Abusing Prisoners Decreases Public Safety

–An interview with educator, author and former prisoner Shawn Griffith

By Angola 3 News

If given the attention it deserves, an important new book is certain to make significant contributions to the public discussions of US prison policy. The author, Shawn Griffith, was released last year from Florida’s prison system at the age of 41, after spending most of his life, almost 24 years, behind bars, including seven in solitary confinement. Facing the US PrisonProblem 2.3 Million Strong: An Ex-Con’s View of the Mistakes and the Solution was self-published just months after Griffith was released from what is the third largest state prison system in the US, after California and Texas.

Angola Prison

This new book’s thoughtful analysis and chilling reflections on what author Shawn Griffith experienced while incarcerated is a remarkable illustration of why the US public must listen to the voices of current and former prisoners who have stories that only they can tell. Griffith writes that “by integrating my own personal experiences with statistics and examples from different corrections systems around the nation, I am attempting to discredit the general perception that the system is designed to enforce and protect justice for everyone. The U.S. criminal justice system is an economically and politically profitable enterprise for special interest groups in this country. The general taxpayer needs to understand how the abusive policies fostered by these groups worsen the U.S. prison problem and the debt crisis through wasted corrections expenditures.”

Florida’s state prisons are the book’s main focus because “the majority of prisoners are incarcerated in state institutions. As of 2010, the US incarcerated 1,404,053 prisoners in state correctional institutions. For that reason, and based on my own twenty years of experience… Florida serves as an especially relevant test case for the changes needed in the US correctional system for two reasons. First is the size of Florida’s prison population and some of the political causes of its growth… Second, Florida has enacted some of the toughest sentencing laws of any state, causing correctional budgets to soar while educational budgets have been cut repeatedly,” writes Griffith.

After reading about the many different ways prisoners are abused, the very notion that US prisons are designed to rehabilitate or improve public safety, can only be viewed as a sick joke. Griffith writes that “hidden behind the walls, huge numbers of human beings have their spirits broken daily. Secretly, many suffer false disciplinary reports, illegitimate confiscation or destruction of personal property, physical beatings, rape, and sometimes fraudulent criminal penalties. Substandard nutrition, indifference to serious medical needs, and policies that encourage laziness have also become common. These practices help to sustain rates of recidivism, which is defined as a return to prison within three years of release.”

“Indeed, the strongest factor in reducing the rate of criminal recidivism is education, especially higher education, the one correctional expenditure that federal and state politicians have slashed.  This course must be reversed,’ writes Griffith, himself an example of the healing power of educational programs for prisoners. While incarcerated he began his long journey to full rehabilitation, gaining his GED and then taking over 40 accredited college correspondence courses with an emphasis on criminal justice, psychology, and marketing. He has a 3.5 GPA from Ohio University in Athens, Ohio. As a teacher in prison, he helped hundreds of inmates gain their GEDs.

Since his release in 2012, Griffith has lived in Sarasota, Florida where he founded Speak Out Publishing to publish other works of non-fiction that focus on tackling some of societies’ most pressing issues. Copies of Facing the US Prison Problem 2.3 Million Strong can be purchased directly from Griffith, through his website: www.speakoutpublishing.com, by mail: Speak Out Publishing, LLC at P.O. Box 50484 Sarasota, Florida 34232, or by phone: 941-330-5979.

Angola 3 News:         You write that this book “isn’t just a commentary on correctional problems and solutions…it is also to share the human side of the story.” Based on your experience of spending almost 24 years in a Florida prison, what is the human side of this story?

Shawn Griffith:         Sometimes I think people forget that prisoners and their families are people. The prisoners have committed crimes, but many of them come to prison with serious psychological issues, and they still have feelings like every person in this world. Most prisoners are not sociopaths, but instead human beings with more pain and trauma in their pasts than the average citizen. Committing crimes, for the most part, is a direct sign of their mental instability.

A good example was a murderer with the moniker, Arkansas. Arkansas was a real stand-up guy in prison. He was someone who kept his word, minded his own business, but had a violent father who instilled violent teachings into his head repeatedly during childhood. He would give a friend the shirt off of his back, but if you tried to harm him or get over on him, his training went into effect. He had some serious psychological issues that I saw him struggle with every day.

 
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An interview with Dan Kovalik and Bret Grote

By Angola 3 News

For how much longer will 'Maroon' Shoatz be held in solitary?

Earlier this week, on Wednesday, May 8, lawyers for Russell ‘Maroon’ Shoatz filed a federal lawsuit regarding his placement in solitary confinement for over 22 consecutive years. The written complaint, directed at Pennsylvania Department of Corrections Secretary John Wetzel and the Superintendents of SCI-Greene, where Shoatz was last held, and SCI-Mahanoy, where he was transferred to on March 28, 2013, states that this “is an action for injunctive, declaratory and monetary relief for violations of the Eighth and Fourteenth Amendments of the United States Constitution.”

