Furthermore, because there has been no showing of a disproportionate impact on blacks because of this section, see Smith v. State, 482 So. He died in September 1984 at 58 years old. 2d 435 (Ala.Cr.App. Appellant's murder trials, both of which resulted in "hung juries," were had in Mobile, Alabama, because of extensive publicity surrounding the robbery-murder. 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. Officer Newfield stated that he followed appellant until he turned off Second Alley at 12th Street. 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. The defense counsel contended that he should be accorded the opportunity to interview each of these witnesses and, because Shirley Stewart was somewhere in Michigan, he maintained that he should be provided funds with which to go to Michigan and interview her. Page from the United Klans of America publication. On December 11, 1979, Ms. Tapscott and Ms. Hill were shown six photographs, one of which was appellant's. of Berkley. Charles A. Graddick, Atty. Look forward to reading it. Joseph Anderson in Birmingham, AL 35 results - Joseph Anderson may also have lived outside of Birmingham, such as Huntsville, Mobile and 2 other cities in Alabama. Josephus ANDERSON v. STATE. App.1982). I understand the desire to turn away from the darkness of history, but to do that is to deny truth in terms of what we are capable of (both the good and the ugly). . 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. In so doing, this group stated: American Bar Association, Standards Relating to Juror Use and Management 50 (1983). "The purpose of this section [ 12-16-60, Code of Alabama (1975)] is `"to insure at least a reasonable approximation to the requirements that jury venires include all qualified persons, and, hence, represent a cross-section of the community."'" Ms. Tapscott described this man as six feet tall, wearing a blue and white striped sweater-shirt and a brown leather hat with a small visor. There she assisted Officer Bearden record the serial numbers of the money and travelers checks that had been recovered from appellant. All Filters. We have carefully searched the record for errors injuriously affecting the substantial rights of appellant and have found none. In Jefferson and Montgomery Counties blacks are by even the most modest estimates at least 1.7 times as likely as whites to suffer disfranchisement under Section 182 for the commission of non-prison offenses.'" 2d 777, 786 (Ala.Cr.App.1985), judgment affirmed by Ex parte Wilhite, 485 So. Click a location below to find Joseph more easily. 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." Both witnesses replied that they recalled what the robber looked like *1370 by viewing him during the robbery of the bank rather than from viewing any photographs. Arraignment was held on January 16, 1981, with court-appointed counsel present, wherein appellant entered a plea of not guilty. He was an insurance salesman. Absent a showing of actual prejudicial influence on the jury, the trial court's denial of a motion for continuance will not be reversed. Clearly, these facts were undisputed. 2d 726 (Ala.Cr.App.1985), reversed on other grounds, Ex parte Jackson, 516 So. Atty. 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. "A reversal of a conviction because of the trial court's refusal to grant a continuance requires `a positive demonstration of abuse of judicial discretion.'" Donald was beaten to death and his body hanged in a tree. 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. By B.J. 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. You can explore additional available newsletters here. Example: Yes, I would like to receive emails from ComebackTown. Officer Middleton stated that he approached the fallen suspect and took the pistol out of his hand. He described appellant as wearing a leather cap with a small brim, a patchwork leather jacket, a light blue knit striped sweater and said he *1367 was carrying a yellow sack. The Court further indicated that there was no record of any objections to the declaration of mistrial in any of the three previous trials. Hes past Chairman of the Birmingham Regional Chamber of Commerce (BBA), Operation New Birmingham (REV Birmingham), and the City Action Partnership (CAP). The appellant contends that his rights to equal protection and due process were violated by the trial court's failure to strike the entire venire on the basis of Hunter v. Underwood, 471 U.S. 222, 105 S. Ct. 1916, 85 L. Ed. 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. 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. Jackson v. State, 414 So. Furthermore, there is no evidence in the record that the jurors were even aware of the Klan killing. Bradley v. State, 450 So. Appellant contends that the trial court erred in denying his challenge for cause of jurors Brown and Benjamin. She identified appellant as the black male who robbed the bank on November 29, 1979. Freeman v. State, 505 So. Josephus R. Anderson was indicted by the Jefferson County Grand Jury on December 7, 1979, for robbery. The appellant argues that the trial court abused its discretion by denying his motion for mistrial based on the unresponsive testimony of two witnesses. ), cert. 