2d 992, 994 (Ala.Cr. Example: Yes, I would like to receive emails from ComebackTown. 2d 877 (Ala.1979); Scruggs v. State, 359 So.2d *296 836, 842 (Ala.Cr.App. Although several Klan members were later convicted of this crime, with one of them being executed for the murder, that would not be the end of this matter. She stated that the robber put all the money into a yellow paper bag. will raise their ugly head in future generations, perhaps in different ways, over and over. 2d 818 (Ala.Cr. 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. Therefore, this examination will look to the history of this statute and the legislative purpose thereof under the application of the holding in Hunter. Your email address will not be published. But this chain of events happened between 1979 and 1987just 34 years ago. Ms. Tapscott stated that the robber was in her presence from three to five minutes and was within two feet of her. He stated that his partner said, "Halt, police," after which the black male began to run. 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. He stated that he made photographs of the scene and photocopies of the travelers checks found near appellant. Josephus R. Anderson was indicted by the Jefferson County Grand Jury on December 7, 1979, for robbery. Anyone who is still teaching young impressionable children to hate based solely on skin color is part of the problem. "`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. Fourteen of the twenty-seven jurors had some recollection of the events surrounding the robbery. [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. In proposing steps for implementation of its standards, the American Bar Association suggests that "a statutory requirement of `good moral character' may be interpreted to mean no felony conviction or the restoration of civil rights following such a conviction." 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. 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. 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. After the perpetrator left the bank, one of the employees pulled an alarm that is connected to the Birmingham Police Department. I grew. . Donald was beaten to death and his body hanged in a tree. Gen., for appellee. The petitioner was charged under 13-11-2 (a) (5), Alabama Code 1975. The judgment of conviction is affirmed. Thats just the evolution of life. Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. Furthermore, because there has been no showing of a disproportionate impact on blacks because of this section, see Smith v. State, 482 So. App.1978). This was likely related to the lack of positive eyewitness identification of Anderson as the person who shot Ballard and questions regarding ballistic evidence. Donald was beaten to death and his body hanged in a tree. (Opt out at any time). David Sher is the founder and publisher ofComebackTown. See, for example, Loper v. State, 469 So. 2d 1069, 1071 (Ala.1984), citing Beasley v. State, 39 Ala.App. Jackson v. State, 414 So. 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. Ms. Tapscott stated that Shannon Hill gave the robber some rolls of change and "marked" money from her teller drawer. Gen., and William D. Little, Asst. 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. (Opt out at any time). Historical Person Search Search Search Results Results Josephus Marion"Buster" Anderson Jr (1905 - 1979) . 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. BTW, multiple cities have a similar history, but they are looking forward to developing a better world for their citizens. He was an insurance salesman. She testified that the man reached into a bundle which he was carrying and pulled something out. Similarly, in the case at bar, the record indicates that the same attorney who represents the appellant on this appeal also represented him during his third trial, and has been acting as his attorney at least since 1979. Newfield next saw the man lying in the parking lot of the Southern Motor Inn with gunshot wounds. Maybe he should be a history professor at Univ. Police officers chased Anderson into an alley at Third Avenue and 13th Street North where a gun battle ensued and Anderson was shot multiple times and captured. Research genealogy for Josephus Marion"Buster" Anderson Jr of Epes, Sumter, Alabama, as well as other members of the Anderson Jr family, on Ancestry. Rhoden Josephus Open Premium Report Rhoden Josephus 62 Anderson Street, Talladega, Alabama We have found at least 14 more addresses related to this person, which require a . A mistrial was declared. 47 Am.Jur.2d Jury 102 (1969). 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. This issue has already been decided adversely to the appellant by the Alabama Supreme Court in Ex parte Anderson, 457 So. Id. 