Last month, when a 30-day action campaign was launched calling for Russell ‘Maroon’ Shoatz’s immediate release from solitary confinement, the campaign promised to file this litigation if Maroon had not been transferred into general population by the morning of May 8. On Thursday, May 9 the lawsuit was announced at a press conference was held in Pittsburgh, outside the City-County Building.

An update released on May 1 argues that the campaign “can already claim a victory” because “Maroon’s case and his work has received more attention over the past month that at any time during his incarceration.” One new article about Maroon was published by Solitary Watch and co-authored by Kanya D’Almeida and Bret Grote, who is also interviewed below. D’Almeida and Grote write that maroon’s “only time in the general prison population in the last 30 years was an 18-month stint spent at the federal penitentiary at Leavenworth that ended in 1991.” Furthermore, they note that Maroon has had only one violation since 1989 and “his most recent violation was in 1999, when he covered a vent in his cell that was blowing cold air in an attempt to stay warm.” 

Underscoring their argument that Maroon’s confinement is politically motivated, they write that “in 1982 he was released into the general prison population at the State Correctional Institution (SCI) Pittsburgh. Upon return to the general population Maroon became involved with the Pennsylvania Association of Lifers (PAL), a prison-approved organization that was supposed to further the interests of life-sentenced prisoners… Maroon’s reputation and the respect other prisoners had for him led to a dramatic increase in participation in the PAL. More than 100 prisoners would attend meetings in the early part of 1983. On the night that the old leadership was impeached and Maroon appointed interim president pending new elections, he and other new leaders of the PAL were placed in solitary confinement. The others were eventually released from solitary. Maroon remains in isolation to this day.” 

Other recent media coverage includes a new interview with Maroon, published by New Clear Vision, and conducted by Vanderbilt University Philosophy Professor Lisa Guenther. “Ironically,” Maroon writes in the interview, “the segment of the population that presently has the most potential to effect change in the PIC is those who usually have no direct — bodily — connection to this system. That is the taxpayers among the ninety nine percent. Without their massive yearly outlays of billions in taxes (taxes they’ve been bamboozled into believing serve a good purpose, but instead serve [to] keep active a police state machine) the whole house of cards would collapse!”

Last month, in part one of our report on Russell ‘Maroon’ Shoatz, we interviewed activist Matt Meyer and Maroon’s daughter, Theresa Shoatz. Here in part two, we interview activist Bret Grote and Maroon’s lawyer Dan Kovalik, taking a closer look at the lawsuit filed on May 8, the broader use of litigation to confront human rights abuses in US prisons, and the political economy of what Grote identifies as the ‘imperial police state.’ 

Daniel Kovalik is a labor and human rights lawyer living in Pittsburgh. He was counsel for Maroon in his first federal case challenging his solitary confinement.

Bret Grote is an organizer with the Human Rights Coalition, the Executive Director of the newly founded Abolitionist Law Center, and a member of the legal team for Russell Maroon Shoatz.

Angola 3 News:  An April 15 update reported on Maroon’s transfer from SCI-Greene to SCI-Mahanoy and accompanying statements from Secretary Wetzel that he was moved for the purpose of eventually being transferred into general population, where he will then, among other things, be able to physically embrace family and friends during visits. Have there been any more developments since the April 15 update?

Dan Kovalik:  Yes, on May 2, Maroon was told that he would be released to general population within 90 days of his coming to SCI-Mahanoy, which was March 29. Therefore, if all goes well, and with continued pressure, Maroon could be in the general population by July.

A3N:   At this point, following the 30-day campaign, how can our readers most effectively offer their support?

DK:     We believe that continued calls and letter writing to Secretary Wetzel, as well as letters to the editors of local Pennsylvania newspapers could help to ensure that Maroon is finally released into the general population.

A3N:   How have authorities officially justified keeping Maroon in solitary confinement all these years?

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–An interview with Theresa Shoatz and Matt Meyer

This month, a 30-day action campaign was launched demanding the release of Russell ‘Maroon’ Shoatz from solitary confinement, where he has been held for over 23 consecutive years, and 28 of the last 30 years, in Pennsylvania prisons. On April 8, when the campaign began, Maroon’s legal team sent a letter to the Pennsylvania Department of Corrections (PA DOC), demanding his release from solitary confinement and promising litigation against the PA DOC if he is not transferred to general population by May 8.

The action campaign describes Maroon as “a former leader of the Black Panthers and the Black freedom movement, born in Philadelphia in 1943 and originally imprisoned in January 1972 for actions relating to his political involvement. With an extraordinary thirty-plus years spent in solitary confinement…Maroon’s case is one of the most shocking examples of U.S. torture of political prisoners, and one of the most egregious examples of human rights violations regarding prison conditions anywhere in the world. His ‘Maroon’ nickname is, in part, due to his continued resistance—which twice led him to escape confinement; it is also based on his continued clear analysis, including recent writings on ecology and matriarchy.”

