Angola 3 News: New Orleans

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Tuesday, February 19, 2019

A3 Newsletter: So Much to Celebrate

(PHOTO: Guests of King and Kenyatta's home-warming last month. From left to right, General Rico, Deidre, Donna, Robert, Angela, Albert, Gwendolyn and Malik.)

A3 Newsletter: So Much to Celebrate

Happy Anniversary!

At long, long, long last...

From 1998 to 2016, we sent a newsletter annually commemorating another year that King, Herman and Albert remained in prison. It is such a great joy to be able to commemorate their freedom.

Today is the anniversary of Albert's 2016 release (shown in the photo above as he drove away from the prison gates). This is Albert's third year out here in the so called free world...the third year he can see the sky, go where he wants to go and do what he wants to do. After 44 years it seems like a miracle every time we talk on the phone or we book another trip to Europe or elsewhere for him to give a presentation. We're so excited to share the news of Albert's long awaited book, Solitary, which will be released on March 5 by Grove Atlantic Press. The book tour schedule is featured below and you can visit the Grove Atlantic website for more information.

The top of the publisher's website features links to several different booksellers from whom you can purchase Albert's book, including Indie Bound, Amazon, and Barnes & Noble.

This month also marked the 18th anniversary of Robert King's Feb. 8, 2001 release from Angola (shown in the photo above). True to his word when he was released, King has been free of Angola, but Angola and all prisons will never be free of his critical efforts. King and his partner Kenyatta presided over a rousing home-warming last month. See the photo at the top of the page!

To cap all this off, Malik Rahim's special awards evening occurred last month as well and we're happy to share some of the accolades and images from this memorable event that honored one of the founders of the Angola 3 effort.

--For more on the three year anniversary of Albert's release, visit the compilation of news articles from three years ago today, as well as the many interviews with Albert in the days that followed. If you have not yet done so, also be sure to watch our interview with Albert conducted in May, 2016, just a few months after his release.

A3 Newsletter: Solitary Under Attack as 2016 Begins

(PHOTO: Tabling at the Amnesty Art for Rights event in New Orleans, December 2015)

We want to send thanks from Albert and Robert to Amnesty activists for December's Write for Rights campaign. Albert enjoyed receiving the thousands of letters and postcards which were delivered to him in sacks! We kept him up to date with photos of the country activities including his "cut out" in front of London's landmarks, the first screening of the documentary Cruel and Unusual in the Louvre Paris and the art event in New Orleans.

On the legal front, Albert's legal teams have filed their appeal of the overturning of Judge Brady's unconditional Writ with the U.S. Supreme Court. They continue to prepare for Albert's retrial, though no date has been set. The civil trial is still scheduled to begin June 27th of this year.

In St. Francisville, still behind solitary walls, Albert awaits the status of a slate of appeals of rulings pending in Louisiana's 1st Circuit Court of Appeal from September that began to set up the legal and procedural landscape for the retrial.

Unfortunately, the first of these decisions came a few days ago and served to overturn Judge Carmichael's decision requiring Albert's retrial jury to be unanimous. Despite the fact that he was afforded a unanimous jury in both of his first two trials, only 10 of 12 jurors will be required to convict or acquit him in the third. Louisiana is one of only two states that allow non-unanimous juries to hand down life sentences. Many think eventually the law will be declared unconstitutional, but not in time for Albert. His legal team is appealing this decision to the Louisiana Supreme Court.

Photos and Reportback from Dec. 12 Amnesty USA Art for Rights event in New Orleans for Albert Woodfox and other political prisoners

Read the Amnesty USA press release here.

Read a report from the day by the Times-Picayune here.

The following six photos, including the first two of Usher, were taken by Patrick Melon.

A3 Newsletter: From the Louvre to Louisiana

While the National and International community rally to the support of Albert Woodfox, time seems to have stood still in Louisiana where the long struggle to achieve freedom for Albert Woodfox after four decades in solitary confinement for a crime he did not commit drags on nearly three years after a federal judge once again overturned Albert's conviction.