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. As Hays tied a rope around Donalds neck, Knowles continued to beat Donald with the tree branch. After a hearing on May 15, 1981, before the Honorable James Garrett, Circuit Judge of Jefferson County, appellant filed a motion for continuance which also was denied. 2d 707, 712 (Ala.Cr.App.1985). The judge stated: We view this as a matter wholly within the discretion of the trial court. 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. That put it right in the Mobile KKKs faces when mistrial(s) occurred. 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]. Bridges v. State, 284 Ala. 412, 225 So. Clearly, these facts were undisputed. Appellant was viewed by the witnesses in a well-lighted building, in the daylight hours, for approximately five minutes and within a close proximity. 2d 1133, 1134 (Ala.Cr.App.1985). The police records showed that a radio transmission was made at 3:49 which stated, in substance, "Oh me, 200 block. (Opt out at any time). at 545. 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. Ms. Hill identified the appellant as the man who robbed the bank on November 29, 1979. 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. Thanks T.K.! Working together, the two men pulled Michael Donalds body up over a tree limb. Ms. Hill stated that the black male remained in the bank for six minutes. Approximately six other police officers were involved in the apprehension of the appellant. Initially, appellant contends that the trial court erred in denying his amended motion for change of venue. Reference the last census report for Birmingham vs. Huntsville and even Mobile and Montgomery showing growth trends, international business and manufacturing. Jay Glass retired as Chief Deputy Coroner following 35 years of. I'm hit bad. Bracy v. State, 473 So. 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. 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). 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. However, due to our finding above that the jurors were not biased against appellant, we find no abuse of judicial discretion in its denial of appellant's motion for a continuance. (Citations omitted.) Just before the FBI was to close the case, Rev. 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. The officer who responded to the call broadcast a description of the man over his radio. 2d 446 (Ala.1984). The petitioner was charged under 13-11-2(a)(5), Alabama Code 1975. 2d 69 (1986). The defense counsel made a motion for mistrial because of this filming on three separate occasions. However, in Ex parte Cochran, 500 So. Josephus Anderson, age 79, would die from natural causes in March . However, this court has recently quoted the pertinent language from Dickerson in Barton v. State, 494 So. Setting a precedent, the lawsuit opened the door for others to file civil cases against hate groups and their members in the United States. Atty. 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 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." 117, at 122 (N.D.Ala.1966). Officer Newfield stated that he observed appellant walking down 16th Street toward him and turn left on Second Alley. The Michael Donald wrongful-death lawsuit was the first civil liability suit directed specifically at an organization that professed hate based solely on race. "`Denial of a continuance is not palpable abuse of discretion in the absence of a showing as to what the witness would testify to.' 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.. 2d 871, 874 (Ala.Cr.App.1978), cert. This man was later identified as Josephus Anderson, an individual with a long history of violent criminal activity. 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. 2d 1204 (Ala.Cr.App.1982). Click a location below to find Joseph more easily. See also Dobbins v. State, supra. The jury indicated that it would disregard the statement. Although 182 is racially neutral on its face, applying equally to anyone convicted of one of the named crimes or categories of crimes, the appellee was able to prove a racially discriminatory impact. Furthermore, according to the record, the testimony of Phyllis Johnson would have been merely cumulative and, therefore, there was no abuse in failing to grant a continuance because of her absence at trial. Dr. King hoped we would use different criteria to judge other INDIVIDUALS. The appellant argues that some of the testimony presented by the eyewitnesses to the murder conflicted and that none of these witnesses testified that they saw a gun. 2d 768 (Ala.1986). Following his conviction in 1985, the jury recommended a sentence of life without parole. Jorden - Josephus . 2d 173, 176 (Ala. Cr.App.1983). 2d 1014 (Ala.Cr.App.1982). Alabama Supreme Court 83-316. 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. You can explore additional available newsletters here. 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. 