Josephus Dekoning currently lives in Anderson, AL; in the past Josephus has also lived in Orland Park IL, Monee IL and Steger IL. 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. I was born/raised in Birmingham. See, e.g., McKinney v. Wainwright, 488 F.2d 28 (5th Cir. The judgment of conviction is affirmed. of Berkley. 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. 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. Anderson's case was moved from Birmingham to Mobile, Alabama in a change of venue. Josephus & Sarah had the following children: John Phalen, Albanus Lonzo, Arletha & Minnie L. After Josephus died in 1886 Sarah married . Thus, the appellant claims that this tally should raise a reasonable doubt as to the validity of the jury verdict. Public Domain. You can explore additional available newsletters here. 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." The appellant argues that the trial court erred in excepting the victim's widow from the rule. 2d 549 (1970), quoting Brown v. Allen, 344 U.S. *302 443, 474, 73 S. Ct. 397, 416, 97 L. Ed. The defense counsel made a motion for mistrial because of this filming on three separate occasions. 182, 96 So. Ms. Tapscott stated that Shannon Hill gave the robber some rolls of change and "marked" money from her teller drawer. 500 So. 117, at 122 (N.D.Ala.1966). 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. 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. As this court stated in Matthews v. State, 361 So. A black man, who was tall and wore a long coat which was either black or dark brown, walked out to the police car. 2d 44 (Ala.1979). 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. 363, 279 So. Gen., for appellee. 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. On December 18, 1979, the Honorable William N. Clark was appointed to represent appellant in this cause. Josephus ANDERSON v. STATE. The killing had occurred in Birmingham, Alabama, but the trial had been moved to Mobile, Alabama. Gen., Patricia E. Guthrie, Asst. Subsequently, the prosecutor sent the defense counsel a copy of a tape recording of a conversation between Ms. Johnson and a member of the Birmingham police force. Josephus Dekoning was born on 03/30/1929 and is 93 years old.Josephus Dekoning currently lives in Anderson, AL; in the past Josephus has also lived in Orland Park IL, Monee IL and Steger IL.Josephus also answers to Joe B Dekoning, Josepheus Dekoning, Josephus D Dekoning, Josephus B Dekoning and Josephus B Koning, and perhaps a couple of other names. Ballard was shot and killed by Josephus Anderson, who was fleeing a bank robbery. 2d 1164, 1169 (Ala.Cr.App.1979), writ quashed by Ex parte Johnson, 378 So. She further testified that the man took money and American Express travelers checks and put them in a paper bag and left the bank. Both concluded that Michael Donald was hung as a result of a drug deal gone bad. There his beaten body hung from the tree until all life left it. 181 (N.D.Ala.1968); Seals v. State, 282 Ala. 586, 213 So. She identified the *295 appellant as the man who robbed the Jefferson Federal Savings and Loan Association. 2d 821 (1969); Morton v. State, 338 So. Click a location below to find Joseph more easily. This thought experiment in comparison ponders a Black man's conviction that his Hebrew identity would make him immune to COVID-19. 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. ), cert. Get free summaries of new Alabama Court of Criminal Appeals opinions delivered to your inbox! Officer Middleton stated that he approached the fallen suspect and took the pistol out of his hand. 2d 222 (1985). *1365 Orson L. Johnson, Birmingham, for appellant. Charles A. Graddick, Atty. 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. Your email address will not be published. See also Dobbins v. State, supra. 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. The American Bar Association has established a model setting forth four categories of persons who should be ineligible for jury service. He is the author of the recently published book "Life and Death in the Magic City. As such, it violates equal protection under Arlington Heights." This was likely related to the lack of positive eyewitness identification of Anderson as the person who shot Ballard and questions regarding ballistic evidence. Upon calling him over to his car, Anderson leaned into the vehicle and shot Ballard several times and then ran away. That put it right in the Mobile KKKs faces when mistrial(s) occurred. Sitting in his patrol car, Sgt. We collect and match historical records that Ancestry users have contributed to their family trees to create each person's profile. Charles A. Graddick, Atty. He was one scary dude. (Emphasis added in Poole.) 