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Thread: Bart Wayne Johnson - Alabama Death Row

  1. #11
    Administrator Heidi's Avatar
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    Sentencing today for Bart Wayne Johnson, man convicted of killing Pelham police officer Philip Davis

    COLUMBIANA, Alabama --- A Shelby County judge today is scheduled to sentence a pharmacist convicted of killing a Pelham police officer during a 2009 traffic stop.

    A jury, by a 10-2 vote last month, recommended that Bart Wayne Johnson receive the death penalty after finding him guilty on two counts of capital murder for the shooting death of Officer Philip Davis.

    Retired Shelby County Circuit Judge D. Al Crowson will sentence Johnson. Crowson can accept or reject the jury's recommendation.

    Evidence at Johnson's trial showed that Johnson shot Davis in the face around midnight after the officer pulled Johnson over on I-65 in Pelham and wrote him a speeding ticket. Johnson pleaded not guilty by reason of mental disease or defect.

    A psychologist hired by the defense testified that Johnson had a brief psychotic episode at the time of the shooting. Prosecutors said Johnson had not complained of any mental illnesses in the past.

    The sentencing is set for 1:30 p.m at the Shelby County Courthouse.

    http://blog.al.com/spotnews/2011/06/...bart_wayn.html

  2. #12
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    Bart Wayne Johnson sentenced to death for killing Pelham police officer

    COLUMBIANA, Alabama -- A Shelby County judge today sentenced a pharmacist to death for the 2009 slaying of a Pelham police officer.

    Retired Shelby County Circuit Judge D. Al Crowson handed down the death sentence to Bart Wayne Johnson following a sentencing hearing.

    Crowson said the sentence was a difficult decision but that everything he heard made death appropriate. Johnson's actions displayed a callous disregard for human life and a total disregard for authority, especially since it seemed the officer was trying to accommodate Johnson.

    Johnson apologized, saying simply that he was sorry and uncertain why he acted as he did. Responding to a comment earlier by the judge who said the confrontation seemed out of character, Johnson told Crowson "it was."

    Johnson was found guilty last month on two counts of capital murder for the December 2009 shooting death of Officer Philip Davis.

    A jury that convicted Johnson last month recommended that he receive a death sentence. The jury voted 10-2 for a death sentence instead of life without parole.

    Evidence at Johnson's trial showed that he shot Davis in the face after Davis pulled him over and wrote him a speeding ticket on I-65 in Pelham at around midnight.

    Johnson contended he was not guilty by reason of mental disease or defect. A psychologist hired by the defense testified at Johnson's trial that Johnson had a brief psychotic episode when he shot Davis.

    http://blog.al.com/spotnews/2011/06/...on_senten.html

  3. #13
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    Widow of slain police officer says 'justice has been served'

    COLUMBIANA, Alabama -- The widow of a Pelham police officer killed during a 2009 traffic stop said today that "justice has been served" after the man convicted of killing her husband was sentenced to die.

    Paula Davis, the widow of Officer Philip Davis, made the comment outside the Shelby Courthouse after Judge Al Crowson gave Bart Wayne Johnson the death penalty.

    "We can all sleep better," Paula Davis said.

    Johnson was convicted last month of shooting Philip Davis after the officer pulled him over around midnight and wrote him a speeding ticket. Crowson followed the recommendation of the jury in sentencing Johnson to death.

    "I would like to say justice has been served," Davis said.

    Davis said she is doing well with the support of everyone.

    She said she can now move forward with setting up the Philip Mahan Davis Foundation so that other families who have someone killed in law enforcement can be helped.

    http://blog.al.com/spotnews/2011/06/...e_officer.html

  4. #14
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    Widow remembers fallen Pelham officer

    For the past two years, the Christmas season has been shrouded in the bittersweet memories of a loved one the Davis family lost too early.

    Christmas carols, parades and lights have served to bring back memories of a fateful December day still haunting Pelham resident Paula Davis, her two children and their friends and family members.

    “We are reminded of it every second of every day,” Davis said. “When the kids ask me about their dad, I tell them to think about the stars in heaven and think of that as the light of their father watching from above.”

    Early on the morning of Dec. 4, 2009, Paula Davis received a call she never wanted to receive. The caller on the other end somberly told Paula Davis her husband, Pelham police officer Philip Davis, had been shot and killed during a traffic stop on Interstate 65.

    After the shock of the call had subsided, Paula Davis’ mind started filling with memories of her husband she would never again experience.

    “After we had (our daughter) Sarah, he would keep me updated about what they were doing throughout the day. He would send me pictures of her face covered in spaghetti sauce and everything else,” Paula Davis said.

    When the Davis’ son, John, was born three years ago, Paula Davis said she and Philip Davis initially disagreed over what to name him.

    “Archimedes is a family name, and that’s what Philip wanted to name our son. I thought that was an odd name,” Paula Davis said, noting the couple eventually settled on John Archimedes Davis. “It’s a delight to see that Philip got what he wanted.”

