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. 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. Jay Glass retired as Chie 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. The officers in this police car returned his fire and the appellant fell again near the motel swimming pool after being shot. Ex parte Anderson, 457 So. Joseph Anderson . During voir dire examination of witnesses Tapscott and Hill outside the presence of the jury, each was asked if she had an independent recollection of the description of the robber without having seen any photographs. "The weight of the evidence, the credibility of the witnesses, and inferences to be drawn from the evidence, where susceptible of more than one rational conclusion, are for the jury alone. 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. The defense counsel introduced newspaper articles to support his claim. Certain acts can have important unintended consequences. Just before the FBI was to close the case, Rev. Hes past Chairman of the Birmingham Regional Chamber of Commerce (BBA), Operation New Birmingham (REV Birmingham), and the City Action Partnership (CAP). 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. Following Defendant's conviction, the cumulative vote total was still twenty-seven for acquittal, twenty-one for conviction." Middleton testified that he was a member of the tactical unit of the Birmingham Police Department and was working in "plain clothes" on November 29, 1979. 2d 96 (Ala.Cr.App.1976). Atty. denied, 389 U.S. 1048, 88 S. Ct. 768, 19 L. Ed. Historical Person Search Search Search Results Results Josephus Marion"Buster" Anderson Jr (1905 - 1979) . When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. Rhoden Josephus Living in 62 Anderson Street Talladega Alabama, Phone: 256-358-7224, Email: josephus5219@gmail.com, Relatives: Available. 2d 222 (1985). 2d 534, 537, cert. We only hold that convictions of these crimes do not result in disqualifying a jury for cause." She identified appellant as the black male who robbed the bank on November 29, 1979. Donald was beaten to death and his body hanged in a tree. I was born/raised in Birmingham. Jackson v. State, 414 So. He was an insurance salesman. Wasnt the trial moved to Mobile at some point? While committing a robbery, Josephus Anderson murdered a white police officer in Birmingham, Alabama. https://comebacktown.com/2021/08/31/how-birmingham-is-totally-unique/. Gen., for appellee. ), cert. The 1981 Lynching that Bankrupted an Alabama KKK. Appellant filed an amended motion for change of venue on December 18, 1981, which was denied on January 21, 1982. (Emphasis added in Poole.) 2d 1164, 1169 (Ala.Cr.App.1979), writ quashed by Ex parte Johnson, 378 So. He stated that he made photographs of the scene and photocopies of the travelers checks found near appellant. The same week of Donald's murder, Knowles said, there was a different criminal case that had the attention of Mobile Klansmen: The trial of a Black man named Josephus Anderson. After losing sight of appellant, Officer Newfield stated that he heard gunshots. 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. The fact that jurors knew of the case did not establish that at the time of empaneling they were biased against the defendant where they swore that their knowledge would not affect their judgment. She stated that Jane Baird, another bank teller, gave him all the money from her drawer and that Jill Tapscott gave the man travelers checks. Freeman v. State, 505 So. While these actions were clearly improper, there is no indication that the appellant was so prejudiced as to require a mistrial. 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. (Opt out at any time). The record indicates that the victim's widow, Kalliopi Ballard Hartley, testified only that, on the day of the murder, her husband left home in his police uniform and that the next time that she saw him, he was dead. 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. Two additional jurors who stated they had no previous knowledge of the case replaced those jurors who were struck for cause. 2d 1179 (Ala.1985) an appellant claimed that the trial court committed error by failing to furnish him with transcripts of his first trial and other proceedings so that he could effectively cross-examine and impeach the State's witnesses. It is consistently held in Alabama that the crime of robbery is basically a crime against the person. You already receive all suggested Justia Opinion Summary Newsletters. 2d 589 (1975). Born in 28 May 1905 and died in 19 Oct 1979 Epes, Alabama Josephus Marion "Buster" Anderson Jr. . 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. The trial court denied the motion for mistrial, stating that he did not think the statement was prejudicial taken in the context "of the nature of the question and where we were in questioning the witness." Thats just the evolution of life. Hoover parents, is this best for our kids. Following the petitioner's motion for a change of venue, the case was transferred to the Circuit Court of Mobile County. The appellant complains that he was convicted solely on the basis of circumstantial evidence and that this evidence failed to exclude every reasonable hypothesis except that of the guilt of the appellant. 654, 658, 282 So. 2d 777, 786 (Ala.Cr.App.1985), judgment affirmed by Ex parte Wilhite, 485 So. Jesse Jackson and other civil rights activists demanded that the investigation remain open, which it did. 2d 677 (Ala.1980); Turk v. State, 348 So. Officer Middleton testified that he saw the fleeing man pull out a gun so he jumped out of the patrol car. 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. 