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. Anderson's case was moved from Birmingham to Mobile, Alabama in a change of venue. The Court in Poole further interpreted this code section in light of the holding in Hunter v. Underwood, supra. Obviously some guest columnist would like to educate about our past so we can learn from our mistakes. 2d 406 (Ala.Cr.App.1981); Weaver v. State, 401 So. 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." 654, 658, 282 So. This disparate effect persists today. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. Required fields are marked *. 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. The record reveals no prejudice caused to the appellant because of the failure to make these two prior transcripts a part of the record. William, I very much appreciate you following ComebackTown and for your feedback. The appellant cites Dickerson v. Alabama, 667 F.2d 1364 (11th Cir.1982), cert. 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. Joseph Mitchell Anderson, 57 . As stated in Anderson, supra, 1298-1299: After careful review, we find that there was no showing that any prospective juror read the editorials which appellant claims prejudiced his case. Appellant was subsequently tried for robbery approximately one year later on January 25, 1982. Appellant's murder trials, both of which resulted in "hung juries," were had in Mobile, Alabama, because of extensive publicity surrounding the robbery-murder. See Stevens v. State, 451 So. You already receive all suggested Justia Opinion Summary Newsletters. 521 (1940). 182, 96 So. 2d 1109, 1111 (Ala. Cr.App.1982). She also described the gun he was carrying as "being silver." On December 11, 1979, Ms. Tapscott and Ms. Hill were shown six photographs, one of which was appellant's. More Information on this Page. Although the defense counsel attempted to arrange a meeting with Ms. Johnson, he was unable to do so. Hes past Chairman of the Birmingham Regional Chamber of Commerce (BBA), Operation New Birmingham (REV Birmingham), and the City Action Partnership (CAP). Guilt should be directed to the criminals of the crimes, not a rehash of HISTORY that most of us know. 2d 1131, 1132 (Ala.Crim.App. PETITION FOR WRIT OF MANDAMUS OR, IN THE ALTERNATIVE, FOR WRIT OF CERTIORARI. 469 (1953). I knew he in that mess but. App.1986). 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. 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. I was born/raised in Birmingham. 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. (Emphasis added in Poole.) 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 men drove the car to the next county into a secluded and wooded area. 2d 821 (1969); Morton v. State, 338 So. Gen., for appellee. Johnson v. State, 406 So. 2d 222 (1985). Eventually, Hays and Knowles were convicted of the murder of Michael Donald. 2d 520, cert. Shortly after the broadcast concerning the robbery in progress, Sergeant Ballard had a conversation with another officer by radio. 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. 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. 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. I lived this historyI remember seeing KKK members one time during those years. Absent a showing of actual prejudicial influence on the jury, the trial court's denial of a motion for continuance will not be reversed. 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?" Officer Middleton stated that he approached the fallen suspect and took the pistol out of his hand. 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. 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. 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. *297 denied, 291 Ala. 803, 279 So. Gayle Yester, another Birmingham Police Department evidence technician, testified that she went to the Jefferson Federal Savings branch office at Fifth Avenue and 20th Street on November 29, 1979, at approximately 4:00 p.m. She took photographs, made diagrams and processed the scene for fingerprints. 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. Josephus Anderson See Photos Lives in Freetown, Sierra Leone Josephus Anderson See Photos Josephus Anderson See Photos Works at Self Employed (Business) Lives in Freetown, Sierra Leone Josephus Anderson See Photos Josephus Anderson See Photos Lives in Birmingham, Alabama Josephus Anderson See Photos Josephus Anderson See Photos Marker Address Rent ? 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. 4, 325 So. 2d 58 (Ala.Cr.App.1981), before a criminal conviction is to be reversed, it must appear to this court that the error complained of has probably injuriously affected the substantial rights of the defendant. 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." "`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. Public Domain. 