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Friday, 10 July 2015 00:00

An Alabama Death Row Story

Written by GOv. Don Siegelman

Before being sentenced to seven years in federal prison - for something 113 State Attorneys General and the New York Times said was never a crime in America - I had the honor of delivering a eulogy for my dear friend Colonel Stone Johnson. The story of our friendship is worth taking note of, because it ultimately demonstrates how unjust a judicial system can be.

Colonel Johnson was deeply involved in the Civil Rights struggle in Alabama. He fought for equal rights and equal pay for African American workers in Alabama's steel plants. He courageously served as the body guard for Alabama's fiery leader of desegregation, Rev. Fred L. Shuttlesworth.

As Rev. Shuttlesworth stepped up his public pressure on Birmingham’s infamous Police Commissioner, "Bull" Connor, the Klan stepped up their threats to those confronting the system. Fred was a prime target. Death threats were made and attempts were carried out. Rev. Shuttlesworth and Civil Rights attorney Author D. Shores' lives were nothing to bet on. Bombs blasted their homes and churches.

But Fred and Author Shores did not yield an inch. Colonel Johnson was right there with them. Once, protecting Rev. Shuttlesworth and Bethel Baptist Church, he picked up a live bomb with his own hands and carried it across the street from the church. He put the bomb in a ditch where it discharged, without harming anyone.

The United Brotherhood Breakfast

I knew of Colonel Johnson by reputation, but it was in the early 1980's when I started attending the United Brotherhood Breakfast Forum that I met him. The forum was created by old Civil Rights foot soldiers; I immediately felt comfortable in this Sunday, 7:00 AM spiritual and political setting. In those early years I was the only white member. It was at the Forum that I met Mr. Simmie Lavender and Colonel Stone Johnson. Both were Constables and both became dear friends. Both worked in my campaign for Attorney General in 1986. I won the campaign, and I was carrying out my duties as Attorney General when these two old friends came to see me in Montgomery.

The three of us sat at the large conference table, the same place, where on several occasions, I’d met with the head of the Capital Murder Division, whose job was to defend the conviction and fight the legal appeal of any death row inmate.

My feelings about the death penalty were conflicted. I was sworn to uphold the laws of the Alabama, and I had no choice there. But the death penalty weighed heavily on me. When an inmate was on death watch, I would sit until after midnight on a conference call with the warden of Holman prison waiting, hoping, that the U.S. Supreme Court would intervene and we could halt the impending execution

"Please, Don, just look at it, try. He was set up by the Klan."

It was the death sentence case of Johnny Harris that Simmie Lavender and Colonel Johnson had come to Montgomery to discuss with me.

They asked me to get Johnny Harris off death row. However, only the governor has the power of pardon. As Attorney General, I did not have that power. I was thinking: That's never been done, please ask for something I can do. Nonetheless, I listened to their request.

"Please, Don, just look at it, try. He was set up by the Klan." I knew the story: Black man, Johnny Harris, moves into White neighborhood and is charged with three night-time burglaries and the rape of a white woman. This was a big trial and conviction. And my friends want me to somehow prevent Johnny Harris from being executed.

"I can't promise results, but I do promise you I will personally review Mr. Harris's file."
They both thanked me. They left the fate of Johnny Harris with me, knowing I would do all I could to see justice done.

Colonel Johnson and I became close.

When Reverend Shuttlesworth became ill and resided in a nursing home in downtown Birmingham [Colonel Johnson and I] would frequently cross paths as we visited our old friend. I made a point of visiting on Sunday, after our Breakfast Forum.

Mrs. Shuttlesworth would later write President Obama:

"Fred Shuttlesworth loved, trusted, believed in and respected Don Siegelman. . . .

"In the end there were two powerful men who stuck with my husband to the bitter end. They were Don Siegelman and Colonel Stone Johnson. . . .

"My husband and his friend Colonel Johnson bowed to no one. They felt themselves as much a man as any other, all made in the miraculous image of God. But all men have their heroes. Don Siegelman was a hero to both."

At the coffin of Colonel Johnson, I tell the Johnny Harris story.

I eulogized both Simmie Lavender and Reverend Shuttlesworth’s "homecoming." Time passed and other loyal friends crossed over, including the Colonel.

I had never told the story of Johnny Harris, but I was standing over the coffin of my dear friend, Colonel Stone Johnson, and the words just came to me. I told the story of Fred and Simmie coming to me when I was Attorney General and asking that I get Johnny Harris off death row.

I told the congregation of how when I asked to see the case file, I had been told by the head of our Capital Murder Division that all I needed to see was the jury verdict, and how I had insisted on reviewing the entire file.

