1978). https://comebacktown.com/2021/08/31/how-birmingham-is-totally-unique/, Local entrepreneur sells company for $1.2 billionbig win for Birmingham, Man wakes from 35-year cryogenic freeze to find a new Birmingham. Furthermore, under 15-14-55, Code of Alabama (1975), "A victim of a criminal offense shall be exempt from the operation of rule of court, regulation, or statute or other law requiring the separation or exclusion of witnesses from court in criminal trials or hearings." The history we now want is the history of how we got past this horror. 2d 522 (Ala.Cr.App.1985); Bell v. State, 466 So. 2d 198, at 204 (1970), quoting Mitchell v. Johnson, 250 F. Supp. 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. Look forward to reading it. It is not the function of this Court to decide whether the evidence is believable beyond a reasonable doubt and to a moral certainty. Certain acts can have important unintended consequences. 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. 2d at 1184-85. https://comebacktown.com/2021/08/31/how-birmingham-is-totally-unique/. 2d 446 (Ala.1984). You already receive all suggested Justia Opinion Summary Newsletters. 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." 182, 96 So. 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. 654, 658, 282 So. However, we note that defense counsel and the district attorney entered a stipulation which said that two prospective jurors from the venire who stated they could not disregard previous news accounts of the case were dismissed from the venire and replaced by two who were unaware of the surrounding publicity. Following his conviction in 1985, the jury recommended a sentence of life without parole. Buy newspaper front pages, posters and more. Anderson and ?? Francis Hays, the second-highest Klan official in Alabama, and his fellow members of Unit 900 of the 47 Am.Jur.2d Jury 102 (1969). Anderson was. His wife was Logan Anderson His parents were G.I. The men drove the car to the next county into a secluded and wooded area. There he observed appellant lying on the ground in front of the motel swimming pool. denied, 359 So. So what were the unforeseen consequences of this story and how did they come about? Ms. Hill stated that the black male remained in the bank for six minutes. A witness, who was standing with her husband in the vicinity of the bank in downtown Birmingham, testified that she observed a police car, with one officer in the car, drive by slowly. Joseph Anderson . 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. See, e.g., McKinney v. Wainwright, 488 F.2d 28 (5th Cir. On May 6, 1981, a motion to transfer appellant from Holman Station, Alabama, to the Jefferson County Jail was filed which was granted *1366 May 29, 1981. In Childersburg, AL, my mothers. 554, 556 (1936). Officer Newfield testified that he then ran in the direction of the sound of the gunshots which led him to the Southern Motor Inn Motel. The record shows that appellant was indicted on December 17, 1979, wherein the indictment reads as follows: Appellant argues that no evidence was produced at trial showing that anything other than travelers checks was taken from Ms. Tapscott and that no evidence was introduced showing the value of the travelers checks taken. Also I am not young but I agree with the young ones who are thinking that way. Hunter v. Underwood, supra, 471 U.S. at 231, 105 S. Ct. at 1922, 85 L. Ed. Willcutt v. State, 284 Ala. 547, 226 So. 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. Im sure you read Richard Dickersons piece a few weeks back promoting that effort. Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. The suspect turned and fired at the officers and then ran into the area of the Southern Motor Inn Motel. Born in 28 May 1905 and died in 19 Oct 1979 Epes, Alabama Josephus Marion "Buster" Anderson Jr. In the week leading up to his murder, Mobile had become a hotbed of Klan activity due to the trial of Josephus Anderson, a Black man accused of killing a white police officer during an armed. The body was left hanging from a tree in a mixed-race neighborhood in Mobile. There is also no merit to the appellant's claim that he should have been granted a mistrial because of the relationship between Lula White and the victim's widow. Find Josephus Anderson's phone number, address, and email on Spokeo, the leading online directory for contact information. This issue was also decided adversely to the appellant in Anderson, supra, wherein despite the Court's recognition that the appellant presented a valid argument and that, under certain circumstances, retrials may result in a breach of due process, such is not the case under the facts at hand. Research genealogy for Josephus Marion"Buster" Anderson Jr of Epes, Sumter, Alabama, as well as other members of the Anderson Jr family, on Ancestry. Cumbo v. State, 368 So. In Hicks this Court *299 recently enunciated several factors which are to be considered in determining whether an accused was deprived of his right to compulsory process by denial of a motion for continuance: "`"[T]he diligence of the defense in interviewing witnesses and procuring their presence, the probability of procuring their testimony within a reasonable time, the specificity with which the defense is able to describe their expected knowledge or testimony, the degree to which such testimony is expected to be favorable to the accused, and the unique or cumulative nature of the testimony.". Charles A. Graddick, Atty. Setting a precedent, the lawsuit opened the door for others to file civil cases against hate groups and their members in the United States. Frazier v. State, 528 So. Lord, help me. The judgment of conviction is affirmed. It is appellant's contention that his picture shown to the witnesses in which an "IR number" was missing and where his name was written on the back coupled with the publicity at the time of the witnesses viewing the photograph resulted in a suggestive and improper photographic lineup procedure. 