Truer Crime: Five Thousand Dollars for a Death Sentence — Inside the Toforest Johnson Investigation with Beth Shelburne

Episode Release Date: February 13, 2025
Host: Celisia Stanton
Guest: Beth Shelburne, Investigative Journalist

Introduction

In this compelling episode of Truer Crime, host Celisia Stanton delves deep into the tumultuous case of Toforest Johnson, a man on Alabama's death row whose conviction has sparked intense debate and scrutiny. Joining her is Beth Shelburne, a seasoned investigative journalist renowned for her meticulous reporting on legal injustices in Alabama. Together, they unravel the complexities of Johnson's case, shedding light on systemic flaws and the human stories intertwined within.

Background of the Toforest Johnson Case

Toforest Johnson was convicted for the murder of Deputy Bill Hardy in 1995. Over the past 25 years, Johnson has remained incarcerated, awaiting his execution. The case has been marred by questionable witness testimonies, particularly from a young informant, Yolanda Chambers, whose reliability has been consistently undermined.

Notable Quote:
"I've always based my opinion on this case according to the evidence and, you know, what's in the record. I've seen the whole investigative record, and there's nothing there."
— Beth Shelburne [06:09]

Creating Ear Witness: An Investigative Journey

Beth Shelburne discusses her pivotal role in the podcast series Ear Witness, which critically examines Johnson's conviction. She emphasizes the rigorous process undertaken to uncover the truth, including extensive research, interviews, and analysis of court documents.

Key Points:

• Research Duration: Initially expected to take 3-6 months, the research extended to a full year.
• Comprehensive Review: Included police reports, trial transcripts, and media coverage.
• Interviews: Conducted over 80 on-record interviews, despite challenges like fading memories and reluctance from key individuals.

Notable Quote:
"The biggest challenge we faced was time. I mean, this case started in 1995. It's over 25 years old."
— Beth Shelburne [04:13]

Systemic Flaws and Investigation Shortcomings

The discussion highlights significant shortcomings within the Alabama legal system that contributed to Johnson's prolonged incarceration. Shelburne points out the original prosecutor's unique stance in supporting a new trial due to doubts about witness credibility—a rare occurrence, especially in death penalty cases.

Notable Quote:
"Our system is so adversarial and so many prosecutors are only interested in defending convictions. The fact that he is speaking out in the way that he is when he doesn't have to, that's really what told me 100% this case is extraordinary."
— Beth Shelburne [08:36]

Questioning Witness Credibility: Violet Ellison’s Role

A critical element of Johnson's conviction hinges on the testimony of Violet Ellison, who claimed to have overheard Johnson confess to the murder. Shelburne's investigation into Ellison reveals a pattern of unreliable testimonies and possible ulterior motives, including financial incentives.

Key Findings:

• Family Testimonies: Described Ellison as untrustworthy and motivated by money.
• Recurring Witness: Ellison appeared as a state's witness in multiple cases, raising concerns about her credibility.
• Reward Payment: The state awarded Ellison $5,000 post-conviction, suggesting possible financial motivation.

Notable Quote:
"She testified and identified a woman who was being charged as one of the people involved and claimed that she could see her from the window of her house... the woman was acquitted because there was no way she could have seen it."
— Beth Shelburne [23:07]

Missed Leads and Alternative Suspects

Shelburne uncovers overlooked leads that could exonerate Johnson, notably the description of a light-colored sedan witnessed by multiple independent sources. This detail stands in stark contrast to the prosecution's focus on Johnson and his co-accused.

Key Points:

• Vehicle Description: Light copper or gold sedan with a burgundy vinyl top—a specific and consistent description ignored by investigators.
• Alternative Suspects: Other individuals initially charged were released, but their lack of engagement post-release further complicates the case.

