Angola 3 News: A3 Newsletter: Albert Woodfox's Overturned Conviction Upheld in Unanimous 5th Circuit Decision

Thursday, November 20, 2014

A3 Newsletter: Albert Woodfox's Overturned Conviction Upheld in Unanimous 5th Circuit Decision

MEDIA COVERAGE: Times Picayune (1, 2, 3, 4) II The Advocate II Democracy Now! (watch part two) II The Guardian II Solitary Watch II Amnesty USA II Amnesty International II Liberation News II Telegraph UK II National Public Radio II ABA Journal II KNOE 8 / AP II Reuters II NY Times: 4 decades of solitary is "barbaric beyond measure"

We are thrilled and honored to announce that just hours ago, the 5th Circuit Court of Appeals upheld Judge Brady's 2013 ruling overturning Albert's conviction for a third time in a 3-0, unanimous decision (view a PDF of the official court ruling here).

Though the courts have finally ruled in the interest of justice, it may still be months or years before this innocent man is released from his solitary cell.

This is THE moment those of us whose lives have been touched by these men and this case over the years have been waiting for. This is the time when we must call upon the whole of our connections, creativity, and courage to call with one voice for the immediate, unequivocal release of Albert Woodfox from prison once and for all without delay.

Even with a unanimous decision in Albert's favor, firmly planted in a mountain of innocence evidence, the State can still tie up his release in a number of appeals and even choose to re-indict and attempt to retry him.

Lest we lose Albert to delayed justice, as we did Herman, we must all come together to demand that this nightmare finally come to an end.

Today the legal team is visiting with Albert to celebrate and strategize next steps, and all of us who are personally and professionally tied up with the Angola 3's story must take a moment to rejoice in this glorious hard won victory.

But tomorrow...well...

Tomorrow we must all do whatever we can to make the final, critical push necessary to finally free Albert Woodfox--and with him the whole of the Angola 3--from prison and from solitary once and for all.

We owe it to Herman, Robert, Albert, and the scores of others who sit wrongfully convicted behind bars, or languish in long term solitary without meaningful review. Justice will not be realized, here or ever, without our most determined and resourceful selves pushing it forward.

We will update you in coming days as things develop. Stand today with Albert, for freedom, and justice will surely follow.

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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.