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." History itself is proof of this. 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. This disparate effect persists today. Bradley v. State, 450 So. Ellis v. State, 338 So. 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. The appellant claims that this denial resulted in preventing him from thoroughly cross-examining the State's witnesses and prevented him from preserving and providing a full and complete record on appeal. Young v. State, 416 So. 2023 Advance Local Media LLC. 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. Davis v. State, 457 So. 2d 402 (Ala.Cr.App.1984). The appellant argues that some of the testimony presented by the eyewitnesses to the murder conflicted and that none of these witnesses testified that they saw a gun. Ms. Tapscott stated that Shannon Hill gave the robber some rolls of change and "marked" money from her teller drawer. 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. 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. Gen., for appellee. Dr. King hoped we would use different criteria to judge other INDIVIDUALS. Ex parte Poole, 497 So.2d *303 537, 543 (Ala.1986). 2d 368 (1970). Johnson v. State, 406 So. State ex rel. Other states have enacted similar statutes or statutes which promote similar results. On December 18, 1979, the Honorable William N. Clark was appointed to represent appellant in this cause. Josephus Anderson, age 79, would die from natural causes in March . Sitting in his patrol car, Sgt. Frank Erwin, a Birmingham police officer, testified that he received a call around 3:30 p.m. on November 29, 1979, to go to the Jefferson Federal Savings and Loan on the corner of Fifth Avenue and 20th Street. The judge stated: We view this as a matter wholly within the discretion of the trial court. During each trial Anderson would be prosecuted and defended by two tenacious attorneys, David Barber, later to become the District Attorney of Jefferson County and by William Clark, who was likely responsible for Anderson not receiving the death penalty. 2d 600 (1966); Estes v. Texas, 381 U.S. 532, 85 S. Ct. 1628, 14 L. Ed. 2d 226 (1974). PS Jay, congratulations on your book! 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 1247 [at 1248] (Ala.Crim.App.1985) (citation omitted).". Carter v. Jury Comm'n, 396 U.S. 320, 332-33, 90 S. Ct. 518, 525, 24 L. Ed. Ms. Tapscott testified that she herself gave the robber over $13,000 in American Express Travelers Checks. 181 (N.D.Ala.1968); Seals v. State, 282 Ala. 586, 213 So. The Michael Donald wrongful-death lawsuit was the first civil liability suit directed specifically at an organization that professed hate based solely on race. Francis Hays, the second-highest Klan official in Alabama, and his fellow members of Unit 900 of the However, the defense counsel stated that approximately two days later, at a hearing, the prosecutor identified the other witness as being Shirley Stewart, but stated that he had no information as to her whereabouts. YouTubes privacy policy is available here and YouTubes terms of service is available here. As a high school student at Banks HS during those years and a Freshman, I vividly remember how terrified we were when we were directed to got down in the floor, under shelter of our desks, as a large, angry crowd of African Americans approached in an effort to demonstrate against segregation, and yes, we were terrified. However, starting with the Declaration of Independence, SOME Americans began to change that. 2d 645, 663 (Ala.1980), the trial court sentenced the appellant to life without parole. 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 ? Of the jurors empaneled to hear the case, five jurors who had expressed some prior knowledge of the case remained on the panel. 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 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." After he and his partner fired a shot at the fleeing suspect, the suspect fell. Appellant's murder trials, both of which resulted in "hung juries," were had in Mobile, Alabama, because of extensive publicity surrounding the robbery-murder. Police officers chased Anderson into an alley at Third Avenue and 13th Street North where a gun battle ensued and Anderson was shot multiple times and captured. He also offered to allow the defense counsel the right to continue to cross-examine the witness as much as he deemed necessary. 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." 2d 768 (Ala.1986). As the State points out in its brief, the Alabama Supreme Court's decision in Anderson is binding on this court. Newfield broadcast his movements to police headquarters and stated that the man continued walking in a calm manner, occasionally glancing in Newfield's direction. Chrysler Credit Corp. v. McKinney, 456 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. Another witness testified that she observed the officer in the police car call the man over to his car. 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. Furthermore, both witnesses gave accurate, detailed descriptions of the appellant immediately after the robbery occurred. 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. Thanks for the continued horrible and discussing HISTORY of Alabama and Birmingham. Shortly after the broadcast concerning the robbery in progress, Sergeant Ballard had a conversation with another officer by radio. She stated that Ms. Hill was attempting to open the bank safe. 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. I say do not hide it, but why do we need to blast our bad history. 2d 69 (1986). 