Notable Quote:
"That description is the only consistent description of a getaway car that was given by witnesses. And I think that someone shot Deputy Hardy, got into that sedan... and got away with murder."
— Beth Shelburne [17:33]

Current Legal Battle and Future Steps

Despite mounting evidence and support from the original prosecutor and Johnson's family, Alabama's Attorney General has resisted calls for a new trial, arguing procedural barriers. Shelburne elucidates the legal stalemate that keeps Johnson on death row.

Key Points:

• Attorney General’s Stance: Claims procedural rules prevent overturning the conviction despite the District Attorney's support for a new trial.
• DA’s Actions: Filed for a new trial twice, citing disintegrated conviction foundations.
• Awaiting Hearing: No scheduled hearing has been set to address the new trial request.

Notable Quote:
"The Attorney General is arguing that it doesn't count, that it's not evidence, that it's a subjective opinion."
— Beth Shelburne [34:44]

Advocacy and Raising Awareness

Shelburne and Johnson's family actively advocate for his exoneration. Their efforts include social media campaigns, media interviews, and collaborations with organizations like Greater Birmingham Ministries.

Key Points:

• Family Advocacy: Johnson's children utilize platforms like Instagram and TikTok to share their father's story and garner support.
• Community Support: Events such as prayer vigils and public demonstrations aim to keep the case in the public eye.
• Shelburne’s Role: Participates in events and speaks out to amplify the call for justice.

Notable Quote:
"They are such an incredibly loving and hopeful family that have great faith that the truth will prevail."
— Beth Shelburne [27:26]

Insights on the Justice System and Call for Reform

Beyond the Johnson case, Shelburne offers a critical analysis of Alabama's criminal justice system, highlighting issues like mass incarceration, harsh sentencing laws, and inhumane prison conditions. She advocates for comprehensive reforms to ensure justice and rehabilitation.

Key Points:

• Mass Incarceration: Alabama incarcerates a disproportionate number of individuals for extended periods.
• Systemic Problems: Includes drug abuse within prisons, extortion, and lack of support for reintegration.
• Reform Necessities: Shelburne calls for reevaluating sentencing lengths, treating inmates with dignity, and embracing rehabilitation over mere punishment.

Notable Quote:
"We have a human rights crisis in our jails and prisons right now... Everybody is worthy of redemption."
— Beth Shelburne [39:52]

Conclusion and Call to Action

The episode concludes with a heartfelt appeal from both hosts to listeners to engage with the case by listening to the Ear Witness podcast, spreading awareness, and supporting advocacy efforts. Shelburne emphasizes the importance of collective action in challenging and reforming flawed systems.

Final Thoughts:
Shelburne expresses frustration with the current state of the justice system but remains hopeful through the unwavering support of Johnson's family and dedicated advocates.

Notable Quote:
"We have a long way to go in our criminal justice system... Almost everybody who has looked at this case outside the Attorney General's office thinks he didn't do it."
— Beth Shelburne [36:22]

Supporting Resources

• Ear Witness Podcast: In-depth exploration of Toforest Johnson’s case.
  Listen on major podcast platforms.

• Greater Birmingham Ministries: Organization leading advocacy efforts for Johnson.
  Website: Greater Birmingham Ministries

• Beth Shelburne’s Work:

  • Substack Newsletter: Moth to Flame
  • Website: bethshelburne.com

• Toforest Johnson’s Advocacy:
  Website: taforusjohnson.com

Additional Resources Mentioned

• Gerald Munroe Magazine: Features Beth Shelburne’s articles on criminal justice in Alabama.
• NBC News, LA Times, and The Daily Beast: Publications where Shelburne’s work has been featured.
• Ear Witness Podcast: Recognized by Entertainment Weekly as one of the 30 Best True Crime Podcasts of All Time.

Total Duration Covered: ~46 minutes
Notable Sections: Interviews, case analysis, systemic critique, advocacy efforts.

This episode serves as a poignant reminder of the enduring quest for justice and the profound impact investigative journalism can have in uncovering the truth behind complex legal battles.