47 Am.Jur.2d Jury 106 (1969). Other states have enacted similar statutes or statutes which promote similar results. When an in-court identification is shown to have a basis independent of any pretrial identification or confrontation, it is properly admitted into evidence. [1] A neutral State law that produces disproportionate effects along racial lines is subject to analysis under Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 97 S. Ct. 555, 50 L. Ed. Ms. Tapscott stated that the robber was in her presence from three to five minutes and was within two feet of her. Bridges v. State, 284 Ala. 412, 225 So. He was observed pulling something from his bag or his belt, as he was being pursued by the police officers. Josephus Anderson, age 79, would die from natural causes in March . The body was left hanging from a tree in a mixed-race neighborhood in Mobile. Jill Tapscott, an employee of Jefferson Federal Savings and Loan Association, testified that on November 29, 1979, she observed a black man standing in the building holding a gun. 2d 538 (1973).". 2d 992, 994 (Ala.Cr. The 1981 Lynching that Bankrupted an Alabama KKK. 521 (1940). A mistrial was declared. I say do not hide it, but why do we need to blast our bad history. 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. Ala.Code 15-2-20 (1975). Joseph Anderson . Jorden - Josephus . 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. Prior to a fourth trial, the appellant filed a petition for a writ of mandamus, claiming that a fourth trial would violate his due process rights and double jeopardy. Gast v. State, 232 Ala. 307, 310, 167 So. Officer Newfield stated that he observed appellant walking down 16th Street toward him and turn left on Second Alley. It was further shown by sworn affidavit that the court reporter's notes and tapes of the juror's voir dire questioning were reported missing prior to their being typed. When you read about lynchings and the KKK in Alabama, you expect to be reading about incidents that happened 100 years ago. Hunter v. Underwood, supra, 471 U.S. at 231, 105 S. Ct. at 1922, 85 L. Ed. After careful review of the record, we find no prejudicial error of the trial court's ruling. 2d 1296 (Ala.Cr.App.1978); Boutwell v. State, 279 Ala. 176, 183 So. Thus, the defendant has failed to meet his burden. App.1986). Shortly after the broadcast concerning the robbery in progress, Sergeant Ballard had a conversation with another officer by radio. He again argues that, because of pretrial publicity some two months prior to his trial, the trial should have been postponed to a later date. 2d 768 (Ala.1986). 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. Comment document.getElementById("comment").setAttribute( "id", "a335a7e53203c7163c7b738df9e3e964" );document.getElementById("bf6925fc2a").setAttribute( "id", "comment" ); Save my name, email, and website in this browser for the next time I comment. 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. 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. Newfield broadcast his movements to police headquarters and stated that the man continued walking in a calm manner, occasionally glancing in Newfield's direction. at 1185. 2d 693 (1957). denied, 372 So. Appellant was tried before a jury on January 27, 1982, and was found guilty as charged. 2d at 1184-85. I am proud to have been a part of that history, for good and for bad. 2d 677 (Ala.1980); Turk v. State, 348 So. 200 block 19th Street.". Sign up for our free summaries and get the latest delivered directly to you. The payout by the United Klans of America bankrupted the organization. Following his conviction in 1985, the jury recommended a sentence of life without parole. [2] "Our opinion today should not be construed as holding that a party may not make inquiry about prior convictions of crimes involving moral turpitude that do not result in a loss of the right to vote. 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.. Circuit Judge Susan Jordan sentenced Josephus Anderson, 27, Wednesday, March 27, to serve three to 30 years in prison for one felony count of perjury to run concurrently with his current. The first unresponsive answer occurred during the cross-examination of State's witness Lula White, an eyewitness to the shooting of Sergeant Ballard: Shortly thereafter, the following occurred: During the recess, the defense counsel moved for a mistrial, objecting to Mrs. White's statement that she knew the appellant shot the man as unresponsive. Yes, the trials were moved to Mobile. 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