Bone Valley: Earwitness – Chapter 8 | Bondage to the Law

Release Date: February 4, 2026
Host: Beth Shelburne (Lava for Good Podcasts)

Episode Overview

This powerful episode delves into the aftermath and ongoing fight for justice in the case of Toforest Johnson, a man condemned to death row in Alabama for the 1995 murder of Deputy Sheriff William Hardy. Despite no physical evidence and credible alibi witnesses, Johnson was convicted primarily on the uncorroborated testimony of an "earwitness," Violet Ellison. Over 25 years later, an unprecedented coalition of legal figures—including the original trial prosecutor and the current district attorney—are calling for a new trial due to profound doubts about the case and the credibility of its key witness. Beth Shelburne explores the human cost of wrongful conviction, the institutional barriers to reversing injustice, and the heartbreak endured by Johnson’s family.

Key Discussion Points and Insights

1. The Banner of Hope and the Building Movement (02:55–06:14)

• In Montgomery, Alabama, a church banner proclaims: “It’s not too late to fix this mistake.” This visual advocacy is part of a statewide effort, led by Greater Birmingham Ministries, to raise awareness and demand justice for Toforest Johnson.
• Voices across Alabama—lawyers, former prosecutors, judges, faith leaders—are uniting, regardless of politics or personal histories, to support Johnson’s quest for a new trial.
• Even Bill Baxley, Alabama’s former attorney general and a death penalty supporter, is outraged by the injustice:

  “An innocent man is trapped on Alabama’s death row.” (05:45, paraphrasing his Washington Post op-ed)

2. A DA’s Unprecedented Stand: Danny Carr’s Review and Action (10:43–19:51)

• District Attorney Danny Carr, the first Black DA of Jefferson County, holds a unique perspective due to his life experiences—including the murder of his own brother. He’s created a Conviction Review Unit to examine possible miscarriages of justice.
• After witnessing a hearing about Johnson’s case, Carr initiates a deep review—reading trial transcripts and reviewing new evidence, notably the hidden $5,000 reward paid to key witness Violet Ellison.
• Carr consults with Jeff Wallace (the original prosecutor), alibi witnesses, and the Hardy family before taking the remarkable step of filing a brief urging the court to vacate Johnson’s conviction and grant a new trial.

  “Your job is not to get convictions. Your job is to seek the truth.” (18:13, Danny Carr)

3. The Original Prosecutor’s Crisis of Belief (15:05–25:19)

• Jeff Wallace, the prosecutor who put Johnson on death row, describes how his perception of key witness Violet Ellison changed after witnessing her in a different context—comforting the wife of a known drug dealer in court, which contradicted the image presented at trial.

  “Her credibility as the citizen she was… she was the case. She is the case.” (16:07, Jeff Wallace)

• Wallace discloses this to Johnson’s defense in 2007 and, years later, tells DA Carr that he believes Johnson deserves a new trial, a pivotal move.

  “If it were legal and it were presented to me, would you or would you not order a new trial, Mr. Wallace? I would sign it today and order a new trial.” (25:31, Jeff Wallace)

• Beth Shelburne highlights the extraordinary rarity of an original trial prosecutor joining the call for a new trial in a capital case.

4. Legal “Silos” and the Bondage to the Law (25:19–27:24)

• The episode explores how each actor in the justice system—DA, AG, judges—operates in rigid “silos” with distinct, often unyielding roles.
• Jeff Wallace recognizes his limits as a retired prosecutor, unable to act further:

  “The law has set up these silos, and the law is still in effect.” (26:13, Jeff Wallace)

• Citing Cicero, Wallace reflects on a paradox:

  “We are in bondage to the law in order that we may be free.” (26:23, Wallace via Shelburne)

• The Attorney General, Steve Marshall, persists in opposing a retrial, dismissing the DA’s and Wallace’s concerns as “subjective opinion.”

