Angola 3 News: October 2011

Saturday, October 29, 2011

Bonding With Herman Wallace Inside a Louisiana Dungeon

Bonding With Herman Wallace Inside a Louisiana Dungeon

By Ashley Wennerstrom

I first wrote to Herman Wallace and Albert Woodfox after seeing In the Land of the Free last spring and learning of the horrendous injustices the Angola 3 have suffered. I felt compelled to offer my support and admiration for their commitment to social justice. Within just a few days, I received a response from Herman (Albert wrote me a beautiful letter the following week) and we began to exchange letters on a weekly basis. After several months of sparring about political philosophy, discussing literature, and discovering unexpected similarities, I was delighted when Herman asked me to join him for a special visit.

Two days before our scheduled visit, I received a letter from Herman explaining that he had not yet been notified of whether our visit was approved. I had to call the prison the morning I hoped to see him to learn that permission had indeed been granted. Upon my arrival at Elayn Hunt Correctional Center, staff informed me I was not on Mr. Wallace’s visiting list and would not be allowed to enter. I persisted, and staff eventually located my name on their list of approved special visitors. I was instructed to pass through a metal detector and was given a full body pat down before boarding the bus to the maximum security prison.

"We Called Ourselves the Children of Malcolm" --An interview with Billy X Jennings of It's About Time BPP

"We Called Ourselves the Children of Malcolm"
--An interview with Billy X Jennings of It's About Time BPP

Video by Angola 3 News

This year marks the 45th year since the Black Panther Party was co-founded by Huey P. Newton and Bobby Seale in Oakland. It's About Time BPP is organizing events in the SF Bay Area throughout the month, with the biggest events Oct. 21-23. Read the full schedule below (click on the graphic to enlarge it) and link to the main event website here).

Featured above is a new video-interview with Billy X Jennings by Angola 3 News, entitled "We Called Ourselves the Children of Malcolm," featuring archival photos and more graphics from www.itsabouttimebpp.com, including the photo exhibit "Women of the Black Panther Party and Beyond." Link to the full screen, high quality version of the video here.

15 Years of Giving Voice to Women and Transgender Prisoners --An interview with the California Coalition for Women Prisoners

15 Years of Giving Voice to Women and Transgender Prisoners in California
--An interview with Diana Block, Pam Fadem, and Deirdre Wilson of the California Coalition for Women Prisoners

By Angola 3 News

On Sept. 26, the statewide prisoner hunger strike resumed after a postponement of almost two months to give the California Department of Corrections and Rehabilitation (CDCR) time to implement policy changes. The CDCR has reported that as of Sept. 28, almost 12,000 prisoners were striking and public support is needed in order for the strike to be most effective. An update posted October 7 at the “Prisoner Hunger Strike Solidarity” website stated that “medical conditions are also worsening for strikers throughout the state. We’ve received reports that after 12 days of no food, prisoners are once again losing severe weight and fainting. One hunger striker at Pelican Bay was denied his medication and consequently suffered from a heart attack and is now is an outside hospital in Oregon.”

The current hunger strike demonstrates once again that injustice fuels resistance, and California has a rich history of prisoners, former prisoners, and their supporters taking a stand. Among these freedom fighters is the California Coalition for Women Prisoners (CCWP), self-publishers of a newsletter entitled The Fire Inside (archived here). CCWP will be celebrating its 15th year anniversary on October 14, with an event in San Francisco featuring longtime anti-prison activist and former political prisoner Angela Davis along with other speakers and performers.

Angola 3 Basics

(Download a flyer version of this fact sheet here.)

In 1972, deep in rural Louisiana, three young black men were silenced for trying to expose continued segregation, systematic corruption, and horrific abuse in the biggest prison in the US, an 18,000 acre former slave plantation called Angola.

Peaceful, non-violent protest in the form of hunger and work strikes organized by inmates caught the attention of Louisiana’s elected leaders and local media in the early 1970s. They soon called for investigations into a host of unconstitutional and extraordinarily inhumane practices commonplace in what was then the “bloodiest prison in the South.” Eager to put an end to outside scrutiny, prison officials began punishing inmates they saw as troublemakers.

