Angola 3 News: Amnesty International Launches New Online Campaign for Albert Woodfox --Please Take Action

Monday, March 11, 2013

Amnesty International Launches New Online Campaign for Albert Woodfox --Please Take Action

Please take action here!

Today Amnesty International launched an online campaign asking Louisiana Attorney General James Caldwell to not appeal the District Court's ruling to either release or retry Albert Woodfox, declaring: "After decades of injustice, let the Angola 3 ruling stand!"

Please support Albert by taking action, forwarding it to your email list and asking your networks to spread the word. Now is a critical time in the fight for Albert's freedom. We want Caldwell's office to be inundated with emails so he hears it loud and clear that the cycle of injustice and cruelty must end.

Introducing their online action campaign, Amnesty writes:

Albert Woodfox has spent nearly 41 years in solitary confinement in conditions that are cruel, inhuman and degrading. In 1972, he and two others were convicted of murdering a guard at Angola prison. The "Angola 3" were sentenced to life imprisonment - although no physical evidence linked them to the crime and serious legal flaws came to light.

Albert Woodfox's conviction has been overturned several times, but Louisiana Attorney General Caldwell has dogmatically appealed every ruling in Woodfox's favor. On February 26, a federal district court ruled again to overturn the conviction. Call on Attorney General Caldwell not to appeal the ruling so that Woodfox can be retried or released.

Below is the full text of the email to AG Caldwell:

On February 26, Albert Woodfox's conviction for the 1972 murder of a prison guard was overturned once again, this time on the basis of racial discrimination in the selection of the grand jury foreperson. I know that you have already indicated that you intend to appeal the ruling, but I write to you today with one simple request - make history. Let the federal district court's ruling stand.

The court's ruling lends weight to widespread concerns that there have been significant flaws in the legal processes that have kept both Albert Woodfox and Herman Wallace behind bars. These flaws include inadequate legal counsel, prosecutorial misconduct, lack of physical evidence, potentially exculpatory evidence lost by the State, evidence that the key eyewitness testimony was paid for in bribes by the State, other eyewitnesses retracting their testimony, and now racial discrimination. To appeal this latest ruling would compound injustice and delay the legal process by years, as the U.S. Fifth Circuit Court of Appeals would have to rule before justice could be served.

I am also deeply concerned that, since his conviction, Albert Woodfox has been held in conditions that can only be described as cruel, inhuman and degrading. He has been denied access to work, group activities and rehabilitation programs. The negative physical and psychological effects of these conditions have taken a heavy toll on the 66 year old.

The State should move to either retry Albert Woodfox, or to release him. To delay the legal process by appealing this ruling would be both cruel and unnecessary. Please break the cycle of injustice and cruelty. Let the ruling stand.

(Featured below is the full text of Amnesty's earlier statement, released the day of Albert Woodfox's ruling.)

AMNESTY INTERNATIONAL USA
PRESS RELEASE

27 February 2013

State of Louisiana Must Not Appeal Federal Ruling Overturning Conviction in Angola 3 Case

Contact: Suzanne Trimel, strimel@aiusa.org, 212-633-4150, @AIUSAmedia

(BATON ROUGE) – Amnesty International called on Louisiana Attorney General James Caldwell today not to appeal a federal court ruling overturning the conviction of Albert Woodfox of the ‘Angola 3’ for the second-degree murder of a prison guard in 1972. Amnesty International has raised serious human rights concerns over the case for many years.

In a ruling on Tuesday, Judge James Brady of the U.S. District Court for the Middle District of Louisiana found that racial discrimination lay behind the under-representation of African- Americans selected to serve as grand jury forepersons in the jurisdiction in which Woodfox, 66, who is African-American, was retried after his original conviction was overturned in 1992.

Judge Brady found that the state had failed to meet its burden “to dispel the inference of intentional discrimination” indicated by the statistical evidence covering a 13-year period from 1980 to 1993 presented by Albert Woodfox’s lawyers. The state, Judge Brady found, had failed to show “racially neutral” reasons to explain the under- representation of African-Americans selected as grand jury foreperson during this period.

Woodfox was convicted in 1973 along with a second prisoner, Herman Wallace, of the murder of Brent Miller. This conviction was overturned in 1992, but Woodfox was re-indicted by grand jury in 1993 and convicted again at a 1998 trial, and sentenced to life imprisonment in 1999. In 2008, a U.S. District Court ruled that Woodfox had been denied his right to adequate assistance of counsel during the 1998 trial and should either be retried or set free. The court also found that evidence presented by Woodfox’s lawyers of discrimination in the selection of the grand jury foreperson warranted a federal evidentiary hearing. While the State appealed the District court for a retrial – and won – yesterday’s ruling from the evidentiary hearing, once again sees the conviction overturned.

Amnesty International has repeatedly expressed concern that many legal aspects of this case are troubling: no physical evidence links Woodfox and Wallace to the murder, potentially exculpatory DNA evidence was lost by the state, and their conviction was based on questionable testimony – much of which subsequently retracted by witnesses. In recent years, evidence has emerged that the main eyewitness was bribed by prison officials into giving statements against the men. Both men have robustly denied over the years any involvement in the murder.

Woodfox has been held since his conviction over 40 years ago in solitary confinement. The extremely harsh conditions he has endured, including being confined for 23 hours a day, inadequate access to exercise, social interaction and no access to work, education, or rehabilitation have had physical and psychological consequences. Throughout his incarceration, Woodfox has been denied any meaningful review of the reasons for being kept in isolation; and records indicate that he hasn’t committed any disciplinary infractions for decades, nor, according to prison mental health records, is he a threat to himself or others. Amnesty International has repeatedly called on the authorities that both he and Wallace be removed from such conditions which the organization believes can only be described as cruel, inhuman and degrading.

"The fact that Woodfox’s conviction has been overturned again gives weight to Amnesty International's longstanding concerns that the original legal process was flawed," said Tessa Murphy, an Amnesty researcher.

Amnesty International is a Nobel Peace Prize-winning grassroots activist organization with more than 3 million supporters, activists, and volunteers in more than 150 countries campaigning for human rights worldwide. The organization investigates and exposes abuses, educates and mobilizes the public, and works to protect people wherever justice, freedom, truth, and dignity are denied.

(PHOTO: Albert Woodfox, right, with Herman Wallace, left)

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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.