    For the second anniversary of the date of Philip Davis’ death, the Pelham Police Department will display a wreath in the department’s main lobby before moving it to Davis’ grave in the Southern Heritage Cemetery in a private ceremony for officers and family members.

    Pelham police Capt. Larry Palmer said the department has hosted a wreath-laying ceremony each year since Davis’ death to give the officers a chance to remember their fallen friend.

    “It’s just an opportunity for them to come together and remember their comrade,” Palmer said.

    This year, Davis’ family members and friends also will reflect on the recent death penalty sentence handed down to Davis’ killer, Bart Johnson. For Paula Davis, the sentence brought mixed emotions.

    “I was glad for our family to know that Philip was not in the wrong, he was just doing his job. But I felt sad that his family had to share our ordeal,” Paula Davis said. “I try not to get angry. My life would be easier if (Johnson) was not here.”

    After local residents worked to pay off the Davis family’s mortgage shortly after Philip Davis was killed, Paula Davis began forming the Philip Mahan Davis Foundation to help families of law enforcement officers in Shelby County.

    “He was just a happy-go-lucky guy,” Paula Davis said. “He always brought a smile to my face and made me happy. He enjoyed life to the fullest.”

    http://www.shelbycountyreporter.com/...elham-officer/

  5. #15
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    Pelham salutes fourth anniversary of fallen police officer with memorial

    PELHAM, Alabama -- Two Pelham police officers this morning carefully carried a wreath on a stand into the agency's lobby and placed it next to a memorial in honor of their fallen comrade Philip M. Davis.

    The memorial in the police department's lobby will be on display through Sunday afternoon to commemorate the fourth anniversary of Davis' death, which happened when he was shot during a traffic stop on Interstate 65 at 11:50 p.m. on Dec. 3, 2009.

    With flags at half-staff outside the municipality's buildings, Pelham Mayor Gary Waters briefly spoke to the crowd of more than a dozen people gathered in the lobby. He said he didn't know Davis well. "I knew him as Philip and he knew me as Chief," said Waters, who served as the city's fire chief.

    Waters spoke about the time necessary for healing to happen following a tragedy such as the death of Davis. "The healing process takes a long time," he said.

    "I appreciate the tribute you pay to your friend," Waters told the crowd.

    The memorial that includes framed pictures, a tracing of Davis' marker at the National Law Enforcement Officers Memorial, a service hat and a pair of white gloves along with other items will remain in the lobby on display until Sunday.

    Officers will transport the wreath to Davis' gravesite at Southern Heritage Cemetery and hold a ceremony at 2 p.m. on Sunday.

    Davis, 33, was shot and killed by Bart Wayne Johnson, 29, a pharmacist in Kimberly who had been stopped for speeding near the Shelby County Road 52 exit. Johnson opened fire on Davis and killed the police officer.

    A grand jury subsequently indicted Johnson on two counts of capital murder related to the officer's death, and a jury found him guilty of both counts on May 12, 2011. The jury recommended the death penalty for Johnson, and retired Shelby County Circuit Judge D. Al Crowson sentenced him to death on June 16, 2011.

    At his sentencing, Johnson apologized and said he was uncertain about the reason for his actions.

    Alabama Department of Corrections records show that Johnson is on death row at Holman Correctional Facility north of Atmore.

    Davis had served with the Pelham Police Department for four and half years. He previously served with the University of Alabama Police Department and Calera Police Department.

    He is survived by his wife and two children.

    An Alabama Senate resolution by Sen. Cam Ward that lawmakers adopted in April 2011 pays tribute to the fallen officer and renamed a section of Interstate 65 through Shelby County as the Philip M. Davis Memorial Highway.

    http://blog.al.com/spotnews/2013/12/..._annivers.html

  6. #16
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    Conviction upheld in killing of Pelham officer

    An Alabama appeals court has upheld a man's capital murder conviction for killing a Pelham police officer, but it has directed a trial judge to do a better job of explaining why he sentenced the man to death.

    The Alabama Court of Criminal Appeals decided 4-0 Tuesday to affirm the capital murder conviction of Bart Wayne Johnson received for shooting Officer Phillip Davis in the face during a traffic stop for speeding in December 2009. The jury at Johnson's trial recommended 10-2 that he be sentenced to death, and that's the sentence the judge imposed.

    But the appeals court said the judge must make specific findings about aggravating circumstances and mitigating circumstances that led to the sentence. Then the appeals court will look at the sentence again.

    http://www.mysanantonio.com/news/cri...er-5492414.php
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  7. #17
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    Court upholds death sentences in murders of Birmingham, Pelham police officers

    A state appeals court is upholding the convictions and death sentences of two men convicted of killing police officers.

    The Alabama Court of Criminal Appeals issued opinions Friday denying appeals by Kerry M. Spencer and Bart Wayne Johnson.

    Spencer was sentenced to death in the slayings of three Birmingham police officers in 2005. Jurors recommended life without parole, but a judge sentenced Spencer to die.