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. Gunfire was exchanged and the appellant was apparently shot in the face and the stomach. 2d 1133, 1134 (Ala.Cr.App.1985). The appellant was ordered to stop, but did not do so. 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. Donalds mother insisted that her son had nothing to do with drugs and asked for prominent civil rights leaders to assist in getting to the bottom of her sons murder. Get free summaries of new Alabama Court of Criminal Appeals opinions delivered to your inbox! The record firmly shows that appellant was indicted for robbery on December 7, 1979. 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. Lopez v. State, 415 So. Initially, appellant contends that the trial court erred in denying his amended motion for change of venue. She testified that she then heard three shots and observed the man whirl around with a gun. In 1981, Josephus Anderson, an African American, was charged with the murder of a white police officer in Birmingham, Alabama while committing a robbery. During that trial, a Klan member testified that the motive for the murder of Donald was that The Klan wanted the message to get back to the black people of not just Alabama, but the whole United States, that we would not stand for a black person killing a white police officer and getting away with it. Mrs. Donald won a $7 million judgement against the United Klans of America which bankrupted the organization, effectively leading to the cessation of Ku Klux Klan operations in Alabama. You're all set! 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. Josephus was a real bad actor. I can think of now one that helps, ancept those who want to stir up the flames. More so, why would anyone ask Sher to speak in a private or public forum with this focus on negativity ?Or does he chande his stance based on the audience ? During the defense counsel's examination of Mrs. White concerning this statement, she explained that she had not known the widow prior to the trial. The record indicates that the prospective jurors indicated that despite their knowledge of the events concerning the shootings of the police officers, they could remain impartial and would base their decision on the evidence presented. Clickhereto sign up for ournewsletter. Obviously you care a lot about Birminghamas do I. I think its important we keep talking. Because of the untimeliness of the objection and the trial court's action in instructing the jurors, the appellant's motion was properly denied. Chrysler Credit Corp. v. McKinney, 456 So. To ensure that Michael Donald was dead, Henry Hays cut the mans neck three times. This issue has already been decided adversely to the appellant by the Alabama Supreme Court in Ex parte Anderson, 457 So. 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. Although the appellant argues that these statutes have no application in his case, because the offense occurred prior to their enactment, the defendant's trial took place after its enactment, and therefore the statute applies to this case. 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 .. We cannot erase those portions of our past that , at the time May have seemed very strange and threatening. A jury, on Feb. 1, found Josephus Anderson, 27, guilty of perjury for lying at an evidentiary hearing where he recanted the testimony he made during Willie Anderson II's, trial in October 2015 . Id. 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. Dobbert v. Florida, 432 U.S. 282, 97 S. Ct. 2290, 53 L. Ed. 2d 600 (1966); Estes v. Texas, 381 U.S. 532, 85 S. Ct. 1628, 14 L. Ed. Buy newspaper front pages, posters and more. 1978). 2d 693 (1957). He also offered to allow the defense counsel the right to continue to cross-examine the witness as much as he deemed necessary. Many have left due to job availability and desire for betterment for themselves and their family. A yellow sack was lying on the ground near the appellant. Instead, the function of this Court is to determine whether there is legal evidence from which a jury could by fair inference find the defendant guilty. [2] "Our opinion today should not be construed as holding that a party may not make inquiry about prior convictions of crimes involving moral turpitude that do not result in a loss of the right to vote. 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). We know that Joseph . ', Richardson v. State, 476 So. In 1987, Donalds mother, Beulah Mae Donald, brought a wrongful death lawsuit against the United Klans of America. 2d 1247 [at 1248] (Ala.Crim.App.1985) (citation omitted).". Alabama 36108 . Durham, you are absolutely right! 2d at 1184-85. The Court further refused to accept the appellant's contention that the State had a legitimate interest in denying the franchise to those convicted of crimes involving moral turpitude, because the Court found that such a purpose was not a motivating factor of the 1901 Convention. *294 Douglas H. Scofield and William N. Clark, Birmingham, for appellant. Jesse Jackson and other civil rights activists demanded that the investigation remain open, which it did. The men drove the car to the next county into a secluded and wooded area. App.1986). 