Angola 3 News: Angola Three: 40 Years of Solitary, 40 Years of Cruel and Unusual Punishment (Statement to Senate Judiciary Committee)

Sunday, June 17, 2012

Angola Three: 40 Years of Solitary, 40 Years of Cruel and Unusual Punishment (Statement to Senate Judiciary Committee)

A3 supporters at the Louisiana State Capitol in Baton Rouge, April 17, 2012, exactly 40 years after Herman Wallace and Albert Woodfox were put in solitary confinement at Angola State Prison.

(Note: below is the statement by the Angola 3, submitted to the US Senate Judiciary Committee for their hearing on June 19, 2012 entitled, “Reassessing Solitary Confinement: The Human Rights, Fiscal and Public Safety Consequences." In April 2011, Congressmen Bobby Scott, John Conyers, and Cedric Richmond all hosted a Congressional Briefing on “The Abuses of Solitary Confinement in the U.S. Criminal Justice System” that included a screening of "In The Land of the Free," a full length feature documentary film about the A3 civil and criminal cases narrated by Samuel L. Jackson.)

Dear Chairman Durbin and Ranking Member Graham:

My name is Robert Hillary King. I spent 29 years in solitary before I was freed in 2001 after proving my innocence. Since then I have worked tirelessly speaking and traveling around the world to raise awareness about prison conditions in the US, and to bring attention to the remaining two members of the Angola 3—Herman Wallace and Albert Woodfox—who are still actively fighting to prove their innocence in federal court. Both remain behind solitary bars in Louisiana today after 40 years.

Many people ask me to describe my nearly 3 decades in solitary. Here is an excerpt from my autobiography where I attempted to put these experiences into words:

“Solitary confinement is terrifying, especially if you are innocent of the charges that put you there. It evokes a lot of emotion. It was a nightmare. My soul still cries from all I witnessed and endured. It mourns continuously. Through the course of my confinement I saw men so desperate that they ripped prison doors apart and both starved and mutilated themselves. It takes every scrap of humanity to stay focused and sane in that environment. The pain and suffering are everywhere, constantly with you. There's no describing the day to day assault on your body and your mind and the feelings of hopelessness and despair."

Over a decade ago Herman, Albert and I filed a landmark civil lawsuit challenging the inhumane and increasingly pervasive practice of long-term solitary confinement. Magistrate Judge Dalby describes our almost four decades of solitary as “durations so far beyond the pale” she could not find “anything even remotely comparable in the annals of American jurisprudence.” The case, expected to go to trial by 2013, will detail unconstitutionally cruel and unusual treatment and systematic due process violations at the hands of Louisiana officials.

To mark the 40th anniversary of Herman and Albert’s original placement in solitary, this April Amnesty International delivered a petition with 67,000 signatures from 125 countries to the Governor of Louisiana demanding that Herman Wallace and Albert Woodfox be removed from long term isolation, stating:

“Prison records show that neither man has committed any serious disciplinary infraction for decades. Prison mental health records indicate that the men pose no threat to themselves or to others.

Woodfox and Wallace are confined to their 6.5 by 9 feet cells for 23 hours a day and allowed out only to exercise alone in a small outdoor cage, or to shower or walk along the cell unit corridor.

They have also been denied any meaningful review of the reasons for their isolation. The only reason given for maintaining the men under these conditions has been due to the "nature of the original reason for lockdown.

Amnesty International is firm in its belief that conditions for the men in CCR – 23 hour cellular confinement in stark, tiny cells; limited access to books, newspapers and TV; no opportunities for mental stimulation, work and education; occasional visits from friends and family and limited telephone calls - amounts to cruel, inhuman and degrading treatment.”

They go on to detail the human rights violations involved in such extreme confinement:

“In a recent report, the UN Special Rapporteur on Torture condemned prolonged isolation as amounting to torture or inhuman and degrading treatment. He refers to the case of Albert Woodfox and Herman Wallace in his report.

The USA has an obligation under international standards to ensure that all prisoners, regardless of their background, are treated humanely and that any security measures that may be necessary conform to this requirement. The prolonged and indefinite isolation of Albert Woodfox and Herman Wallace without meaningful review runs directly counter to this obligation.

The USA has ratified the International Covenant on Civil and Political Rights, and the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, both of which prohibit torture or other ill-treatment. The relevant treaty monitoring bodies (the Human Rights Committee and the Committee Against Torture) have found that prolonged solitary confinement an amount to torture or other cruel, inhuman or degrading treatment. Both bodies have expressed concern that the harsh conditions of long-term isolation in some US segregation facilities are incompatible with the USA’s treaty obligations.

Amnesty International believes their findings are particularly significant in the case of Albert Woodfox and Herman Wallace given that few, if any, other prisoners have spent so long in solitary confinement in recent times.

Their treatment also contravenes the UN Standard Minimum Rules for the Treatment of Prisoners. These and other relevant standards emphasize the importance of providing work and educational, recreational, religious and cultural activities for prisoners’ mental and physical wellbeing, as well as to prepare individuals for reintegration into society.”

We respectfully submit this statement with the hopes that you can use your legislative powers to put an end to long term solitary confinement. Without uniform standards of the infractions serious enough to merit placement, a meaningful review process with outside oversight and a grievance process, opportunities for socialization and education, and a clear written timeline and detailed action plan for the inmate’s release, this form of punishment serves no punitive or reformative purpose. In our view is the very definition of cruel and unusual punishment protected against by our founding fathers.

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 are grateful for your efforts to do just that today.

Sincerely,

“The Angola 3” - Robert King, Herman Wallace, and Albert Woodfox

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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.