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Bone Valley

Bondage to the Law

04 Feb 2026

Transcription

Chapter 1: What led to the push against Toforest Johnson's conviction?

10.24 - 20.492 Beth Shelburne

Last time on Ear Witness. She was a very credible witness. We believed her. Obviously, we believed her because we convicted him, and it was on her testimony.

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21.393 - 30.263 Tremaine Perry

The only evidence, supposedly, they had against him was this ear witness who had never heard him speak before, who had no idea who he was.

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30.343 - 39.353 Jeff Wallace

That is extremely strong evidence if it's believed. Of course, the question becomes, do you believe that evidence? Well, to believe that evidence, you have to believe Ms. Ellison.

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39.755 - 50.646 Nick Gady

And so we're trying to get information on her. Her name's Violet Ellison. Mm-hmm. Do you have an opinion about her or have any information that you could give us about her?

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50.666 - 68.783 Tremaine Perry

I know she's very vindictive. She's a very messy lady. Very messy. I can tell you one thing about my grandma, she is a, that's a true scam artist. That's a true, I hate to say it, I know that's my grandma, but that's a true scam artist, though.

69.337 - 86.598 Maurice Myers

And I hate that this man could be innocent for $5,000. He's on death row for $5,000.

86.618 - 92.366 Akiria Lawler

I've had many tears and sorrows.

Chapter 2: How did Violet Ellison's testimony impact the case?

92.386 - 95.209 Jeff Wallace

And I have questions about tomorrow.

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97.214 - 128.082 Nick Gady

Near the intersection of Rosa Parks Avenue and Liberty Street in Montgomery, Alabama, is a tiny red brick church. Outside St. Peter AME. A large white banner is stretched 25 feet across the church's front lawn. The words, it's not too late to fix this mistake, are written across the banner in black and red letters. The mistake is to forest Johnson's conviction.

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131.285 - 160.87 Nick Gady

The banner was created by an organization called Greater Birmingham Ministries. This year, it has traveled to eight different churches across Alabama to help raise awareness about DeForest's case. Awareness that is growing every day.

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162.166 - 163.147 Carla Crowder

Holy cow.

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163.808 - 164.749 Lindsey Boney

It's just ridiculous.

165.329 - 167.812 Carla Crowder

This case is shameful.

168.632 - 177.701 Lindsey Boney

My name is Lindsey Boney. I'm a lawyer at the law firm Bradley A. Rand, Bolt Cummings. When I think about this case, it's mind-blowing to me.

177.761 - 191.515 Carla Crowder

My name is Carla Crowder. I'm a lawyer and executive director at Alabama Appleseed Center for Law and Justice. This case is stunning. And this case is heartbreaking.

192.035 - 201.549 Jeff Wallace

My name is Nick Gady. I have been an active lawyer in Birmingham since 1964. We can do better, and we need to do better.

Chapter 3: What challenges does Toforest Johnson still face on death row?

1460.082 - 1460.903 Jeff Wallace

Which way do you want it?

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1462.823 - 1476.218 Nick Gady

I guess one thing that we've been thinking about is, like, what is the cost of that bondage? And is it that sometimes you end up with situations like this?

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1477.6 - 1493.203 Jeff Wallace

I sure hope not. But the law is the law. No one's going to present me that piece of paper and ask me whether I would order a new trial. I'm in bondage to the law

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1501.18 - 1532.94 Nick Gady

You may see Jeff Wallace's support for a new trial as a half measure. He could call the case an injustice and take more accountability for his role into Forrest's conviction. But a trial prosecutor saying anything that calls a conviction into question is exceptional. There's no incentive for Jeff Wallace to say a word, no framework for prosecutors to voice doubt, or space for regrets to count.

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1534.062 - 1569.696 Nick Gady

And yet, Jeff Wallace still chose to speak up when he didn't have to say anything at all. In this project, we tried to answer the question of how an innocent man ended up on death row. We laid bare an investigation that was rushed to conclusion by tunnel vision and pressure to convict someone, anyone, for the murder of a deputy sheriff.

1569.878 - 1592.848 Nick Gady

This case shows us how young, marginalized people like Yolanda Chambers can be exploited and how money is wielded as an incentive for vulnerable people to become ensnared with law enforcement. It also demonstrates the terrible consequences for people who can't afford to pay for the best criminal defense.

1594.178 - 1626.92 Nick Gady

So far, the courts have said there was nothing illegal about what the state did, presenting five different theories about who committed the murder and paying the key witness behind closed doors, only admitting to this payment 17 years later. This is how our system works. According to the courts that have examined DeForest Johnson's conviction, it's not broken. It's working exactly as designed.

1632.406 - 1637.552 Jeff Wallace

They say that you've presumed innocent until proven guilty, and that is the law.

1638.613 - 1640.655 Nick Gady

Former Attorney General Bill Baxley,

Chapter 4: Why is the state of Alabama still pursuing Toforest's execution?

1918.488 - 1948.025 Nick Gady

So I'm so happy to finally see y'all and meet y'all and get to hang out with you. In October of 2021, I asked to Forrest's kids if we could all get together and talk. So we meet up on a Saturday afternoon at his oldest daughter Shanae Poole's place. It's a light-filled condo in downtown Birmingham. Her golden doodle named Banks meanders around, wagging his tail at everyone.

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1948.065 - 1953.012 Nick Gady

And his kids immediately start to share memories of their dad.

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1954.207 - 1972.113 Jeff Wallace

I remember going and realizing how short he was, though. He's so short. When we took a picture on the side of each other, he's so short. I have a picture of y'all, Maurice. You like Tower over Daddy. And I'm his same height. I'm Shanae Poole. I am the oldest daughter of Tafaris.

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1973.234 - 1975.117 Nick Gady

Shanae has his smile.

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1975.978 - 1982.728 Maurice Myers

I'm Maurice Myers, and I'm the fourth oldest of Tafaris.

1983.248 - 1987.234 Nick Gady

His son, Maurice Myers, has his eyes and nose.

1988.576 - 1990.759 Tremaine Perry

I'm Tremaine Perry. I'm the oldest cub.

1993.323 - 1997.89 Nick Gady

His oldest child, Tremaine Perry, has his voice and laugh.

1998.771 - 2002.196 Akiria Lawler

And I'm Akiria Lawler, and I'm the baby cub.

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