On a summer night in 1995, a sheriff’s deputy was shot and killed in a hotel parking lot in Birmingham, Alabama. When investigators arrived at the scene, they found no eyewitnesses and almost no evidence pointing to the shooter. 

Detectives ultimately zeroed in on a man named Toforest Johnson, who on that same night was with friends at a nightclub miles away. Johnson was tried twice for the murder and eventually convicted on the testimony of an “earwitness” – a woman who claimed to have overheard Johnson confessing to the crime. He has spent more than 25 years on Alabama’s death row.

In 2019, investigative journalist Beth Shelburne began covering the case, finding details that cast major doubts about Johnson’s guilt. This week, in partnership with Lava for Good and the Earwitness podcast, Shelburne tells us the story of Johnson’s case. 

Click here to hear the full Earwitness podcast.

This episode originally aired in November 2023.