A3 Newsletter: Four Score and One Too Many Years

–By the International Coalition to Free the Angola 3

Today, April 17, 2013, marks 41 years that Albert Woodfox and Herman Wallace have been unjustly incarcerated in solitary confinement in Louisiana. This is 41 years of living in concrete and metal cages of 6 x 9 feet; 41 years of being separated from their families and loved ones; 41 years of being wrongly accused of a murder they did not commit.

Over 41 years ago, prison officials at the Louisiana State Penitentiary (aka ‘Angola’), an 18,000-acre former slave plantation, were first confronted by the Angola 3′s challenge to the obscene human rights atrocities that were a daily reality for prisoners there. They responded to these efforts by fabricating a case against Albert and Herman for the tragic murder of prison guard Brent Miller in 1972. Shortly thereafter, when Robert King entered Angola, he was ensnared in the aftermath of that murder and joined Herman and Albert in solitary.

Although the flame for justice for the Angola 3 continues to burn bright these many decades later, words cannot express the profound rage and frustration we feel commemorating one more year of Herman and Albert’s confinement. But we will not lose hope or forget how much we have already accomplished and just how close we are to winning both Herman and Albert’s release. Solitary confinement’s daily assault on Herman and Albert’s mind, body and spirit has not been able to deter them. Inspired by their heroic resilience on the frontlines of the struggle, we too, will never give up our fight for their release.

Continuing this fight for Albert, Herman and all prisoners, today we are launching an action to kick-start the call for a State Congressional Hearing to end the use of prolonged solitary confinement in Louisiana. Our friends at The National Religious Campaign Against Torture (NRCAT) have enabled this through their campaign calling “upon state legislators and departments of corrections to begin now to take steps to end prolonged solitary confinement” in all 50 states and the federal prison system.

We need only 500 people within a particular state to sign the statement and NRCAT will send these endorsements to that state’s governor, top corrections officials, and every member of that state’s legislature. When we hit 1,000 signatures they will do the same again. PLEASE spread the word to help us achieve our petition goal for Louisiana and in states across the country. Please sign this now.

The campaign for the Angola 3 grows in strength around the world, from local organizations to international NGO’s like Amnesty International (read their new statement marking 41 years) joining the call for justice. While Herman and Albert continue to live the hell that is solitary confinement, this cruel and unusual punishment is in the news more than ever before – with calls for its abolition from state congresses and increasing evidence of its violations to human rights.

Albert, Herman and Robert do not want anyone else to suffer the hellish torture they still endure today. Thank you all for your continued support. Without you the flame of justice would not burn so strongly.  Please mark this day by taking action to end the use of prolonged solitary confinement in Louisiana and the USA.

Events Mark 41 Years

This week you can also join us at one of the many events commemorating 41 years.

The new Canadian film Hard Time is screening this week in Baton Rouge and New Orleans.

A 41-hour vigil on April 19-21, in New Orleans is being organized by the Angola 3 Movement, with Hard Time shown alongside more films and presentations.

In New York City, Herman’s House, the film, will premiere on April 19.

In Europe, Amnesty France is hosting a screening of In the Land of the Free in Paris on April 30.

 A Defined Voice 
–By Herman Wallace, 2006

They removed my whisper from general population

To maximum security I gained a voice

They removed my voice from maximum security

To administrative segregation

My voice gave hope

They removed my voice from administrative segregation

To solitary confinement

My voice became vibration for unity

They removed my voice from solitary confinement

To the Supermax of Camp J

And now they wish to destroy me

The louder my voice the deeper they bury me

I SAID, THE LOUDER MY VOICE THE DEEPER THEY BURY ME!

Free all political prisoners, prisoners of war, prisoner of consciousness.

