Angola 3 News: parole

Showing posts with label parole. Show all posts

Wednesday, March 21, 2018

Please Support Herman Bell - Four Things to do Right Now!

We are reposting this call to action released by supporters of Herman Bell. Please do what you can!

Dear friends,

Last week the New York State Board of Parole granted Herman Bell release. Since the Board’s decision, there has been significant backlash from the Police Benevolent Association, other unions, Mayor De Blasio and Governor Cuomo. They are demanding that Herman be held indefinitely, the Parole Commissioners who voted for his release be fired, and that people convicted of killing police be left to die in prison.

We want the Governor, policymakers, and public to know that we strongly support the Parole Board’s lawful, just and merciful decision. We also want to show support for the recent changes to the Board, including the appointment of new Commissioners and the direction of the new parole regulations, which base release decisions more on who a person is today and their accomplishments while in prison than on the nature of their crime.

Herman has a community of friends, family and loved ones eagerly awaiting his return. At 70 years old and after 45 years inside, it is time for Herman to come home.

Here are four things you can do RIGHT NOW to support Herman Bell:

'Soledad Brother' John Clutchette Granted Parole; Will CA Governor Jerry Brown Reverse the Decision? --An interview with Law Professor Angela A. Allen-Bell

Please take action in support of John Clutchette! A sample letter and list of talking points for contacting California Governor Jerry Brown is featured at the bottom of this article.

(Photo of John Clutchette in the 1980s.)

'Soledad Brother' John Clutchette Granted Parole; Will CA Governor Jerry Brown Reverse the Decision?
--An interview with Law Professor Angela A. Allen-Bell

By Angola 3 News

On January 12, 2018, the California Board of Parole Hearings granted parole to an elderly inmate named John Clutchette. However, supporters of parole for Clutchette are concerned that California Governor Jerry Brown will reverse the Board's decision, and Clutchette will not be released.

Supporters have a reason to be concerned. After all, this is exactly what happened in 2016 when Clutchette was similarly granted parole by the Board but Governor Brown chose to reverse the Board's ruling.

Legal scholar Angela A. Allen-Bell, a professor at Southern University Law Center and students in her "Law and Minorities" class began researching Clutchette's legal battle over a year ago. Following extensive research they have concluded that "the law has been used to perpetuate an injustice in Mr. Clutchette’s case."

Why did Governor Brown deny parole to 74-year-old John Clutchette? In our interview with Professor Bell, she refers to Brown's written explanation for his 2016 parole reversal, where Brown cites the fact that in the early 1970s, Clutchette was one of a trio of inmates at California's Soledad Prison, who became high profile co-defendants known as the "Soledad Brothers."

(Photo of the Soledad Brothers, with John Clutchette on the left, reprinted for a 1970 poster.)

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.