I told the congregation what I found: Johnny Harris had moved into a neighborhood where several white police lived. One was a police lieutenant who had been linked to the Klan during the investigation of the church bombings. It was that police lieutenant who arrested Johnny Harris. Johnny's court appointed attorney never even checked the file out and never interviewed the alleged rape victim. The lawyer got Johnny to plead to three life sentences to avoid the death penalty. Johnny was sent to Alabama's worst prison, Holman, where he joined in protests against cruelty and inhumane work. The beatings with rubber hoses and whips and the use of cattle prods allegedly got worse when Johnny and other inmates formed a Prisoners Union demanding better treatment. There was a riot. A guard was stabbed to death. The warden pointed the finger at Johnny Harris. Alabama's white state attorney general, running for governor, decided to prosecute Johnny himself. It generated a lot of press for the new "tough on crime" attorney general.

But when I looked at the file, I saw that Johnny Harris's cell was in a separate, segregated part of the prison. It was possible, but highly unlikely, that he could have gotten out of his cell, gone to where the guard was, stabbed him to death, cleaned the blood off, changed, and gotten back in his cell before being discovered. That evidence was withheld from the defense. With that [and other] exculpatory evidence in hand, we were able to legally maneuver to finally get Mr. Harris off death row, something my dear friend Colonel Johnson never forgot.

I concluded by saying, looking down from the pulpit, gesturing toward the open coffin of my friend who had fought against injustice, “If it had not been for this man right here...if Colonel Stone Johnson had not acted, another innocent Black man would have been put to death at the hands of the state."

The service ended. I said my goodbyes to my friend and was walking out of the church when a hand reached out touching the sleeve of my coat. I turned: "Governor, I'm Johnny Harris. Thank you."

The criminal justice system is broken, everybody knows it. It's time to fix it.

 

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Meet the Hosts

Rev. Rodney Sadler

Dr. Sadler's work in the community includes terms as a board member of the N.C. Council of Churches, Siegel Avenue Partners, and Mecklenburg Ministries, and currently he serves on the boards of Union Presbyterian Seminary, Loaves and Fishes, the Hispanic Summer Program, and the Charlotte Chapter of the NAACP. His activism includes work with the Community for Creative Non-Violence in D.C., Durham C.A.N., H.E.L.P. Charlotte, and he has worked organizing clergy with and developing theological resources for the Forward Together/Moral Monday Movement in North Carolina. Rev. Sadler is the managing editor of the African American Devotional Bible, associate editor of the Africana Bible, and the author of Can a Cushite Change His Skin? An Examination of Race, Ethnicity, and Othering in the Hebrew Bible. He has published articles in Interpretation, Ex Audito, Christian Century, the Criswell Theological Review, and the Journal of the Society of Biblical Literature and has essays and entries in True to Our Native Land, the New Interpreter's Dictionary of the Bible, the Westminster Dictionary of Church History, Light against Darkness, and several other publications. Among his research interests are the intersection of race and Scripture, the impact of our images of Jesus for the perpetuation of racial thought in America, the development of African American biblical interpretation in slave narratives, the enactment of justice in society based on biblical imperatives, and the intersection of religion and politics.

Rev. Rodney Sadler

Co - Chair - People Demanding Action
North Carolina Forward Together/Moral Monday Movem
Radio Host: Politics of Faith - Wednesday @ 11 am

People Power with Ernie Powell

Ernie Powell has been involved in public policy, progressive campaigns and grassroots efforts since the mid 1960's. He worked as a boycott organizer with the United Farm Workers from 1968 until 1973. He then became a community organizer in Santa Monica, California involved in affordable housing advocacy while working with others in laying the foundation for one of the most progressive local rent control measures in the country. He organized on behalf of environmental and coastal access and preservation issues in California as well. Beginning in 1993 he served as Advocacy Representative and later as Manager of Advocacy for AARP in California working on national and state issues. He left AARP in 2012 to work as Field Director for the National Committee to Preserve Social Security and Medicare in Washington D.C. In late 2013 he returned to California and started a consulting business. He is a consultant with Social Security Works and is organizing groups nationally to fight for the protection and expansion of Social Security. He also consults with the California Long Term Care Ombudsman Association on issue impacting nursing home reform. He is a frequent author for Zocalo Public Square having just authored a piece on Social Security's 80th Birthday about the early impact of the Townsend Plan in building toward the passage of Social Security. Ernie has hosted two radio shows - the "Grassroots Corner" on "We Act Radio" in Washington D.C.and "the Campaign with Ernie Powell" at Radio Titans in Los Angeles. His focus for over 25 years has been on public policy issues impacting older Americans. He is a nationally recognized expert on grassroots organizing and campaigns. He is 66 years old and resides in Los Angeles, Ca.

Ernie Powell

Radio Host
Social Security Works
Los Angeles

Radio Host - Agitator Radio

Robert Dawkins is the founder of SAFE Coalition, North Carolina located in Charlotte, North Carolina. SAFE Coalition NC is a grassroots community coalition working to build public trust and accountability in NC law enforcement. We believe that critical dialogue, citizen oversight and legislative action are required to design a safe, accountable, fair and equitable system of criminal justice in our state.

Robert Dawkins

Founder
Safe Coalition, North Carolina
Charlotte, North Carolina

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