In France, the newly released " Cruel and Unusual" updates "In the Land of the Free" and digs more deeply into the arcane mode of punishment that reaches new levels of abuse in the United States- decades of solitary confinement and the results there of.

Meanwhile, Amnesty chapters both nationally and internationally urge their members to Write for the Rights of political prisoners with a special focus on twelve prisoners world-wide, including Albert Woodfox. There will be kick off events globally and Robert King will be urging letter writers on via Skyped interviews with student sections in Holland and the U.S.

As the year draws to a close, a year we were certain we would see Albert released- we pray for many things- world peace, homes for the dispossessed everywhere and freedom from fear, racism and hatred at home and abroad and finally, finally, finally.... freedom for Albert Woodfox and the too many political and economic prisoners held in gulags around the country.

Amnesty Intl. USA's "Write for Rights" campaign focuses on Albert Woodfox, calling for his immediate release

(Amnesty International artwork)

Today, in conjunction with the "Write for Rights" campaign, Amnesty International USA issued an email action alert focusing on Albert Woodfox, where Amnesty reiterated the organization's call for Albert's immediate release.

Along with urging supporters to add their name to Amnesty's online petition to Louisiana Attorney General James Caldwell, Amnesty is also asking people to write letters to both AG Caldwell and to Albert, with a sample letter and other information available here.

On November 7, a protest march in support of Albert was held in London, England. The following week, following the US Fifth Circuit Court's ruling that Albert can face a third trial, both Amnesty USA and UK issued responses.

Featured below and reprinted in full, is today's email alert sent out by Amnesty USA Senior Campaigner Jasmine Heiss:

There is no other way to describe what's happening to Albert Woodfox - he is trapped in a nightmare.

A3 Newsletter: Court Rules Albert Woodfox Can Be Retried a Third Time

MEDIA COVERAGE: Esquire: "The Absurdity of Retrial" II Washington Post II NY Times II The Independent (UK) II The Guardian (UK) II Amnesty Intl. UK II Amnesty Intl. USA II The Advocate II teleSUR English II Boston Globe / AP II VICE II Mother Jones II Brennan Center: Will Justice Kennedy Save Albert Woodfox?

PHOTO: A 'cardboard cutout' of Albert Woodfox is displayed in downtown London, England during a November 7 protest march organized by Amnesty International UK. If you have not yet done so, please take action by joining Amnesty's call to "Free Albert Woodfox!"

US 5th Circuit Court Reverses Judge Brady in Bitterly Divided 2-1 Decision

Like Albert, many of you probably awoke to the news that yesterday evening a bitterly divided panel of the 5th Circuit Court of Appeals reversed Judge Brady's June 8th unconditional Writ ordering his release and barring a retrial.

Albert's conviction will remain overturned, but there is no longer any doubt that he will be retried a third time by the State of Louisiana, only miles from the solitary cell where he's spent the bulk of his life.

In a stunning dissent, printed in its entirety below, Judge James Dennis passionately argued against the majority for Albert's freedom--sharing both Judge Brady's view of the exceptional injustice represented by this case and his "lack of confidence in the State to provide a fair third trial."

Reportback on Albert Woodfox's Hearing Today in Louisiana State Court, w/ Amnesty International USA Statement

MEDIA COVERAGE: NOLA Times-Picayune Sept. 21 and Sept. 22 (also before the hearing) II ABA Journal II Common Dreams II KSL / AP II ABC / AP II Truthout on Herman's House

A3 Newsletter: Judge Rules for DNA Testing and Fingerprint Analysis but Against the Change of Venue and Dismissing the Case

This morning in St. Francisville Judge Carmichael of West Feliciana Parish's 20th Judicial District Court made the first determinations about what the legal landscape will look like if Judge Brady's "unconditional Writ" is overturned and Albert faces a third trial.

