(You can unsubscribe anytime), 1st time JeffCo white men executed for murder of Black. Id. 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]. In addition to the arguments already raised, the appellant claims that the trial court erred in denying his motion for continuance on the basis of newly discovered witnesses and on the basis of pre-trial publicity; in failing to grant his motion for mistrial on the basis of the relationship between Lula White and the victim's widow; in the denial of his motion for a mistrial after repeated violations of the trial court's order to prohibit filming of the jury by the news media. She testified that the man reached into a bundle which he was carrying and pulled something out. I say do not hide it, but why do we need to blast our bad history. Officer Newfield stated that he followed appellant until he turned off Second Alley at 12th Street. Hunter v. Underwood, supra, 471 U.S. at 228, 105 S. Ct. at 1920, 85 L. Ed. 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." It is clear that the appellant has not made the requisite showing in order to prove that he was deprived of his right to compulsory process as a result of a denial of his motion for continuance. Clickhereto sign up for ournewsletter. Michael's body was crumpled from beatings and his neck slashed. The officers in this police car returned his fire and the appellant fell again near the motel swimming pool after being shot. I was born/raised in Birmingham. After such a mistrial, the retrial of the defendant is not barred by double jeopardy.' 2d 1133, 1134 (Ala.Cr.App.1985). 4, 325 So. Thanks for the continued horrible and discussing HISTORY of Alabama and Birmingham. Find Josephus Anderson's phone number, address, and email on Spokeo, the leading online directory for contact information. Birmingham Police Officer Joe Johnson testified and corroborated the testimony of Officer Middleton. The record firmly shows that appellant was indicted for robbery on December 7, 1979. By B.J. In so doing, this group stated: American Bar Association, Standards Relating to Juror Use and Management 50 (1983). See Barton v. State, 494 So. 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 1014 (Ala.Cr.App.1982). Newfield broadcast his movements to police headquarters and stated that the man continued walking in a calm manner, occasionally glancing in Newfield's direction. ), cert. He was one scary dude. Donald was beaten to death and his body hanged in a tree. 1985). 2d 406 (Ala.Cr.App.1981); Weaver v. State, 401 So. Summary Joseph Anderson was born on July 24, 1926. 2d 547 (Ala.Cr.App.1984). Sheppard v. Maxwell, 384 U.S. 333, *307 86 S. Ct. 1507, 16 L. Ed. 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. He is the author of the recently published book Life and Death in the Magic City. Anderson's case was moved from Birmingham to Mobile, Alabama in a change of venue. Clearly, these facts were undisputed. will raise their ugly head in future generations, perhaps in different ways, over and over. After Hunter, an individual in Alabama can no longer be disfranchised because he has been convicted of a crime involving moral turpitude, unless the crime punishable by imprisonment in the penitentiary. Hunter v. Underwood, supra, 471 U.S. at 233, 105 S. Ct. at 1923, 85 L. Ed. 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. Gen., Patricia E. Guthrie, Asst. We collect and match historical records that Ancestry users have contributed to their family trees to create each person's profile. This site is protected by reCAPTCHA and the Google, Alabama Court of Criminal Appeals Decisions. Many have left due to job availability and desire for betterment for themselves and their family. 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. We cant rewrite OR I write that history. Approximately six other police officers were involved in the apprehension of the appellant. The judge stated: We view this as a matter wholly within the discretion of the trial court. Id. Black people should support this annexation as well as any annexation done by mostly Black central cities. The measure of impropriety which must be shown by an appellant to hold the court in error for denial of a motion for continuance of a criminal trial is gross abuse. Atty. An example of such a profound delayed effect with far-reaching social ramifications would have its origin in downtown Birmingham on the afternoon of November 29th, 1979 in front of Newberrys in the 200 block of 20th Street North. Arraignment was held on January 16, 1981, with court-appointed counsel present, wherein appellant entered a plea of not guilty. 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." Our entire world has a dark history, and America is no exception. He was an insurance salesman. Atty. Records of the police department indicated that this "robbery-in-progress" broadcast was made at 3:34 p.m. She testified that she then heard three shots and observed the man whirl around with a gun. 2d 726 (Ala.Cr.App.1985), reversed on other grounds, Ex parte Jackson, 516 So. Absent a showing of actual prejudicial influence on the jury, the trial court's denial of a motion for continuance will not be reversed. Guilt should be directed to the criminals of the crimes, not a rehash of HISTORY that most of us know. 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. The killing had occurred in Birmingham, Alabama, but the trial had been moved to Mobile, Alabama. His wife was Logan Anderson His parents were G.I. *1365 Orson L. Johnson, Birmingham, for appellant. In 1987, Donalds mother, Beulah Mae Donald, brought a wrongful death lawsuit against the United Klans of America. 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. Public Domain. 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. 