Angola 3 News: Amnesty International delivers A3 petitions but Governor Jindal refuses to meet the delegation

Friday, May 18, 2012

Amnesty International delivers A3 petitions but Governor Jindal refuses to meet the delegation

Photo of the delegation after delivering petitions.

On April 17, Amnesty International was joined by a delegation of supporters, holding a press conference at the Louisiana State Capitol building in Baton Rouge, LA, and hand delivering to Governor Bobby Jindal's office the petition initiated by Amnesty International demanding the immediate release of the Herman Wallace and Albert Woodfox from solitary confinement.

Governor Jindal refused to meet with the delegation despite several attempts made by Amnesty International to contact him in the weeks leading up to the petition delivery.

In a statement released that day, Everette Harvey Thompson, Southern Office Regional Director of Amnesty International USA, argued that "the 40-year isolated incarceration of these two men is scandalous. There is no legitimate penal purpose for keeping these men in solitary - Louisiana authorities must end this inhumanity." The day before, Thompson told Between the Lines: "We've contacted Gov. Jindal's office many times over the past couple of weeks, requesting a meeting to discuss the case of the Angola 3, to inquire about the use of solitary confinement in this case, and there's been no response. Gov. Jindal has the opportunity to stand on the right side of justice and order removal of Albert and Herman from isolation. We really hope he will take heed and make some moves."

Herman and Albert each prepared statements for April 17. Herman reflected: "Exactly 40 years ago today, April 17, we will have been incarcerated for 40 years in solitary confinement in the USA. This is nothing new to Albert and I, nor to hundreds of thousands in US prisons." Commenting on the effects of solitary, Albert said: "To be honest I am not sure what damage has been done to me, but I do know that the feeling of pain allows me to know that I am alive. If I dwelled on the pain I have endured and stopped to think about how 40 years locked in a cage 23 hours a day has affected me, it would give insanity the victory it has sought for 40 years."

That morning Robert King was interviewed live by Democracy Now! and many others have reported on the 40 year anniversary, including BBC, The Guardian UK, Mother Jones, and KPFA's Africa Today (1,2). Following the event, King writes that "standing on the State Capitol steps on Tuesday 17 April, I felt the power of the people, of 65,000 people and more - all those who have supported the Angola 3 over the years were also with us. We could not be ignored - the media were there and wanted to report on this, organizations stood by our side in support. Amnesty's presence was felt. For me the day was bitter sweet, bitter with a deep sadness that we were marking this day but sweet seeing the years of efforts and struggle culminating in this day. The tide is changing and the time for change is now. We have the wind at our back and we need to keep on moving."

We want to thank everyone who has supported this campaign! Among the powerful lineup of A3 supporters at the petition delivery and press conference were Alfreda Bester-Tillman, Esq. from the Baton Rouge Chapter of the NAACP, Pastor Kathleen Bacon from the Slidell Chapter of the National Action Network, US Representative Cedric Richmond and State Representative Patricia Haynes-Smith, Chair of the Louisiana Legislative Black Caucus.

Please stay tuned for our next action! Join our new Facebook page for all the latest news.

View more photos from the State Capitol and read the full statements by Robert King, Herman Wallace, and Albert Woodfox here.

Professor Angela A. Allen-Bell speaks at the State Capitol press conference on April 17.

Law professor Angela A. Allen-Bell, based out of Baton Rouge, Louisiana, spoke at the April 17 press conference and was part of the delegation that delivered the petition. She has also written an article about the Angola 3, to be published in the upcoming Spring issue of the Hastings Constitutional Law Quarterly. Bell's article is entitled "Perception Profiling & Prolonged Solitary Confinement Viewed Through the Lens of the Angola 3 Case: When Prison Officials Become Judges, Judges Become Visually Challenged and Justice Become Legally Blind."

David A. Newton, the Editor in Chief of the Constitutional Law Quarterly recently spoke (watch video) about Professor Bell's article at our April 6 event "The Outer Limits of Solitary Confinement." He announced that when published early this summer, it will be available online. Once published, Professor Bell can also be contacted for a copy via email: ABell@sulc.edu.

Recently interviewed by KPFA's Africa Today show, she argued that the treatment of the Angola 3 is a violation of both federal and international law. Among the many types of violations she described is under the US Constitution's 14th Amendment's due process clause. She explains that "in the case of a person subjected to prolonged isolation, the due process clause affords them a hearing on a periodic basis and in Louisiana that's every 90 days." Furthermore,"there has to be some legitimate penoligical reason to keep that inmate in isolation. What is happening in these hearings, not just with the Angola 3, but also universally across the country is institutions are treating them as formalities" where "the hearing lacks any substance. The inmate really doesn't have a meaningful voice in this, and the prison of course doesn't have to really meet any burden of proof," and "articulate what a legitimate penological reason is. They only have to say 'we have some evidence, we have some reason for doing this' and courts have deemed that acceptable."

"It amounts to nothing more than procedural automation in a legal assembly line where unfavorable reviews are mass-produced." This "completely undermines the due process clause because due process means" being "genuinely in search of a fair resolution," argued Bell.

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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.