There are only a few days remaining before Amnesty International ends their online action campaign urging Louisiana Attorney General James Caldwell to not appeal the February 25 ruling by US District Court Judge James Brady that overturned Albert Woodfox’s conviction. Because Caldwell has already said that he will appeal the ruling to the US Fifth Circuit Court, this public pressure is badly needed for Albert, who is now just weeks away from his 41st year in solitary confinement. If you have not yet done so, please take action here.

Angola Prison

Watch MSNBC’s Melissa Harris-Perry tell AG Caldwell to “lay off the Angola 3 already.” 
 

Robert H. King responds to Louisiana Attorney General James Caldwell

Many thanks to all of you who have aided our cause and added your voices to our quest to free Albert from an obviously unjust imprisonment of more than 40 years. Please continue to make your voices heard and your dissent known, especially in light of the recent email response by Louisiana’s Attorney General, James Caldwell. One wonders: Why in the face of so many mitigating facts and circumstances would the Attorney General persist in his unethical efforts to pursue the persecution of Albert Woodfox and Herman Wallace? Is it really justice he seeks, or is there something else he wants? The following may add some light to the subject.
When Woodfox was first granted a new trial in 1993, the Attorney General’s Office elected to retry the case, which is a rare occurrence. Twenty-three years earlier, John Sinquefield, a young and ambitious local assistant district attorney, prosecuted Albert and made repeated references/inferences to Albert’s political beliefs and militancy. Having had prior involvement in this case, Sinquefield could not (or chose not to) prosecute in his second hearing. However, this recusion (or self restraint) did not apply to his assistants. Enter Julie Cullen, an attorney working with Sinquefield.  It was Cullen who declared to the press, that she would retry Albert as “a ‘Black Panther.” During that trial in 1999,when I appeared as a character witness for Albert, Julie Cullen made repeated references to Woodfox’s militancy as Sinquefield had done before her and Woodfox was again convicted.

Sinquefield, Cullen and Caldwell were all previously connected to this case by the thread of time and they have all used this case to further their careers. Sinquefield and Caldwell are well-documented boyhood friends, who went to school together, graduated together and became lawyers together. In Sinquefield’s own words, “We’ve been friends, allies ever since.” Julie Cullen has worked with and been very close to both men. As you can see, their careers have been protected at all costs, even accusing innocent men of murder or rape, as Caldwell in his recent email has done once again.

Buddy Caldwell has long done a great disservice to people of intelligence, especially lawyers…and jurists, in his attempt to sell this malicious and unsubstantiated rape lie. If, in 1969 there had been actual evidence of Albert committing rape, why would the system instead choose to try Woodfox on only the lesser charge of robbery? According to Caldwell, Albert was considered “a career criminal.” The logical question therefore remains…If Albert had committed all of these other alleged crimes and was in fact a career criminal, why was he not prosecuted? Just for the record – any young black man that was arrested became a suspect for unsolved crimes. This was a process so widespread that across the country the practice is known as “clearing the books.”

It is in this same context that Caldwell has wrongfully accused Albert Woodfox and Herman Wallace of committing the murder of prison guard Brent Miller. The evidence linking Herman and Albert to the crime is nonexistent. The bloody fingerprint at the scene of the crime did not match Herman or Albert’s. A knife found at the scene of the crime had no fingerprints on it at all. Other DNA evidence that allegedly had Albert’s specks of blood on it was lost by the prison. Furthermore, multiple alibi witnesses testified that Albert and Herman were in other parts of the prison at the time of the murder. In contrast, it has been proven that state witnesses were bribed to lie under oath. Albert’s conviction has now been overturned three times, and Herman’s conviction is similarly under Federal Court scrutiny for evidence exposing prosecutorial misconduct and constitutional violations.
Read the rest of this entry →

My name is Robert H. King. I was released on February 8, 2001 after spending 31 years in prison – 29 of them in solitary confinement at the infamous Louisiana State Prison also known as ‘Angola’.

