Angola 3 News: A3 Newsletter: Albert Woodfox Takes First Steps Towards Retrial in State Court on Sept. 21 in St. Francisville, LA

Tuesday, September 15, 2015

A3 Newsletter: Albert Woodfox Takes First Steps Towards Retrial in State Court on Sept. 21 in St. Francisville, LA

A3 Newsletter: A Third Chance for Justice in State Court - The Critical Importance of Setting the Right Evidentiary and Procedural Scene for a Fair Retrial

Though it is an incredibly unusual, and often confusing situation, the legal reality is that Albert is fighting for permanent, unconditional release concurrently on two separate legal tracks - one in federal and the other in state court. As we all wait to hear whether the Fifth Circuit Court of Appeals will uphold federal Judge Brady's June 8th "unconditional Writ," a third attempt to prosecute Albert in state court for the crime he continues to maintain he's innocent of is already, simultaneously, underway.

Next Monday, September 21st at 9:30am at the Courthouse in St. Francisville, the state court track will take a huge leap forward as Judge Carmichael of West Feliciana Parish's 20th Judicial District Court decides what a new playing field will look like after each side presents what they believe to be the key ingredients needed to ensure a just potential third trial.

Over the summer, Albert's state court legal team (Rob McDuff and Billy Sothern) filed a slate of 16 motions that began this process of defining the evidentiary and procedural ground rules for a potential retrial. In addition to a comprehensive and convincingly argued request for change of venue, the bulk of the filings seek to construct a legal landscape where Albert has at least a chance of being fairly retried--where all of the now impeached, debunked, and discredited testimony, statements, and evidence presented at previous trials is excluded.

Albert's team also asks the court compel the State to allow modern DNA testing of all remaining physical evidence and to compare the potentially exculpatory fingerprints from the crime scene, already proven not to be Albert's, against the prison's own inmate fingerprint archives from the 1970s and the FBI's recently expanded AFIS fingerprint identification system. Though it seems obvious that these simple tests could have long ago helped to identify the real culprit, the Attorney General told NPR as recently as 2008 he didn't see a need. "A fingerprint can come from anywhere," Caldwell explains. "We're not going to be fooled by that."

Most fundamentally though, Albert's legal team argues that the 2015 indictment should itself be quashed and the case dismissed because all the key prosecution witnesses have passed away, as have all the key witnesses for the defense and the leaders of the initial investigation, making it impossible for Albert to exercise his constitutional right to confront and cross-examine them about the many inconsistencies, obfuscations, and procedural missteps later uncovered. His attorneys conclude:

"Albert Woodfox is 68 years old, less than two years away from turning 70. He has been severely punished for the last 43 years for a crime in which none of the physical evidence implicates him and the State's proof is highly questionable. The circumstances of this case are such that he cannot receive a fair trial 43 years after the fact. The motion to quash should be granted and this case should be dismissed."

We will keep you updated as to how these issues play out if you are unable to attend on the 21st and won't stop fighting until justice for our friend is finally realized.

Write Albert:

Albert Woodfox #72148
West Feliciana Parish Detention Center
PO Box 2727
St. Francisville, LA 70775

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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.