Angola 3 News: Albert Woodfox's Hour in the 5th: A reportback on Albert's January 7 oral arguments

Wednesday, January 8, 2014

Albert Woodfox's Hour in the 5th: A reportback on Albert's January 7 oral arguments

MEDIA: Lauren McGaughy, Times-Picayune II Daily Journal / Associated Press II UPI

VIEW / DOWNLOAD: A3 info flyer for Jan. 7 II Listen to audio from the oral arguments II Rev. Patricia Bates / NRCAT statement

(PHOTO: A3 supporters at the Court on Jan. 7)

For those who were unable to attend, Albert's oral argument in the 5th Circuit Court of Appeals, defending Judge Brady's decision to overturn his conviction for a third time, is now complete (click here to listen). As expected, the proceedings were brief and rather mystifying. It was clear that most of the judges had already spent a great deal of time reviewing and considering the case, and were just tying up a few arcane legal loose ends.

The State's Attorney General Buddy Caldwell watched carefully as his team urged the Court to reverse Judge Brady’s decision and reinstate Albert's conviction based on their now overruled version of the statistical story, and a misplaced deference to the broad powers given by the AEDPA. As you may recall, the AEDPA is a federal law used as the primary reason for reinstating Albert's conviction in 2010. It allows Federal Courts to defer judgment to previous Louisiana rulings against Albert if those rulings were not "unreasonable" or "contrary to clearly established federal law" – an insidiously squishy standard.

Albert's supporters filled the courtroom completely and his legal team deftly rebutted the State's claims and fielded a handful of questions from the 3-judge panel, which included Judges Jolly and Higginbotham (both Reagan appointees), and Judge Southwick (a George W. Bush appointee). Judge Jolly was tied up in transit so participated only by phone and did not ask any questions of either side.

A decision is expected in coming months. Although it took the 5th Circuit almost a year and a half to rule last time, we are more confident than ever that a swift decision will soon come in Albert’s favor, finally releasing this innocent man from the solitary cell he was unjustly relegated to now nearly 42 long years ago.

The arguments were covered by the AP and in the Times Picayune both before and after. We will update you as soon as we have any additional information.

With hope for freedom.

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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.