Confined there with me were Albert Woodfox and Herman Wallace, the other two friends who make up ‘the Angola 3′. Herman and Albert have now spent 41 years in prison. And though they are no longer housed at Angola, both remain in solitary confinement at another prison – a punishment Amnesty has described as ‘cruel, inhuman and degrading’.

Prior to and since my release from prison, I have continued to campaign to free Herman and Albert. Last week, that campaign took a huge step forward with the ruling by a federal district court that there was racial discrimination in the selection of the jury foreperson prior to Albert’s re-trial in 1998.

Louisiana’s Attorney General has already filed his intention to appeal this against this ruling. But he can still do the right thing and end four decades of injustice by letting the ruling stand, clearing the way for Albert to be re-tried or simply walk free at last.

I know what being locked up in that cramped, dark cell does to a man, and I fear for my friend Albert whose physical and mental health is failing. The sense of how cruelly and unjustly Albert and the rest of us were treated still burns as strong as ever – as does my will to end their ordeal.

This isn’t the first or even the second time Albert’s conviction has been overturned. Previously judges have cited racial discrimination, misconduct by the prosecution and inadequate defense in their rulings. There is also troubling evidence that a key eyewitness against Albert had been bribed, and no physical evidence linking him to the murder has ever been found.

However, I also know how many of you share my sense of injustice and that we can count on your ongoing support. When I spoke to Albert last week he asked me to pass on his gratitude to his ‘legions of supporters’ across the world.

Wednesday, April 17 will mark the 41st anniversary of our incarceration in Angola. Please help ensure that this year it is a day of hope – or even freedom – for my friend, Albert Woodfox.

Power to the people!

As ever,

Robert H. King
The only freed member of the Angola 3

 
**Please support Albert Woodfox by sending an email to Attorney General Caldwell, via Amnesty International’s online action page!

March 21 article by James Ridgeway and Jean Casella, reprinted from Solitary Watch

James “Buddy” Caldwell, attorney general of the state of Louisiana, has released a statement saying unequivocally that Herman Wallace and Albert Woodfox, the two still-imprisoned members of the Angola 3, “have never been held in solitary confinement while in the Louisiana penal system.”

In fact, Wallace, now 71, and Woodfox, 66, have been in solitary for nearly 41 years, quite possibly longer than any other human beings on the planet. They were placed in solitary following the 1972 killing of a young corrections officer at Angola, and except for a few brief periods, they have remained in isolation ever since.

The statement from Caldwell follows on the heels of a ruling by a federal District Court judge in New Orleans, overturning Albert Woodfox’s conviction for the third time–in this instance, on the grounds that there had been racial bias in the selection of grand jury forepersons in Louisiana at the time of his indictment. Subsequently, Amnesty International, along with other activists, mounted a campaign urging the state of Louisiana not to appeal the federal court’s ruling. In the absence of an appeal, Woodfox would have to be given a new trial or released.

Caldwell’s statement–which was rather mysteriously sent out to an email list that included numerous prisoners’ rights advocates who have supported the Angola 3–begins: “Thank you for your interest in the ambush, savage attack and brutal murder of Officer Brent Miller at Louisiana State Penitentiary (LSP) on April 17, 1972. Albert Woodfox and Herman Wallace committed this murder, stabbing and slicing Miller over 35 times.”

Caldwell clearly states that he has every intention of appealing the District Court’s decision to the notoriously conservative Fifth Circuit: “We feel confident that we will again prevail at the Fifth Circuit Court of Appeals. However, if we do not, we are fully prepared and willing to retry this murderer again.” Caldwell asserts that the evidence against Woodfox is ”overpowering”: “There are no flaws in our evidence and this case is very strong.”

These statements belie the fact that much of the evidence that led to Wallace and Woodfox’s conviction has since been called into question. In particular, the primary eyewitness was shown to have been bribed by prison officials into making statements against the two men. (For more details on the case, see our earlier reporting in Mother Jones, here, here, here, and here.) The two men believe that they were targeted for the murder, and have been held in solitary for four decades, because of their status as Black Panthers and their efforts to organize against prison conditions. (The third member of the Angola 3, Robert King, convicted of a separate prison murder, was released after 29 years in solitary when his conviction was overturned in 2001).