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. Required fields are marked *. 2d 787 (Ala.1986). *294 Douglas H. Scofield and William N. Clark, Birmingham, for appellant. Ellis v. State, 338 So. 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. Appellant was subsequently tried for robbery approximately one year later on January 25, 1982. ), cert. Arraignment was held on January 16, 1981, with court-appointed counsel present, wherein appellant entered a plea of not guilty. While the direction of their energy may have been unpleasant, it is a fact that is a part of our past, as well as our education about where we lived and what was going on. Because of the untimeliness of the objection and the trial court's action in instructing the jurors, the appellant's motion was properly denied. He was also wearing a jacket, but Ms. Tapscott stated she could not remember what type. Black people should support this annexation as well as any annexation done by mostly Black central cities. 2d 768 (Ala.1986). This section was held constitutional on its face, Bokulich v. Jury Comm'n of Greene County, Ala., 298 F. Supp. 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. Yes, the trials were moved to Mobile. Officer Middleton testified that he pulled up beside a person at Second Alley and 13th Street who fit the description of the robbery suspect which he heard over the radio. Albert Eugene Ballard, 46, and two days before being eligible to retire, saw a man walking on the sidewalk who fit the general description of the suspect. See e.g. Hicks v. Wainwright, 633 F.2d 1146 (5th Cir. Charles A. Graddick, Atty. 2d 871, 874 (Ala.Cr.App.1978), cert. The trial court denied these motions and indicated that he had been observing the members of the jury and that all had appeared to be attentive to the trial and in no way distracted by the cameramen. A Coroners Perspective of Jefferson County, Alabama in the Early 20th Century. The book provides a review of Jefferson County during the turbulent first half of the 20th century as seen through the eyes of the coroners, law enforcement officials and news media during that time along with statistical comparisons to our current community. She stated that Ms. Hill was attempting to open the bank safe. Articles of the appellant's clothing, rolls of coins taken from the appellant's pockets, a total of $2,058 in currency, and $13,300 in travelers checks were recovered from the scene. Atty. In retrospect, these unforeseen consequences can be indirectly traced back to that incident years before when Josephus Anderson survived being shot multiple times by police officers in a Birmingham alley and which, in the end, would set a precedent for successful civil rights lawsuits against other racist hate groups. In reviewing a conviction based on circumstantial evidence, the test to be applied by this court is whether the jury might reasonably find that the evidence excluded every reasonable hypothesis except that of guilt; not whether the evidence excludes every reasonable hypothesis except guilt. The record firmly shows that appellant was indicted for robbery on December 7, 1979. Through a petition for writ of mandamus filed in this Court, Josephus Anderson seeks to prevent his further prosecution and retrial for the capital murder of Birmingham Police Officer Albert Eugene Ballard. After Elizabeth died he married Sarah Chaney on August 6, 1872. The appellant was indicted for the capital offense of murder of a law enforcement officer, in violation of 13-11-2(a)(5) (repealed), Code of Alabama (1975). 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 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. That above rule "clearly applies to cases where the continuance is sought due to an absent witness." History itself is proof of this. Josephus R. Anderson was indicted by the Jefferson County Grand Jury on December 7, 1979, for robbery. Officer Middleton identified appellant as the fleeing man. Invite David to speak to your group for free about a better Birmingham. Appellant contends that the trial court erred in denying his challenge for cause of jurors Brown and Benjamin. Joseph Anderson . Two additional jurors who stated they had no previous knowledge of the case replaced those jurors who were struck for cause. In 1981, shortly after the jury in the first trial of Anderson could not reach a verdict, several members of the Ku Klux Klan in Mobile reacted to this outcome by abducting a 19 year old Black man named Michael Donald. 2d 777, 786 (Ala.Cr.App.1985), judgment affirmed by Ex parte Wilhite, 485 So. Therefore, this examination will look to the history of this statute and the legislative purpose thereof under the application of the holding in Hunter. 2d 1164, 1169 (Ala.Cr.App.1979), writ quashed by Ex parte Johnson, 378 So. Josephus & Sarah had the following children: John Phalen, Albanus Lonzo, Arletha & Minnie L. After Josephus died in 1886 Sarah married . However, in Ex parte Cochran, 500 So. Ms. Tapscott stated that Shannon Hill gave the robber some rolls of change and "marked" money from her teller drawer. Yeah, no more ads! Ex parte Poole, 497 So.2d *303 537, 543 (Ala.1986). 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