for free

5

u/NemusSoul 7h ago

Who cares about the context. We didn’t kill someone. That’s a win. Sort the rest out later.

3

u/Fallout76stuggles 7h ago

Neither did Tennessee

4

u/groovyinutah 7h ago

If I was a governor in a southern state I'd be more concerned about being able to successfully execute an inmate...

6

u/Mockturtle22 8h ago

Death penalty shouldn't be a thing.

2

u/BubbhaJebus 8h ago

Unexpected for a Repube.

1

u/HeadLikeAFucknOrange 4h ago

The podcast Earwitness covers this story very thoroughly. Highly recommend.