But Caldwell’s most controversial assertion is that Wallace and Woodfox’s conditions of confinement over the past 40 years do not qualify as solitary confinement:

Read the rest of this entry →

In response to Judge Brady’s ruling this week that overturned Albert Woodfox’s conviction for a third time, Amnesty International has released a new statement calling on the Louisiana Attorney General to not appeal Brady’s ruling to the Fifth Circuit Court. The complete Amnesty statement is reprinted below.

Once again, we want to thank A3 supporters for all of the help in getting us this far. This is now a critical moment and in the coming days we will keep you updated on further developments.

–The International Coalition to Free the Angola 3

(AI statement reprinted in full below)

AMNESTY INTERNATIONAL
PUBLIC STATEMENT

AI index: AMR 51/010/2013
27 February 2013

USA: Amnesty International urges State not to appeal as Albert Woodfox’s conviction overturned again

Amnesty International is urging the Attorney General of Louisiana not to appeal a federal court ruling overturning the conviction of Albert Woodfox of the “Angola 3′ for the second-degree murder of a prison guard in 1972. This case, litigated for over four decades, has raised serious human rights concerns.

In his ruling on 26 February, which followed an evidentiary hearing in May 2012, District Judge James Brady of the US District Court for the Middle District of Louisiana found that racial discrimination lay behind the under-representation of African Americans selected to serve as grand jury forepersons in the jurisdiction in which Albert Woodfox, who is African American, was retried after his original conviction was overturned in 1992.

Judge Brady found that the State had failed to meet its burden “to dispel the inference of intentional discrimination” indicated by the statistical evidence covering a 13-year period from 1980 to 1993 presented by Albert Woodfox’s lawyers. The State, Judge Brady found, had failed to show “racially neutral” reasons to explain the under-representation of African Americans selected as grand jury foreperson during this period.

Albert Woodfox was convicted in 1973 along with a second prisoner, Herman Wallace, of the murder of Brent Miller. This conviction was overturned in 1992, but Albert Woodfox was re-indicted by grand jury in 1993 and convicted again at a 1998 trial, and sentenced to life imprisonment in 1999. In 2008 a US District Court ruled that Albert Woodfox had been denied his right to adequate assistance of counsel during the 1998 trial and should either be retried or set free. The court also found that evidence presented by Woodfox’s lawyers of discrimination in the selection of the grand jury foreperson warranted a federal evidentiary hearing. While the State appealed the District court for a retrial — and won, yesterday’s ruling from the evidentiary hearing, once again sees the conviction overturned.

The organization has repeatedly expressed concern that many legal aspects of this case are troubling: no physical evidence links Albert Woodfox and Herman Wallace to the murder, potentially exculpatory DNA evidence was lost by the State, their conviction was based on questionable testimony — much of which subsequently retracted by witnesses, and in recent years, evidence has emerged that the main eyewitness was bribed by prison officials into giving statements against the men. Both men have robustly denied over the years any involvement in the murder.

Albert Woodfox, now 66, has been held since his conviction over 40 years ago in solitary confinement. The extremely harsh conditions he has endured, including 23 hour cellular confinement, inadequate access to exercise, social interaction and no access to work, education or rehabilitation programmes have had negative physical and psychological consequences. Throughout his incarceration he has been denied any meaningful review of the reasons for being kept in isolation; and records indicate that he hasn’t committed any disciplinary infractions for decades, nor, according to prison mental health records, is he a threat to himself or others. Amnesty International has repeatedly called on the authorities that both he and Herman Wallace be removed from such conditions which the organization believes can only be described as cruel, inhuman and degrading.