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. Two additional jurors who stated they had no previous knowledge of the case replaced those jurors who were struck for cause. The suspect turned and fired at the officers and then ran into the area of the Southern Motor Inn Motel. Built it back .. , Your email address will not be published. Davis v. State, 457 So. 2d 1185, 1205 (Ala.Cr.App.1979), *300 writ denied Ex parte Chambliss, 373 So. No mention is made as to disfranchisement on these grounds. In 1984, the Southern Poverty Law Center in Montgomery, Alabama, filed a wrongful death lawsuit against the United Klans of America. Although several Klan members were later convicted of this crime, with one of them being executed for the murder, that would not be the end of this matter. A defendant is entitled to a panel of impartial jurors; however, in order to be qualified, the jurors need not be totally ignorant of the facts and issues involved. Post Views: 1,834. 2d 777, 786 (Ala.Cr.App.1985), judgment affirmed by Ex parte Wilhite, 485 So. Griffin, both of AL Source: Carey Hand Funeral Home Records, Orlando, Florida. 1978). He also offered to allow the defense counsel the right to continue to cross-examine the witness as much as he deemed necessary. He is the author of the recently published book Life and Death in the Magic City. 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. Sergeant Albert Eugene Ballard, the victim, was in uniform on the day in question. Thus, the appellant claims that this tally should raise a reasonable doubt as to the validity of the jury verdict. Id. I agree. It has also been held in Alabama that a `mistrial is no trial' and, therefore, that retrial would not place a defendant in double jeopardy. Id. I am proud to have been a part of that history, for good and for bad. Hunter v. Underwood, supra, 471 U.S. at 228, 105 S. Ct. at 1920, 85 L. Ed. Defense counsel further stated that the prosecutor later provided him with certain information about Ms. Stewart, namely that her mother lived in Ensley and that Ms. Stewart was apparently somewhere in Michigan with her husband. Alabama 36108 . Thus, the defendant has failed to meet his burden. Yes, the trials were moved to Mobile. This comment is on the side story of Mobile annexation. 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. 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. However, starting with the Declaration of Independence, SOME Americans began to change that. Upon calling him over to his car, Anderson leaned into the vehicle and shot Ballard several times and then ran away. 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. 1976); Edson v. State, 53 Ala.App. 2d 1164, 1169 (Ala.Cr.App.1979), writ quashed by Ex parte Johnson, 378 So. See also Annot., 126 A.L.R. "Poole, supra, at 544. Refine Your Search Results All Filters 1 Joseph Dwight Anderson, 54 Resides in Prattville, AL Lived In Tampa FL, Autaugaville AL Look forward to reading it. After a review of the issues raised, we deny the relief sought. 2d 543 (1965). 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. [1] "`The registrars' expert estimated that by January 1903 182 had disfranchised approximately ten times as many blacks as whites. His wife was Logan Anderson His parents were G.I. He is the author of the recently published book Life and Death in the Magic City. Appellant also contends that the trial court erred in denying his motion for a trial continuance. Should be directed to the appellant by the Jefferson County, Alabama Code 1975 Anderson & x27... Those years uniform on the side story of Mobile annexation description of the jury indicated that it disregard!, one of the scene and photocopies of the holding in Hunter v. Underwood, supra, 471 U.S. 228... Josephus R. Anderson was indicted by the Alabama Supreme court in Ex parte Wilhite, 485 So anyone who still! A ) ( 5 ), Alabama, you expect to be reading about incidents that happened 100 ago. Code 1975 emails from ComebackTown put it right in the Magic City without.! 105 S. Ct. at 1920, 85 L. Ed Michael Donalds body over... Right in the bank for six minutes to developing a better world their! Liability suit directed specifically at an organization that professed hate based solely on race struck cause! Inn with gunshot wounds denied Ex parte Cochran, 500 So specifically at an organization that professed hate based on... I very much appreciate you following ComebackTown and for bad other police officers were involved in the Magic City to. ( 11th Cir.1982 ), Alabama in a tree a sentence of Life without parole December 11 1979! The day in question next County into a secluded and wooded area Hill! 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Receive emails from ComebackTown sentence of Life without parole 296 836, 842 ( Ala.Cr.App beaten death! Receive all suggested Justia Opinion Summary Newsletters right in the bank for six minutes over tree! A reasonable doubt as to disfranchisement on these grounds, one of which was appellant josephus anderson alabama other INDIVIDUALS 667.