A federal appeals court has upheld a lower court ruling ordering Louisiana to release Albert Woodfox, a former Black Panther who has spent more than 42 years in solitary confinement, longer than any prisoner in the United States. In an editorial over the weekend, the New York Times referred to his confinement as “barbaric beyond measure.” Woodfox and the late Herman Wallace, another prisoner of the Angola 3, were convicted of murdering a guard at Angola Prison. The Angola 3 and their supporters say they were framed for their political activism. A federal judge ruled last year Albert Woodfox should be set free on the basis of racial discrimination in his retrial. It was the third time Woodfox’s conviction was overturned, but prosecutors have negated the victories with a series of appeals. Thursday’s ruling by the 5th Circuit Court of Appeals upheld the order for Woodfox’s release in a unanimous decision. But prosecutors could still delay its enforcement with more appeals to keep Woodfox behind bars.
Carine Williams talking:
Albert Woodfox originally went to prison on an armed robbery charge. He was then, while in prison, convicted of killing a corrections officer. During the investigation of that killing, he was put into solitary confinement. He never has been released from solitary confinement. There have been two intervening periods where he was retried in 1998. He held in a parish facility for three years in the general population. At that point, no incidents whatsoever. Once the conviction was gotten for the second time, again without a fair trial, he was put back into solitary confinement. In 2008, he was put into a dorm for about eight to nine months. When we got relief on his ineffective assistance counsel — of counsel claims, at that point we sought bail in what we believe was a retaliatory move, they moved him out of the dorm and back into solitary for no legitimate penological reason.
In 1972, I think for a little context, conditions at Angola were atrocious. There was in an inordinate amount of violence between — among inmates, among guards. Albert and Herman, Herman Wallace being the third member of the Angola 3 who passed away last year after having his conviction overturned, began organizing inmates as members of the Black Panther party and their primary goal in organizing inmates was to protect others from prison rape. And so, that earned them the ire of an administration that was itself under a big change. They had been ordered to integrate their prison administration, so there were some antagonisms and frictions among the prison officials and guards. And then when this terrible murder happened, I mean it is truly a tragic crime, they were automatically, immediately fingered as the culprits without any evidence whatsoever. And a number of people who are affiliated with that Black Panther chapter in prison were put into solitary confinement.
Teenie Verret, the widow of the guard, “I have been living this for 36 years. There is not a year that goes by that I don’t have to relive this. It just keeps going and going. And these men — I mean, if they did not do this, and I believe that they didn’t, they have been living a nightmare for 36 years.”
if you look at it, the state’s case has always been weak. It was weak in 1972 when the conviction originally happened. They could not get that conviction without cheating, without violating the constitutional safeguards of a fair trial. They had a second chance in 1998. Again, they could not get a fair conviction against Mr. Woodfox that the 5th Circuit just found on Thursday.
The court ruled that the conviction is a bad conviction and that he has to be released or re-tried. So the ball in terms of what happens now is in effect in the state’s court again. They have a few options. They can appeal, seek a rehearing of this panel. They can seek en banc review of the whole 5th Circuit, or they can appeal to the Supreme Court. They could also decide that enough is enough, that Mr. Woodfox has served 42 hard years in Louisiana prison and this is no longer a wise use of the state’s resources.
Robert King talking:
I can only reiterate what Carine has said and alluded to that Albert was overjoyed. I talked to him yesterday, and we’re thinking this decision here puts him closer to his freedom. As, again alluded to by Carine, this case was weak from jump street and has been overturned many times. Based not just on procedural defaults — I’m sure the court had other things in mind. But, it was overturned on procedural default. And the Attorney General seems to take this as a green light to continue this atrocious prosecution of Albert Woodfox, and we’re thinking this — that it’s high time that the state let it go. There is nothing else that can be done. Albert has proven time and time again that he is actually innocent of this crime. All the evidence shows he was innocent of this crime, that he should not have even been convicted — or should not have even been charged with this crime.
Herman Wallace who prayed he could be free to die as a free man, and he was taken out at the prison at the last minute as he lay dying. Judge ordering his release, demanding the warden release him or perhaps be imprisoned himself. He was taken out on a gurney and he died a free man.
we were allowed to visit Herman on the day, as Carine pointed out, she was there at the time and she told him his conviction had been overturned. Herman, on the day, as Carine pointed out, she was there at the time and she told him that his conviction had been overturned. And Albert and I were there and we were also able to inform Herman and let Herman know that the case of an overturned and that, not only that his case had been overturned, but that he would be released that same day from prison. And I think he recognized this. So Herman did — he died unconvicted, a man free from murder.
— source democracynow.org
Robert King, member of the Angola 3 who spent 29 years in solitary confinement for a murder he did not commit. He was released in 2001 after his conviction was overturned. He’s written a book about his experience, “From the Bottom of the Heap: The Autobiography of Black Panther Robert Hillary King.” He is featured in a brand new film about his life, called “Hard Time.”
Carine Williams, attorney for Albert Woodfox with the law firm Squire Patton Boggs.