Angola 3 News: US Fifth Circuit Court

Showing posts with label US Fifth Circuit Court. Show all posts

Wednesday, December 2, 2015

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."

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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.