At the height of this unprecedented institutional chaos, Herman Wallace, Albert Woodfox, and Robert King were charged with murders they did not commit and thrown into 6x9 foot solitary cells where they remained for decades.

Their struggle for justice continued until Robert was released in 2001, Herman in 2013, and Albert in 2016.

Despite a number of reforms achieved in the mid-70s, many officials repeatedly ignored both evidence of misconduct, and of innocence.

The State’s case was riddled with inconsistencies, obfuscations, and missteps. A bloody print at the murder scene did not match Herman, Albert or anyone charged with the crime and was never compared with the limited number of other prisoners who had access to the dormitory on the day of the murder. In 2008, NPR asked Louisiana Attorney General Buddy Caldwell why the state refused to test the print. "A fingerprint can come from anywhere," Caldwell explained. "We're not going to be fooled by that."

Potentially exculpatory DNA evidence was “lost” by prison officials—including fingernail scrapings from the victim and barely visible “specks” of blood on clothing alleged to have been worn by Albert.

Both Herman and Albert had multiple alibi witnesses with nothing to gain who testified they were far away from the scene when the murder occurred.

In contrast, several State witnesses lied under oath about rewards for their testimony. The prosecution’s star witness Hezekiah Brown told the jury: “Nobody promised me nothing.” But new evidence showed Hezekiah, a convicted serial rapist serving life, agreed to testify only in exchange for a pardon, a weekly carton of cigarettes, TV, birthday cakes, and other luxuries.

“Hezekiah was one you could put words in his mouth,” the Warden reminisced chillingly in an interview about the case years later.

Notably, Teenie Rogers, the widow of the victim, prison guard Brent Miller, after reviewing the evidence believed Herman and Albert’s trials were unfair, expressed grave doubts about their guilt, and called upon officials to find the real killer. "“Each time I look at the evidence in this case, I remember there is no proof that the men charged with Brent’s death are the ones who actually killed him. It’s easy to get caught up in vengeance and anger, but when I look at the facts, they just do not add up,” said Rogers in 2013.

Herman’s conviction was finally overturned in October 2013 by a Federal Judge. Although his trial was riddled with evidence of prosecutorial misconduct and other constitutional violations, it was the systematic exclusion of women from his jury in violation of the 14th Amendment that freed him. Unfortunately he was released in the late stages of advanced liver cancer and only experienced 3 days of freedom. Sadly for Herman, justice delayed was justice denied.

Albert’s conviction was overturned three times by judges citing racial discrimination, prosecutorial misconduct, inadequate defense, and suppression of exculpatory evidence. While the case worked its way through endless appeals, Louisiana officials refused to release Albert from solitary, even when no longer convicted of the crime, because “there’s been no rehabilitation” from “practicing Black Pantherism.”4

In June 2015, a Federal Judge courageously ordered Albert's immediate release and barred a retrial stressing the “Court's lack of confidence in the State to provide a fair third trial." This extraordinary remedy was also frozen pending yet another series of appeals.

Finally, Albert was released in February of 2016, 43 years and 10 months after first being put in isolation for a crime he didn’t commit.

Louisiana today has the highest incarceration rate in the US—thus the highest in the world.

Three-fourths of the 5,000+ prisoners at Angola are African American. And due to some of the harshest sentencing practices in the nation, 97% will die there.

Reminiscent of a bygone era, inmates still harvest cotton, corn and wheat for 4 to 20 cents an hour under the watchful eye of armed guards on horseback.

We believe that only by openly examining the failures and inequities of the criminal justice system in America can we restore integrity to that system.

We must not wait.

We can make a difference.

As the A3 did years before, now is the time to challenge injustice and demand that the innocent and wrongfully incarcerated be freed.

Cruel and Unusual Punishment

In 2000, Herman, Albert and Robert filed a civil lawsuit challenging the inhumane and increasingly pervasive practice of long-term solitary confinement. Magistrate Judge Dalby described their decades of isolation as “so far beyond the pale” she could not find “anything even remotely comparable in the annals of American jurisprudence.” Over the course of 16 years, this seminal case detailed unconstitutionally cruel and unusual treatment and systematic due process violations at the hands of Louisiana officials and inspired worldwide action to end long term solitary.