The good news is that the judge agreed to require a unanimous jury decision, to allow DNA testing of all evidence still in the State's possession that may contain adequate sample sizes for modern analysis, and to give Albert's defense team access to any fingerprint files the State possesses from Angola at the time of the murder. He also agreed to give Albert's defense team a chance to privately review (under seal) letters from the latest grand jury foreperson expressing "serious misgivings" about the "process" in order to assess whether or not the most recent indictment itself, hastily obtained in February of 2015 before the federal appeals process had fully played out, may have once again been improperly obtained.

Overall though, it was not a good day for Albert, or for justice, in St. Francisville. In a curt, 45 minute hearing (originally scheduled for two full days) the judge rejected a solid majority of Albert's 16 pre-trial motions designed to create a fair evidentiary and procedural playing field for any potential retrial. Albert's motion to quash, change the venue, and run the print evidence through the FBI's expanded AFIS database were all quite unceremoniously denied. Critically, so were Albert's requests to exclude all the now impeached, debunked, and discredited testimony presented at previous trials by Hezekiah Brown and the State's other key witnesses. Though Albert will be allowed to present impeachment evidence to a new jury, the jurors will never able to see how these now deceased witnesses respond and react on the stand when confronted with their own lies, obfuscations, and omissions from previous testimony.

Reportback on Albert Woodfox's Sept. 2 Oral Arguments at US Fifth Circuit Court of Appeals

IN THE NEWS: NOLA Times Picayune (1, 2) II The Advocate II Shreveport Times II ABC / AP II WRAL / AP II Toronto Sun / Reuters II Second Reuters article

(PHOTO: A3 supporters outside of the US Fifth Circuit Court of Appeals in New Orleans this morning at Albert Woodfox's oral arguments. Big Thanks to everyone that made it out!!)

This morning, Amnesty International USA released the following statement, reprinted in full.

Please check back here for more updates later in the day. See also our Facebook and Twitter pages.

Amnesty International USA Statement on Ongoing Incarceration of Albert Woodfox

Today, the U.S. Court of Appeals for the Fifth Circuit in New Orleans heard oral argument in Albert Woodfox vs. Burl Cain. A three-judge panel will decide whether Louisiana prisoner Albert Woodfox should be granted unconditional release or face a third trial after spending more than four decades in solitary confinement.

A3 Newsletter: Join Us in New Orleans on Sept. 2nd for Albert Woodfox's Appeal Hearing

(PHOTO: A3 supporters gathered outside the Fifth Circuit Court of Appeals in New Orleans at one of Albert's previous hearings, on Jan. 7, 2014.)

After a summer of back and forth briefing on paper, on Wednesday morning, September 2nd, in the East Courtroom a three-judge panel of the Fifth Circuit Court of Appeals in New Orleans will hear oral arguments on whether Federal Judge James Brady's June 8th "unconditional writ" officially overturning Albert's conviction, ordering his release, and barring a retrial (a ruling he presented as "the only just remedy") will stand.

As usual, the public is welcome to attend. Though we don't know for sure what time our case will be heard, doors open at 8am and court convenes at 8:30am. Arguments are expected to be short (usually each side only gets about 45 minutes) and for those unable to attend audio recordings are posted on the 5th's website by close of business that same day.

A decision from that Court is expected sometime later this fall. If Judge Brady's ruling is upheld, Albert will be released and a retrial banned. If reversed, the Fifth Circuit does not have the power to reinstate Albert's overturned conviction, but can put limits on the terms of Judge Brady's Writ and release order.

Photos of new Albert Woodfox mural in New Orleans by artist B-Mike w/ Amnesty Intl. USA

Featured below are photos of the new Albert Woodfox mural in New Orleans, Louisiana, painted by artist Brandan "B-Mike" Odums in conjunction with Amnesty International USA (sign Amnesty's ongoing petition for Albert here). The photos below are taken by Amnesty USA and the A3 Coalition.

Read the July 3 NOLA Times Picayune article to learn more about the mural and to view more photos.

This first photo is of Michael Mable, brother of Albert Woodfox, standing in front of the mural.

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.