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. BOWEN, Presiding Judge. I lived this historyI remember seeing KKK members one time during those years. You already receive all suggested Justia Opinion Summary Newsletters. 2d 1195, 1198 (Ala.Cr.App. 181 (N.D.Ala.1968); Seals v. State, 282 Ala. 586, 213 So. 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. Maybe he should be a history professor at Univ. Joseph Anderson in Alabama 269 people named Joseph Anderson found in Mobile, Huntsville and 12 other cities. The only showing that was made was that some of the *1369 prospective jurors had some recollection of the events surrounding the robbery. 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. Josephus & Sarah had the following children: John Phalen, Albanus Lonzo, Arletha & Minnie L. After Josephus died in 1886 Sarah married . 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. 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. Their line of thinking was that a black man would never convict another black man for killing a white police officer. 1981); Singleton v. Lefkowitz, 583 F.2d 618 (2d Cir.1978). Wasnt the trial moved to Mobile at some point? The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 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. So what were the unforeseen consequences of this story and how did they come about? Thus, the appellant claims that this tally should raise a reasonable doubt as to the validity of the jury verdict. (Opt out at any time). App.1981); and Pritchett v. State, 445 So. Home; Trees; Search; DNA; Explore; . Donald was beaten to death and his body hanged in a tree. See e.g. In 1987, Donalds mother, Beulah Mae Donald, brought a wrongful death lawsuit against the United Klans of America. The jury indicated that it would disregard the statement. 2d at 228, quoting the Court of Appeals' finding at 730 F.2d 620. 47 Am.Jur.2d Jury 106 (1969). It is important for the next generations to know, so they can choose different paths, otherwise the negative forces of humankind (superiority of ones own group, setting profit and power as the ultimate goal and test of success, etc.) And I wonder why Sher continues to shed light on the negativity. YouTubes privacy policy is available here and YouTubes terms of service is available here. 1347, 1358 (M.D.Ala.1986); where a black nurse filed a discrimination suit against a hospital on the basis of adverse employment decisions, Davis v. State University of New York, 802 F.2d 638, 644-45 (2d Cir.1986); where minority police officers brought a civil rights action alleging employment discrimination, Minority Police Officers Association v. City of South Bend, 617 F. Supp. After two mistrials in the homicide case, the Jefferson County District Attorney's office proceeded with the robbery charge against appellant and the Honorable Orson L. Johnson was appointed on January 16, 1981, to represent appellant in this cause. 2d 344 (1977); Murphy v. Florida, 421 U.S. 794, 95 S. Ct. 2031, 44 L. Ed. Officer Newfield stated that he observed appellant walking down 16th Street toward him and turn left on Second Alley. 500 So. Birmingham Police Officer Joe Johnson testified and corroborated the testimony of Officer Middleton. 2d 878,880 (Ala.Cr.App. . Do you know that the majority of our younger citizens want to move forward and desire to look toward a future of prosperity for all? Rhoden Josephus Living in 62 Anderson Street Talladega Alabama, Phone: 256-358-7224, Email: josephus5219@gmail.com, Relatives: Available. (You can unsubscribe anytime), 1st time JeffCo white men executed for murder of Black. Following Defendant's conviction, the cumulative vote total was still twenty-seven for acquittal, twenty-one for conviction." (Emphasis added in Poole.) 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. There he observed appellant lying on the ground in front of the motel swimming pool. 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. Hill stated that she gave the man approximately $150 in marked money from her drawer and some rolls of coins. Yeah, no more ads! 2d 1083, 1089 (Ala.Cr. It was further shown by sworn affidavit that the court reporter's notes and tapes of the juror's voir dire questioning were reported missing prior to their being typed. The prosecutor had also informed the defense counsel that he did not intend to call either Ms. Stewart or Ms. Johnson and, in fact, neither individual was called to testify at the trial. He is the author of the recently published book Life and Death in the Magic City. *297 denied, 291 Ala. 803, 279 So. But this chain of events happened between 1979 and 1987just 34 years ago. Rehearing Denied April 26, 1988. Upon calling him over to his car, Anderson leaned into the vehicle and shot Ballard several times and then ran away. Walker v. State, 416 So. 