Introducing This Week Injustice

A weekly list of criminal justice news from Alabama

Hello and happy new year!

Welcome to the inaugural publication of This Week Injustice, a carefully curated list of stories covering Alabama criminal justice and punishment. I decided to offer this as a service to my subscribers, because there’s so much happening in prisons and jails, courts, pardons & paroles and the entire punishment bureaucracy, who could possibly keep up with it all?

Now you’ll receive a weekly email on Sunday mornings with a roundup of everything you need to know or might have missed.

You can expect to see news about the Alabama Department of Corrections, the Department of Justice lawsuit, the parole system, courts, criminal sentencing, jails, policing, executions and the death penalty, and anything else related to these issues.

The legislative session starts next month. My hope is this weekly collection serves as a thorough primer for Alabama residents to stay informed on these issues, as well as anyone beyond our borders who cares about justice and injustice.

I also plan to always include a photo of Alabama’s beauty. It’s important to remind ourselves that there is also beauty & wonder in this complicated place.

WEEK OF JANUARY 1, 2024

ADOC  

Brandon Dotson’s missing heart was the focus of a 3-hour hearing in federal court this week. The hearing failed to produce an answer about where the heart is, despite testimony from ADOC’s commissioner and Ventress prison’s warden. Dotson’s family sued after he died at Ventress and his body was returned, missing a heart. “The display of indifference or incompetence on behalf of the State of Alabama is notable," said Dotson’s attorney Lauren Faraino after the hearing. 

Adam Bond died mysteriously at St. Clair Correctional this week after expressing fear that he was in danger. His family then filed suit and requested a temporary restraining order to block a state autopsy over concerns about truthfulness. Bond’s mother and aunt spoke last month at a prison oversight meeting and described a horrific beating Adam endured at Donaldson prison and the lack of information they were given by ADOC. 

ADOC’s lack of transparency was covered by incarcerated writer Richard Fox who published an op-ed about the lack of information ADOC gave his family when Fox was hospitalized after sustaining an injury in prison. Fox argues simple policy changes to extend common decency toward families of incarcerated people could make a big difference. 

ADOC staffing is still abysmal. The agency reports in its FY 2023 annual report that attrition is outpacing new hires. ADOC’s total security staffing in September of 2023 was 1763, reflecting a loss of 47 filled positions, compared to 1810 in September of 2022. ADOC held a hiring fair at Limestone prison this week, where the agency’s director of recruitment gave a meandering, nonsensical answer when asked about horrific prison conditions. 

DEATH PENALTY

Toforest Johnson’s innocence was amplified by Kim Kardashian. The celebrity posted a four-part story about his case on her instagram account, calling attention to the 8-part investigative podcast called Earwitness (shameless plug!) produced by yours truly. I also recently wrote about why everyone in Alabama should listen to the podcast. 

Kenneth Smith is challenging his upcoming execution on grounds that allowing the state to try to kill him a second time, after failing in November, amounts to cruel and unusual punishment. The United Nations expressed alarm over the untested execution method of nitrogen hypoxia, which the state plans to use to kill Kenneth. His execution is scheduled for January 25. 

Kenneth Smith was sentenced by a judge who overrode a jury’s recommendation of a life in prison sentence. Rep. Chris England plans to introduce a bill addressing retroactivity on death row, which could give relief to 30 people sentenced to die due to judicial override. 

PARDONS & PAROLES

Rep. England also plans to address parole reform. He’s behind another criminal justice reform bill, HB 30, that would create a counsel to develop standards for Alabama’s pardon and parole board, including a risk and needs assessment. The parole board would be required to adhere to these guidelines. The bill would also give people in prison a way to appeal the board’s decision, something they currently don’t have. 

POLICING

Tristian Clark, killed by Tuscaloosa police in a fatal traffic stop last month, was laid to rest Saturday. “We’re going to get to the truth,” vows the lawyer representing his family. 

A former Decatur police officer was charged with murder in Stephen Perkins’s death. Perkins was killed by police in his own front yard in September. The charge comes after months of protests over the killing. Meanwhile, victims of police violence, including Perkins’ family, gathered for a Saturday event in Decatur. 

Montgomery County charges a 14-year old boy with capital murder. The child is too young for police to release his name or for media to show his face, but prosecutors decided to charge him as an adult in the shooting death of 17-year old Timothy “TJ” Crawford, Jr. The 14-year old is being held at the Montgomery youth detention center without bond. 

Mobile police have decided to limit perp walks, the practice of parading suspects (who are presumed innocent) in front of cameras. Noteworthy that the reasoning is focused on the tourism impact and not the humanity of the accused. 

Meanwhile, what is going on inside the Mobile jail? Six people have died in six months. 

A new law goes into effect that requires Alabama law enforcement to undergo sensory training. 

WHAT TO WATCH THIS WEEK

A former ADOC officer is among three Republican candidates vying for Alabama senate district 9 seat in a primary on Tuesday. 

The Alabama Medical Cannabis Commission’s first 2024 meeting is scheduled for Thursday January 11 at 1pm. This week a judge issued a temporary restraining order, stopping the commission from issuing licenses, which was supposed to start January 9th.