The filing is the latest effort in a case that has seen former judges, prosecutors and the local district attorney join in calls to reexamine the 1998 conviction and death sentence. alnews alcrime alabamanewsnetwork
Johnson’s attorneys are asking the justices to review a lower court decision denying the new trial request. They argued that the conviction rested on the testimony of a single witness who was paid a reward and that her testimony “was at odds with the physical evidence and directly contradicted by the state’s theory of the case in other proceedings.”
Poole was just 5 when her father was sentenced to death. She sat on someone’s shoulders to peer through the window on the courtroom door to see her father. “That was the last time I saw my Dad in person before his freedom was taken from him,” she said. “I couldn’t believe what I was reading. I was just dumfounded that, in Alabama, a case as weak as that would have gotten to the jury, much less a death sentence,” Baxley said in a telephone interview with The Associated Press.
A judge denied the new trial request in 2020, and the Alabama Court of Criminal Appeals upheld that decision in May, ruling that Johnson’s attorneys had not established that the witness “came forward with information in hope of the reward or that the state ever knew of such a hope before Johnson’s trial.”
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