Writing that Maroon “has not had a serious rule violation for more than two decades,” the campaign argues that he has actually been “targeted because of his work as an educator and because of his political ideas; his time in solitary began just after he was elected president of an officially-sanctioned prison-based support group. This targeting is in violation of his basic human and constitutional rights.”

On March 28, just before the campaign was launched, Maroon was transferred from SCI-Greene to SCI-Mahanoy  An update released by the campaign on April 15 reported that Maroon had been told by officials at SCI-Mahanoy that he had been transferred there with intent to move him into general population. Responding to the news, campaign co-coordinator Matt Meyer (also interviewed below) said: “We are encouraged by the words of the officials at Mahanoy, but we cannot rest until those words are followed by deeds: by the ultimate action which will end the current torture of Maroon.” Bret Grote, from the Pittsburgh Human Rights Coalition, who is himself a longtime legal and political supporter of Shoatz, added that, “while we are pleased that some of the concerns raised by the demand letter have been met,” including Maroon’s “access to his anti-embolism stockings and to a typewriter, we remain concerned that the timeline for release from solitary has been left vague.”

The April 15 update also reports that “the assistants at the office of PA DOC Secretary John Wetzel have confirmed that the Secretary personally ordered Maroon’s recent transfer from SCI Greene to SCI Mahanoy for the purpose of placing him in the general prison population. In conversations with some of the many people who have called in to the DOC central office on the first week of the 30-day pressure campaign, DOC personnel have suggested that Maroon supporters be patient as the process to get him into general population work its course. But Maroon and his family have been misled in the past about these issues.” While the campaign began by asking supporters to contact both Secretary Wetzel and SCI Mahanoy Supt. John Kerestes, it is now asking supporters to just focus on Secretary Wetzel, since he is the “ultimate decision-maker.”

This month also marked the release of the new book, entitled Maroon the Implacable: The Collected Writings of Russell Maroon Shoatz (PM Press), co-edited by Fred Ho and Quincy Saul, with a foreword by Chuck D. The collected essays examine a wide range of topics that are perhaps most striking for their honest self-criticism and for his commitment to confronting male supremacy and misogyny in all its forms. For example, in one essay entitled, “The Question of Violence,” after Maroon criticizes “the worldwide misogynist ‘gangsta’ genre of the hip hop culture” for being “a male, macho parody of exhibitionist violence,” Maroon writes:

More troubling is the fact that this male exhibitionist violence has also permeated the minds, practices, and circles of otherwise brilliant and well-meaning revolutionary thinkers. Such theorists as the renowned Frantz Fanon, icons like Malcolm X and Kwane Ture (formerly Stokely Carmichael) and others have unconsciously conflated the necessary utilization of defensive revolutionary violence, in seeking meaningful revolutionary socioeconomic and cultural change, with what they believed was a need for males to use ‘revolutionary violence’ to also ‘liberate their minds and spirits’ subservience imposed on them by the vestiges of slavery and the colonialism /neocolonialism of their times. These individuals failed to recognize that their ‘revolutionary’ worldview would still leave in place the entire male-supremacist /patriarchal framework, an edifice that we can term the ‘father of oppression.’ The destruction of this edifice will signal the true liberation they sought. Otherwise, the ‘revolutionary violence’ they formulated must also be recognized for what it is: exhibitionist, ego-based male violence.

Featured below is our interview with Theresa Shoatz and Matt Meyer. Theresa Shoatz is the daughter of Russell ‘Maroon’ Shoatz. Theresa has worked for decades as a public advocate for her father and through the Human Rights Coalition, she fights for all prisoners in Pennsylvania and beyond. You can watch a video interview with Theresa Shoatz, released by Solitary Watch in 2011. This month, Theresa has been traveling around the US as part of a book tour promoting Maroon the Implacable, and this week she is in the SF Bay Area.

Matt Meyer, a native New York City-based educator, activist, and author, is the War Resisters International Africa Support Network Coordinator, and a United Nations/ECOSOC representative of the International Peace Research Association. Now the co-coordinator of the Campaign to Free Russell Maroon Shoatz, Meyer also has a long history in solidarity with the people of Puerto Rico. In 2009, Meyer edited Let Freedom Ring: A Collection of Documents from the Movements to Free U.S. Political Prisoners (PM Press), and in 2012, co-edited another book entitled, We Have Not Been Moved: Resisting Racism and Militarism in 21st Century America (PM Press).

Please look out for part two our report on the 30-day action campaign, which will further examine the legality of Maroon’s placement in solitary confinement and take a closer look at his recently published book, Maroon the Implacable. In the meantime, you can stay updated on the campaign for his release from solitary here.

Angola 3 News:         Political prisoners are often seen as symbolic of what is wrong with the US government, but we don’t usually hear about the actual person and how their imprisonment has affected their families. As fellow Pennsylvania political prisoner Mumia Abu-Jamal has commented, “I am a man, not a symbol.” To begin our interview, can you please describe your father, Maroon, for us, so we can better understand who he is as a person?

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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.
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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:

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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.