5. The Human Toll: Johnson’s Family Shares Their Story (35:02–45:43)

• Beth meets with Toforest Johnson’s children—Shanae, Maurice, Tremaine, Akira (“Muffin”), and mentions Robbie—who recollect prison visits, childhood confusion about their father’s absence, and the pain of growing up without him.
• The children recall long trips to Holman Prison, being searched as kids, and the painful limits placed on their contact with their father:

  “We were children, basically touching all over you… I was just like, this is a little weird. I'm not comfortable with you touching me… I really don't want to come back, but I want to so I can see my dad.” (41:37, Akira/Muffin)

• Despite these hardships, they cherish their relationship with Toforest through calls and letters. Shanae preserves his handwritten cards, including one saying:

  “You are the reason Daddy has a spirit to get up every day and has hope that there would be a better day up ahead for me.” (48:08, Toforest’s letter)

• The family pleads not for vengeance but for accountability and true justice:

  “We just want him to come home and for there to be some type of accountability held.” (44:33, Shanae Poole)

6. The System’s Stubborn Design and Final Reflections (27:24–45:43)

• Shelburne outlines how the legal system’s structure and incentives make post-conviction relief nearly impossible—even when powerful, credible actors admit doubt or error.
• Courts and the Attorney General insist the state’s conduct and concealments are legally permissible, not grounds for reversal, stating the system “works as designed.”
• Legal experts and supporters emphasize the widespread presumption of guilt and how it devastates entire communities and families:

  “They look at these people as expendable.” (29:45, Bill Baxley) “The system failed Toforest Johnson, it betrayed all of us. Toforest Johnson is as innocent as anyone could possibly be.” (30:12, Richard Jaffe)

7. Uncertain Future and Ongoing Advocacy (45:43–48:40)

• The Supreme Court declined to review Johnson’s case (October 2023), but his legal team is pursuing further appeals.
• The conclusion is open-ended:

  “We find ourselves unable to tell you how this story ends. I plan to stay here with Toforest, his family, his children, his lawyers, and everyone else who believes in him. We’ll continue to hold him in the light of truth.” (45:43, Beth Shelburne)

• Toforest’s enduring presence is felt through a recorded call and his heartfelt messages to his children.

Notable Quotes & Memorable Moments

• “An innocent man is trapped on Alabama’s death row.” – Bill Baxley (05:45)
• “Your job is not to get convictions. Your job is to seek the truth.” – Danny Carr (18:13)
• “Her credibility as the citizen she was… she is the case.” – Jeff Wallace (16:07)
• "We are in bondage to the law in order that we may be free.” – Cicero, cited by Jeff Wallace (26:23)
• “We just want him to come home and for there to be some type of accountability held.” – Shanae Poole (44:33)
• “If it were legal and it were presented to me, would you or would you not order a new trial, Mr. Wallace? I would sign it today and order a new trial.” – Jeff Wallace (25:31)

Important Segment Timestamps

• 02:55 – Banner outside church and emergence of the advocacy network
• 10:43 – DA Danny Carr’s background and meeting with Shelburne at his barbershop
• 13:51 – DA Carr’s deep-dive case review and discovery of the concealed reward
• 15:05-17:28 – Jeff Wallace reveals doubts about Violet Ellison
• 19:02 – Carr calls Deputy Hardy’s widow before urging a new trial
• 25:19 – Discussion of the legal “silos” and Wallace’s limitations
• 26:23 – Cicero’s quote: “In bondage to the law…”
• 35:02-45:43 – Conversation with Toforest Johnson’s children
• 41:37 – Emotional reflection on prison visit searches
• 44:33 – Family’s appeal for accountability and justice
• 45:43 – Pending status of the case and closing thoughts

Episode Tone

The episode is deeply empathetic, direct, and unflinching in exposing the devastating personal and systemic consequences of a wrongful conviction. Beth Shelburne balances hard-hitting investigative journalism with compassion for the people most affected—including Johnson’s family and even those within the system struggling with its failings.

Further Information

• Get Involved/Updates: taforestjohnson.com

This episode stands as both a detailed exposé of institutional inertia and a moving portrait of the resilience of Toforest Johnson’s loved ones. The story remains unfinished—but in the persistence of the advocates, prosecutors, and family members, hope endures for justice and accountability.