2d 328 (1969)." BTW, multiple cities have a similar history, but they are looking forward to developing a better world for their citizens. Appellant's final contention is that this cause is due to be reversed because of a fatal variance in the proof adduced at trial and the charge in the indictment. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Shannon Hill was recalled and testified that the serial numbers on the money recovered from appellant matched the serial numbers on her "bait money" that had been taken from her teller drawer. 2d 697, 699 (Ala.Cr.App.1982)." 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. 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. Appellant contends that the trial court erred in denying his challenge for cause of jurors Brown and Benjamin. Tolliver v. State, 50 Ala.App. Officer Newfield stated that after hearing the report he went outside the Sears building. denied, 402 U.S. 976, 91 S. Ct. 1680, 29 L. Ed. Their line of thinking was that a black man would never convict another black man for killing a white police officer. Historically, in Alabama, the qualifications of persons on a jury roll were addressed under Title 30, Section 21, Code of Alabama (1940), and Title 30, Section 21, Code of Alabama (Recomp.1958). 2d 984 (Ala.Cr.App.1984). 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. Officer Middleton identified appellant as the fleeing man. Mrs. White testified that aside from the introduction, nothing else occurred. This was likely related to the lack of positive eyewitness identification of Anderson as the person who shot Ballard and questions regarding ballistic evidence. You're all set! 2d 1083, 1089 (Ala.Cr. In Cochran, the Alabama Supreme Court affirmed the trial court's decision because an "adequate substitute" was available in that one of the attorneys who had represented him throughout his litigation "represented him from the preliminary hearing through the third trial." 12-3-16, Code of Alabama (1975). During each trial Anderson would be prosecuted and defended by two tenacious attorneys, David Barber, later to become the District Attorney of Jefferson County and by William Clark, who was likely responsible for Anderson not receiving the death penalty. We know that Joseph . 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. 2d 787 (Ala.1986). 2d at 1184-85. 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. I am proud to have been a part of that history, for good and for bad. App.1986). ComebackTown has published close to 500 columns over an almost 10 year period with a lot of guest columnists. All rights reserved (About Us). 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." Refine Your Search Results. 4, 325 So. 1985). Appellant's photograph also had his name written on the back of the picture. 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. 2d 344 (Ala.Cr. 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. Id. The Supreme Court in Hunter determined that 182 was unconstitutional under the following guidelines for analysis. This site is protected by reCAPTCHA and the Google, Alabama Court of Criminal Appeals Decisions. Young v. State, 469 So. 2d at 230. Im sure you read Richard Dickersons piece a few weeks back promoting that effort. Home; Trees; Search; DNA; Explore; . denied, 372 So. 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. Josephus was a real bad actor. 2d 1312 (Ala.Cr.App.1985), and no showing of a discriminatory intent, the appellant's claim is without merit. 166, 320 So. Id. 2d 167 (Ala.Cr.App. Following his fourth trial, the appellant was found guilty as charged in the indictment. April 14, 1987. The Court further found no merit in the State's contention that despite the original purpose of 182, subsequent events had legitimated the provision, stating that "[w]ithout deciding whether 182 would be valid if enacted today without any impermissible motivation, we simply observe that its original enactment was motivated by a desire to discriminate against blacks on account of race and the section continues to this day to have that effect. Gen., and William D. Little, Asst. 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. 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. The officer who responded to the call broadcast a description of the man over his radio. 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 . Born 1926 and died 1984. When Donald attempted to escape by running away, he was caught and beaten with a tree branch. He observed a man fitting that description coming out of an alley; he therefore began to follow him. at 545. 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. 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? App.1982). 1976); Edson v. State, 53 Ala.App. 2d 423 (Ala.Cr.App.1976). Anderson's case was moved from Birmingham to Mobile, Alabama in a change of venue. David Sher is the founder and publisher ofComebackTown. Donald was beaten to death and his body hanged in a tree. Research genealogy for Josephus Marion"Buster" Anderson Jr of Epes, Sumter, Alabama, as well as other members of the Anderson Jr family, on Ancestry. Ms. Tapscott further stated this man was carrying a brownish-yellow paper sack. The petitioner, Josephus Anderson, was indicted on December 7, 1979, in Jefferson County for the November 29th capital murder of Officer Albert Eugene Ballard. Jay Glass retired as Chief Deputy Coroner following 35 years of service with the Jefferson County Coroner/Medical Examiner Office. Further, the Court stated that the record indicated that the defense counsel had at least "some transcription of the testimony of several witnesses, since he referred the witnesses to their previous testimony on several occasions during cross-examination." 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