    Johnson was convicted of killing a Pelham police officer in 2009. A Shelby County judge had to issue a new sentencing order for Johnson, and the appeals court says that order was sufficient to explain the penalty.

    The court also upheld conviction and death sentence of James Earl Walker, who was convicted of killing an 87-year-old woman in Houston County in 2003.

    http://www.al.com/news/index.ssf/201...l#incart_river
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    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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  8. #18
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    In today's orders, the United States Supreme Court declined to review Johnson's petition for certiorari.

    Lower Ct: Court of Criminal Appeals of Alabama
    Case Nos.: (CR-10-1606)
    Decision Date: February 6, 2015
    Rehearing Denied: April 10, 2015
    Discretionary Court
    Decision Date: August 21, 2015
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  9. #19
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    15-7091 JOHNSON, BART W. V. ALABAMA

    The petition for rehearing is granted. The order entered January 11, 2016, denying the petition for a writ of certiorari, is vacated. The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated, and the case is remanded to the Court of Criminal Appeals of Alabama for further consideration in light of Hurst v. Florida, 577 U. S. ___ (2016).

    http://www.supremecourt.gov/orders/c...16zor_j4ek.pdf

  10. #20
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    Supreme Court Calls for Alabama Courts to Review State’s Death Sentencing Process

    WASHINGTON — The Supreme Court on Monday sent an order to the Alabama courts that they review whether the process the state uses to sentence someone to death remains constitutional after a ruling from the justices earlier this year that struck down Florida's similar sentencing process.

    Also on Monday, the Supreme Court declined to hear a California death penalty case. The action in Bart Johnson's case in Alabama, however, is a sign that the justices are paying close attention to the state-by-state effects of their movements on capital punishment.

    In the California case, the justices declined — over the noted dissent of Justice Stephen Breyer — to hear a challenge on whether decades-long delays in executions can lead to a violation of the Constitution. Breyer, who has repeatedly raised concerns about the death penalty more broadly and the potential constitutional implications of delays, drew significant attention to the California case with his dissent.

    But it is Johnson's case that could, ultimately, serve as a much stronger signal of where the Supreme Court stands on capital punishment issues today.

    On Jan. 11, the court had denied certiorari in Johnson's case, refusing to consider a question about whether prejudicial media coverage relating to the killing at issue required the court to grant a change of venue for Johnson's trial.

    The next day, though, the court struck down Florida's death sentencing scheme — in which juries made a recommendation, but the judge was responsible for deciding the sentence. In Hurst v. Florida, Justice Sonia Sotomayor wrote for the court, "The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury’s mere recommendation is not enough."

    Alabama’s death sentencing scheme is similar to Florida’s, though not precisely the same. (The court previously had upheld Alabama's law, but it had done so by relying on two cases out of Florida that were overturned in part by the Hurst decision.) Soon after the Hurst decision, three justices — Sotomayor, Breyer, and Ruth Bader Ginsburg — signaled that they believed Alabama's system was thrown into question by Hurst.

    On Feb. 5, Johnson's lawyers asked the court to consider rehearing his case. "These same Sixth Amendment concerns [at issue in Hurst] require action in Mr. Johnson’s case—a case in which the judge made the findings necessary to impose the death penalty," the lawyers wrote.

    Lawyers for the state opposed the request. They argue that Alabama's scheme is different from Florida's scheme because the law in Alabama "requires a jury to unanimously find the existence of an aggravating circumstance — at either the guilt phase or the sentencing phase — before a defendant can be sentenced to death."

    The court rarely rehears cases ever, let alone cases in which it had denied the request to hear the case in the first place. But the court did so on Monday, despite the state’s opposition, taking the precise actions that were sought by Johnson's lawyers, led by Randall Susskind at the Equal Justice Initiative.

    The court granted the rehearing request, and then granted the certiorari petition, vacated the Alabama court decision below, and sent the case back to the Court of Criminal Appeals of Alabama "for further consideration in light of Hurst v. Florida."

    While the request might not seem like much, it means that a majority of the eight justices on the court — so, at least five — decided that Hurst — itself an 8-1 decision only opposed by Justice Samuel Alito — likely has implications for Alabama's death sentencing scheme.

    This is made all the more significant in light of the court's current slowdown in accepting new cases, an issue detailed by Robert Barnes in The Washington Post on Sunday. The court took no action, for example, on two other death penalty-related petitions under review out of Texas: one case challenges the state's standards for determining intellectual disability, the other challenges the appeals court's standard for review of constitutional challenges to trial procedures in death penalty cases.

    Monday's order in Johnson's case also could signal that other states with similar elements to their sentencing scheme — including Delaware, Montana, and Nebraska — could face additional scrutiny in the federal courts. Delaware's Supreme Court already is reviewing its state's sentencing scheme in light of the January ruling.

    https://www.buzzfeed.com/chrisgeidne...2L#.gjNgNvjZz3

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