That Albert Woodfox’s conviction has been overturned again gives weight to the organization’s concerns that the original legal process was flawed. Amnesty International urges the State desist from appealing this latest ruling.

We are excited to share to new pieces released today.

First is Amy Goodman’s Truthdig column about Albert Woodfox and the Angola 3.

Second is this morning’s Democracy Now radio/tv show with co-host Juan Gonzalez, featuring interviews with Robert King of the Angola 3, who was released in 2001 after 29 years in solitary confinement, and Mwalimu Johnson, an activist and longtime A3 supporter.

The video is embedded here:

–Amy Goodman’s Truthdig column is entitled “Albert Woodfox’s 40 Years of Solitary Confinement.” Below is an excerpt from the beginning of the article. Link to Truthdig for the full piece.

Albert Woodfox has been in solitary confinement for 40 years, most of that time locked up in the notorious maximum-security Louisiana State Penitentiary known as “Angola.” This week, after his lawyers spent six years arguing that racial bias tainted the grand-jury selection in Woodfox’s prosecution, federal Judge James Brady, presiding in the U.S. District Court for the Middle District of Louisiana, agreed. “Accordingly, Woodfox’s habeas relief is GRANTED,” ordered Brady, compelling the state of Louisiana to release Woodfox. This is the third time his conviction has been overturned. Nevertheless, Woodfox remains imprisoned. Those close to the case expect the state of Louisiana, under the direction of Attorney General James “Buddy” Caldwell, to appeal again, as the state has successfully done in the past, seeking to keep Woodfox in solitary confinement, in conditions that Amnesty International says “can only be described as cruel, inhuman and degrading.”

Woodfox is one of the “Angola 3.” Angola, the sprawling prison complex with 5,000 inmates and 1,800 employees, is in rural Louisiana on the site of a former slave plantation. It gets its name from the country of origin of many of those slaves. It still exists as a forced-labor camp, with prisoners toiling in fields of cotton and sugar cane, watched over by shotgun-wielding guards on horseback. Woodfox and fellow inmate Herman Wallace were in Angola for lesser crimes when implicated in the prison murder of a guard in 1972. Woodfox and Wallace founded the Angola chapter of the Black Panther Party in 1971, and were engaged in organizing against segregation, inhumane working conditions and the systemic rape and sexual slavery inflicted on many imprisoned in Louisiana’s Angola.

“Herman and Albert and other folks recognized the violation of human rights in prison, and they were trying to achieve a better prison and living conditions,” Robert King told me last year. “And as a result of that, they were targeted.” King is the third member of the Angola 3, and the only one among them to have finally won his freedom, in 2001.

King went on: “There is no rationale why they should be held in solitary confinement—or, for that matter, in prison. This is a double whammy. We are dealing with a double whammy here. We are not just focusing on Herman’s and Albert’s civil- or human-rights violation, but there is question also as to whether or not they committed this crime. All the evidence has been undermined in this case.” Since his release, King has been fighting for justice for Wallace and Woodfox, traveling around the U.S. and to 20 countries, as well as addressing the European Parliament.

The Feb. 28 episode of Democracy Now with Robert King and Mwalimu Johnson, viewed in full here, is featured below with an excerpt from the very beginning:

JUAN GONZÁLEZ: We turn now to the case of Albert Woodfox, who has been in solitary confinement for 40 years. That’s right, 40 years, most of that time locked up in the notorious maximum security Louisiana state penitentiary known as Angola. This week, after his lawyers spent six years arguing that racial bias tainted the grand jury selection in Woodfox’s prosecution, federal Judge James Brady agreed. This is the third time his conviction has been overturned. Nevertheless, Woodfox remains imprisoned. Those close to the case expect the state of Louisiana, under the direction of Attorney General James “Buddy” Caldwell, to appeal again, as the state has successfully done in the past, seeking to keep Woodfox in solitary confinement, in conditions that Amnesty International describes as cruel, inhuman and degrading.