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. Ms. Hill identified the appellant as the man who robbed the bank on November 29, 1979. During that trial, a Klan member testified that the motive for the murder of Donald was that The Klan wanted the message to get back to the black people of not just Alabama, but the whole United States, that we would not stand for a black person killing a white police officer and getting away with it. Mrs. Donald won a $7 million judgement against the United Klans of America which bankrupted the organization, effectively leading to the cessation of Ku Klux Klan operations in Alabama. Id. Appellant also contends that the trial court erred in denying his motion for a trial continuance. 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." Certain acts can have important unintended consequences. Under Arlington Heights, a racially disproportionate impact alone does not make official action unconstitutional; rather, a discriminatory purpose or intent must be shown to prove a violation of the Equal Protection Clause. Anderson, supra; Hale v. United States, 435 F.2d 737 (5th Cir.1970), cert. Id. The Michael Donald wrongful-death lawsuit was the first civil liability suit directed specifically at an organization that professed hate based solely on race. 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. She also described the gun he was carrying as "being silver." Memorialize Joseph's life with photos and stories about him and the Anderson family history and genealogy. Johnson v. State, 406 So. However, *1368 the defendant has the burden of showing to the reasonable satisfaction of the court that a fair and impartial trial cannot be had and an unbiased verdict cannot be reasonably expected. Gen., and William D. Little, Asst. The Christmas shopping rush was on when a call went out over the police radio reporting an armed robbery at a savings and loan branch and which included a description of a Black male suspect. Under 15-14-56(a), "[w]henever a victim is unable to attend such trial or hearing or any portion thereof by reason of death the victim's family may select a representative who shall be entitled to exercise any right *305 granted to the victim, pursuant to the provisions of this article." Our entire world has a dark history, and America is no exception. Josephus Anderson, age 79, would die from natural causes in March, 2021, while serving his life sentence in Holman prison. 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. 1976); Edson v. State, 53 Ala.App. As to the trial court's refusal to grant a continuance because of pre-trial publicity concerning other crimes involving police, the record indicates that the defense counsel's motion was based on a killing of a police officer and an attempt to shoot an officer, both of which occurred shortly before this trial, and a prosecution of a Ku Klux Klan member for the killing of a black man, which was purportedly motivated by the jury's inability to reach a verdict in the defendant's three prior trials. The appellant was tried on three occasions, twice in 1981 and once in 1983; those trials ended in mistrials because the jury was unable to reach a verdict. 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. denied, 402 U.S. 976, 91 S. Ct. 1680, 29 L. Ed. It .. And yes him and his klansmans were brought up in Beluhas case ..she broke the klan but they changed the names and. 2d 1131, 1132 (Ala.Crim.App. 2d 645, 663 (Ala.1980), the trial court sentenced the appellant to life without parole. Historical Person Search Search Search Results Results Josephus Marion Anderson (1861 - 1927) Try FREE for 14 days Try FREE for 14 days How do we create a person's profile? 4, 325 So. In looking to the purpose in requiring that a prospective juror "has not lost the right to vote by conviction for any offense involving moral turpitude," we note that other sources have similar provisions. The record indicates that following Mrs. White's testimony, as she was leaving the courtroom, she turned to the victim's widow, waved and stated, "Bye-bye." Following his fourth trial, the appellant was found guilty as charged in the indictment. Officer Charles Newfield testified that in response to the radio descriptions that he had heard, he was looking for a black man, 6 feet to 6 feet 1 inch tall with a stocky build, wearing a three-quarter length brown coat and a brown hat. Following his conviction in 1985, the jury recommended a sentence of life without parole. While these actions were clearly improper, there is no indication that the appellant was so prejudiced as to require a mistrial. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. Ala.1980 ), reversed on other grounds, Ex parte Wilhite, 485 So that he followed appellant until turned... Shots and observed the josephus anderson alabama who robbed the bank on November 29, 1979 as to validity! Of two witnesses the KKK in Alabama 269 people named Joseph Anderson Alabama. Total was still twenty-seven for acquittal, twenty-one for conviction. Appeals opinions to. 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