Angola 3 News: Humanist Sociologists Vote to Support the Release of Black Panther Activist Albert Woodfox

Friday, January 9, 2015

Humanist Sociologists Vote to Support the Release of Black Panther Activist Albert Woodfox

Featured below is the full text of a public statement just released by the Association for Humanist Sociology. For more information, contact: Kathleen Fitzgerald, AHS President, fitzy88so@gmail.com or Rebecca Hensley, AHS Secretary, luv2lurn@earthlink.net. The AHS website is www.ahssociology.org.

(PHOTO: Albert Woodfox billboard in Louisiana, April 2014)

Humanist Sociologists Vote to Support the Release of Black Panther Activist Albert Woodfox

January 6, 2015

The membership of the Association for Humanist Sociology, an organization dedicated to scholarship and action in the service of justice and peace, has voted to call for the immediate release of the last “Angola 3” prisoner, Albert Woodfox, from the Louisiana Department of Corrections where he has been held in solitary confinement for more than forty-two years for the murder of a prison guard in 1972, a deeply flawed conviction that has now been overturned three times.

No physical evidence linked Woodfox or his co-defendant, Herman Wallace, to the crime. A man claiming to be an eyewitness for the prosecution was released from a life sentence as a serial rapist in exchange for his testimony. And potentially exculpatory DNA evidence was lost under questionable circumstances. Today, the widow of the murdered guard has said that she believes the State failed in its mandate to bring her husband’s true murderer to justice.

In the years just previous to the guard’s murder, Woodfox and Wallace had organized the first prison chapter of the Black Panther Party, working to desegregate Angola State Penitentiary, end systematic rape and violence among the prisoners, stop routine corruption and brutality by the guards, and demand better living conditions in the institution. Even from solitary confinement, Woodfox has continued to win legal suits related to prison conditions and the treatment of prisoners, encourage and empower others, and affect change in the community in which he resides. Nevertheless, States Attorney Buddy Caldwell has called Woodfox “the most dangerous man in the world.” And Angola Warden Burl Cain has stated that until Woodfox disavows his Black Panther principles, he belongs in solitary confinement whether he did anything or not.

Herman Wallace died of cancer a few days after his release on habeus corpus in 2013. After Woodfox’ conviction was overturned by the courts for the third time that same year and the Appellate court upheld the 5th Circuit ruling in November of 2014, the State has continued its ongoing commitment to keep Woodfox incarcerated. Nevertheless, a petition with more than 25,000 signatures from around the world has been delivered to Governor Bobby Jindal, beseeching the State of Louisiana to release Albert Woodfox forthwith and without delay.

The Association for Humanist Sociology stands with Amnesty-International-USA, the National Religious Campaign Against Torture (a coalition of 325 organizations committed to end torture and cruel, inhumane, degrading treatment), Juan Mendez (the United Nations Special Rapporteur on torture), and Rep. John Conyers, in supporting the petition.

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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.