AMY GOODMAN: Albert Woodfox is one of the Angola 3. Angola, the sprawling prison complex with 5,000 inmates and 1,800 employees, is in rural Louisiana on the site of a former slave plantation, getting its name from the African country of origin of many of those slaves. It still exists as a forced-labor camp.

Woodfox and fellow prisoner Herman Wallace were in Angola for lesser crimes when implicated in the prison murder of a guard in 1972. Woodfox and Wallace founded the Angola chapter of the Black Panther Party in ’71 and were engaged in organizing against segregation, inhumane working conditions, systemic rape and sexual slavery inflicted on many imprisoned at Angola.

This is a clip of Albert Woodfox speaking, in his own words, on a prison payphone in the new documentary, In the Land of the Free.

ALBERT WOODFOX: If a cause is noble enough, you can carry the weight of the world on your shoulders. And I thought that my cause, then and now, was noble, so therefore, they could never break me. They might bend me a little bit. They may cause me a lot of pain. They may even take my life. But they will never be able to break me.

(View/Download a PDF of Judge Brady’s ruling here.) 

Albert Woodfox: Freedom After 40 Years in Solitary?
–Supporters of one of the Angola 3 tell The Root why he might be released this time.

DAY ONE: Tuesday, May 29

Today the State set out to disprove the notion that there was any statistically significant, intentional discrimination in the selection of the grand jury foreperson.  All three State witnesses:  a mathematician, a judge, and a demographics expert, saw their offerings almost surgically diminished and dismantled by Albert’s expert defense.  By the end of the day, the bulk of their testimony was either contradicted or ruled inadmissible or irrelevant and there was some question as to whether to recognize the demographics professor as an “expert” at all.  Tomorrow promises more of the same as witness by witness Albert fights for justice, and his freedom. Stay tuned.

THE EVIDENTIARY HEARING EXPLAINED

On Tuesday, May 29th, Albert Woodfox began a 3 day hearing that may result in his conviction being overturned for a third time. Proceedings will begin at 9am in Courtroom 1 at the US District Court in Baton Rouge and continue through Thursday, May 31st.

Albert will be present for the proceedings, and the hearing is open to the public. Please remember if attending that the Federal Court strictly enforces a more formal, conservative dress code (no short skirts or shorts of any kind, even with tights, no bare upper arms, sleeveless, or low cut shirts) and requires that observers don’t react, either visibly or audibly, to anything the might see or hear in the courtroom. Also security is tight, so bring only your ID, car keys, and a pen and paper into the courthouse.

There is limited seating in the courtroom so if you arrive and are turned away, consider your show of support a success and try coming back the next day!

Unlike the first and second time that Albert’s conviction was overturned based on judges who cited racial discrimination, prosecutorial misconduct, inadequate defense, and suppression of exculpatory evidence during his first trials for the 1972 murder of Brent Miller, this proceeding will seek to overturn based on apparent discrimination in the selection of a grand jury foreperson during his 1998 retrial.

The well known facts of the A3 case will not be debated; all that will be examined is whether or not people of color were discriminated against during the grand jury selection process. This means instead of murder mystery theatre, witnesses will mostly discuss compositions of the pool of grand jury forepersons in the Parish where Albert was indicted. Expert witnesses will discuss statistical analysis and methodology, the demographics of the community, and the sociological mechanics of how discrimination can play out in the criminal justice system. If successful, this claim could serve to overturn Albert’s conviction for a third time.

Judge James A. Brady, the same judge who overturned Albert’s conviction the second time in 2008, will preside. That ruling was ultimately reinstated on appeal by the U.S. 5th Circuit Court of Appeals who cited AEDPA-gutted habeas protections that limit federal power that allowed them to defer judgment to Louisiana.

Although there are no time limits officially imposed by law, Brady is expected to rule before the end of 2012.

For more on the case, read A Crim Case 5 & 6.