June 14, 2024
Calhoun County, AL – Brandon Johnson, a 50-year-old man serving a life sentence without parole for a capital murder conviction, is fighting for his freedom after uncovering evidence that was withheld by the prosecution in his case. Johnson has been incarcerated for nearly three decades, maintaining his innocence throughout. His conviction is now under scrutiny as new evidence has emerged, suggesting a gross violation of his constitutional rights.
In 1995, Johnson was convicted of shooting and killing a 19-year-old man outside a nightclub in Hobson City, Alabama. The prosecution's case hinged on eyewitness testimony, despite conflicting testimonies that identified another man as the shooter. Johnson, who was 21 at the time, has consistently stated that he did not commit the crime.
Central to Johnson’s post-conviction appeal is a forensic report from the Alabama Department of Forensic Science, which was never disclosed to his defense team. Prior to the trial, Johnson's attorney requested access to a gun that may have been in the prosecution's possession for testing. The court denied this motion, with the district attorney claiming they did not have such a gun. However, it has now been revealed that the prosecution did possess Johnson’s gun and had submitted it for forensic testing. The forensic report concluded that Johnson’s gun did not match the bullet that killed the victim.
This suppression of exculpatory evidence constitutes a violation of the landmark Supreme Court ruling in Brady v. Maryland (1963), which requires the prosecution to disclose any evidence favorable to the defendant that is material to guilt or punishment. The withholding of the forensic report deprived Johnson of a fair trial, as this crucial evidence could have significantly impacted the jury's verdict.
Johnson discovered the forensic report in early 2024 after personally requesting all test results from the Alabama Department of Forensic Science. Armed with this new evidence, Johnson has filed a post-conviction motion in the Circuit Court of Calhoun County, Alabama, under case number CC-95-360.01. The motion, which raises an actual innocence claim based on the suppressed forensic evidence, is currently pending before Judge William Turner.
“This is a clear-cut violation of my rights under Brady,” said Johnson. “The suppression of this forensic report denied me the opportunity to present critical evidence of my innocence. I have spent nearly three decades in prison for a crime I did not commit. It is time for the courts to correct this grave injustice.”
Johnson has filed his appeal without an attorney and is hopeful that an attorney will come forward to represent him in his appeal. His case has drawn attention from various legal and civil rights organizations, such as Pathway to Freedom, who argue that his conviction exemplifies systemic issues within the criminal justice system, including wrongful convictions based on unreliable eyewitness testimony and prosecutorial misconduct.
As Johnson awaits the court's decision on his post-conviction appeal, his case serves as a poignant reminder of the importance of due process and the devastating consequences when it is denied. The outcome of this appeal could not only impact Johnson’s future but also reinforce the imperative for transparency and fairness in the legal system.
For further information on Brandon Johnson’s case and his fight for justice, please refer to his post-conviction motion currently pending in the Circuit Court of Calhoun County, Alabama, case number CC-95-360.01.
Brandon Johnson #185532
Donaldson Correctional Facility
100 Warrior Lane
Bessemer, Alabama 35201