2d 423 (Ala.Cr.App.1976). Furthermore, there is no evidence in the record that the jurors were even aware of the Klan killing. Section 12-16-60, Code of Alabama (1975), as amended in 1978, reads in pertinent part: The constitutionality of this subsection and its mandatory application to a prospective juror, has not been examined and, in light of the finding in Hunter that denying the vote to persons convicted of certain crimes, including "any crime involving moral turpitude" is unconstitutional, we feel that the constitutionality of this requirement should be explored. 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. 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 . Officer R.E. 166, 320 So. 2023 Advance Local Media LLC. 1330 (N.D.Ind.1985); where an employee alleged discrimination on the basis of his religion, Blalock v. Metals Trades, Inc., 775 F.2d 703, 710-11 (6th Cir.1985); and where a convicted black felon challenged a Tennessee statute which disfranchised convicted felons, Wesley v. Collins, 791 F.2d 1255, 1261-63 (6th Cir.1986) (citing Green v. Board of Elections of City of New York, 380 F.2d 445 (2d Cir.1967), cert. Id., at 687, citing Bailey v. State, 398 So. Shannon Hill testified that she was balancing and counting her money at a teller window when a black male walked up to her counter, pulled a gun and asked for money. 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. *294 Douglas H. Scofield and William N. Clark, Birmingham, for appellant. 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. Furthermore, "a common requirement or qualification [to serve as a juror] is that a juror be a qualified elector or voter of the county or district, or have such qualifications as are prescribed in the laws for an elector or a voter." That is, the young population that remains here. Id. *301 The analysis and holding in Hunter have since been used where black citizens challenged the constitutionality of an at-large method of electing county commissioners and school board members, Dillard v. Crenshaw County, 640 F. Supp. Ms. Tapscott stated that the robber was in her presence from three to five minutes and was within two feet of her. The petitioner, Josephus Anderson, was indicted on December 7, 1979, in Jefferson County for the November 29th capital murder of Officer Albert Eugene Ballard. 2d 167 (Ala.Cr.App. 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.. 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. Gunfire was exchanged and the appellant was apparently shot in the face and the stomach. Jesse Jackson and other civil rights activists demanded that the investigation remain open, which it did. The Court further indicated that there was no record of any objections to the declaration of mistrial in any of the three previous trials. Ms. Tapscott stated that Shannon Hill gave the robber some rolls of change and "marked" money from her teller drawer. I welcome your comments. What wasnt brought out in the article was the fact that the gun recovered from him was taken from a bank guard in Atlanta that he killed during a robbery. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. BTW, multiple cities have a similar history, but they are looking forward to developing a better world for their citizens. Born 1926 and died 1984. 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 The only showing that was made was that some of the *1369 prospective jurors had some recollection of the events surrounding the robbery. The evidence before us reveals that the jury was not prejudiced against appellant and therefore we find no error in the refusal of the trial judge to grant the motion for a change of venue. There is a presumption in favor of the correctness of a jury's verdict, and when the trial judge declines to grant a new trial that verdict is strengthened on appeal. 2d 840 (1968), which emphasized that the disfranchisement of felons "has never been viewed as a device by which a state could discriminatorily exclude a given racial minority from the polls."). denied, 389 U.S. 1048, 88 S. Ct. 768, 19 L. Ed. Certain acts can have important unintended consequences. 2d 328 (1969)." He stated that he heard a communication over his police radio regarding the robbery at approximately 3:55 p.m. I totally agree! 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. The remaining jurors who had some knowledge of the case indicated that they could disregard their recollection and base their verdict on the testimony they heard at trial. Donald was beaten to death and his body hanged in a tree. 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. He stated that his partner said, "Halt, police," after which the black male began to run. 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 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. Bracy v. State, 473 So. 2d 344 (Ala.Cr. Except where inherently prejudicial publicity has so saturated the community as to have a probable impact upon the prospective jurors, the trial court's main responsibility with regard to allegedly prejudicial pre-trial publicity is to determine whether, as the result of such publicity, it is reasonably unlikely that the defendant can secure a fair and impartial trial. However, in Ex parte Cochran, 500 So. He argues that these jurors indicated on voir dire questioning that their recollection of events surrounding the robbery and later murder of Officer Ballard would affect their judgment. Im sure you read Richard Dickersons piece a few weeks back promoting that effort. Research genealogy for Josephus Marion"Buster" Anderson Jr of Epes, Sumter, Alabama, as well as other members of the Anderson Jr family, on Ancestry. 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. The parties further stipulated that all the other jurors who had heard any of the pretrial publicity stated they could disregard their recollections and base their verdict on the testimony they heard during the trial. 2d 1296 (Ala.Cr.App.1978); Boutwell v. State, 279 Ala. 176, 183 So. Officer Middleton identified appellant as the fleeing man. 2d at 1184-85. ), cert. 2d 1185, 1205 (Ala.Cr.App.1979), *300 writ denied Ex parte Chambliss, 373 So. The suspect turned and fired at the officers and then ran into the area of the Southern Motor Inn Motel. 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 .