Reportback on Albert Woodfox's Sept. 2 Oral Arguments at US Fifth Circuit Court of Appeals

IN THE NEWS:  NOLA Times Picayune (1, 2) II  The Advocate  II  Shreveport Times  II  ABC / AP  II  WRAL / AP   II  Toronto Sun / Reuters  II  Second Reuters article

(PHOTO: A3 supporters outside of the US Fifth Circuit Court of Appeals in New Orleans this morning at Albert Woodfox's oral arguments. Big Thanks to everyone that made it out!!)

This morning, Amnesty International USA released the following statement, reprinted in full.

Please check back here for more updates later in the day. See also our Facebook and Twitter pages.

Amnesty International USA Statement on Ongoing Incarceration of Albert Woodfox

Today, the U.S. Court of Appeals for the Fifth Circuit in New Orleans heard oral argument in Albert Woodfox vs. Burl Cain. A three-judge panel will decide whether Louisiana prisoner Albert Woodfox should be granted unconditional release or face a third trial after spending more than four decades in solitary confinement. 

U.S. District Judge James Brady ordered Woodfox’s unconditional release in June, overturning his conviction and barring the state from retrying him. The state of Louisiana appealed the ruling and moved to keep Woodfox behind Jasmine Heiss, Senior Campaigner for Amnesty International USA’s Individuals at Risk program, attended the oral argument and issued the following statement:

"Today, Albert Woodfox remains doubly trapped -- both in solitary confinement and in a deeply flawed legal process that has spanned four decades. Judge Brady’s writ of unconditional release should have been the final chapter in Albert’s 43-year nightmare. Now we can only hope that the courts will finally provide Albert some measure of justice.

"The question remains – why has Louisiana Attorney General Buddy Caldwell relentlessly pursued Albert Woodfox? It is time for the Attorney General to act in the name of justice rather than vengeance and stop standing in the way of Albert’s release.”

A3 Newsletter: Join Us in New Orleans on Sept. 2nd for Albert Woodfox's Appeal Hearing

(PHOTO: A3 supporters gathered outside the Fifth Circuit Court of Appeals in New Orleans at one of Albert's previous hearings, on Jan. 7, 2014.)

After a summer of back and forth briefing on paper, on Wednesday morning, September 2nd, in the East Courtroom a three-judge panel of the Fifth Circuit Court of Appeals in New Orleans will hear oral arguments on whether Federal Judge James Brady's June 8th "unconditional writ" officially overturning Albert's conviction, ordering his release, and barring a retrial (a ruling he presented as "the only just remedy") will stand.

As usual, the public is welcome to attend.  Though we don't know for sure what time our case will be heard, doors open at 8am and court convenes at 8:30am. Arguments are expected to be short (usually each side only gets about 45 minutes) and for those unable to attend audio recordings are posted on the 5th's website by close of business that same day.

A decision from that Court is expected sometime later this fall.  If Judge Brady's ruling is upheld, Albert will be released and a retrial banned.  If reversed, the Fifth Circuit does not have the power to reinstate Albert's overturned conviction, but can put limits on the terms of Judge Brady's Writ and release order.

Photos of new Albert Woodfox mural in New Orleans by artist B-Mike w/ Amnesty Intl. USA

Featured below are photos of the new Albert Woodfox mural in New Orleans, Louisiana, painted by artist Brandan "B-Mike" Odums in conjunction with Amnesty International USA (sign Amnesty's ongoing petition for Albert here). The photos below are taken by Amnesty USA and the A3 Coalition.

Read the July 3 NOLA Times Picayune article to learn more about the mural and to view more photos.

This first photo is of Michael Mable, brother of Albert Woodfox, standing in front of the mural.

A3 Newsletter: The Beat Goes On

Healing Our Wounds: Restorative Justice Is Needed For Albert Woodfox, The Black Panther Party & The Nation  --Law Professor Angela A. Allen-Bell interviewed by Angola 3 News

On Monday, June 8, 2015, US District Court Judge James Brady ruled that the Angola 3's Albert Woodfox be both immediately released and barred from a retrial. The next day, at the request of the Louisiana Attorney General, the US Fifth Circuit Court of Appeals issued a temporary stay of release set to expire on Friday, June 12.

Healing Our Wounds: Restorative Justice Is Needed For Albert Woodfox, The Black Panther Party & The Nation --An Interview With Law Professor Angela A. Allen-Bell

(VIDEO: Prof. Bell interviewed by Sky News, following Judge Brady's ruling to immediately release Albert Woodfox. A stay on his release was ordered later that day by the Fifth Circuit Court of Appeals. Also be sure to watch her June 12 appearance on MSNBC's News Nation with Tamron Hall)

 
Healing Our Wounds: Restorative Justice Is Needed For Albert Woodfox, The Black Panther Party & The Nation
--An Interview With Law Professor Angela A. Allen-Bell

By Angola 3 News

On Monday, June 8, 2015, US District Court Judge James Brady ruled that the Angola 3's Albert Woodfox be both immediately released and barred from a retrial. The next day, at the request of the Louisiana Attorney General, the US Fifth Circuit Court of Appeals issued a temporary stay of release set to expire on Friday, June 12.

As the week intensified following Judge Brady's ruling, both Albert Woodfox and his family, friends & supporters wondered if he would finally be released over 43 years after first being placed in solitary confinement. Amnesty International USA launched a petition calling on Louisiana Governor Bobby Jindal to honor Judge Brady's ruling.  

On June 9, US Congressman Cedric Richmond (LA-02) issued a statement declaring that "Attorney General Caldwell must respect the ruling of Judge Brady and grant Mr. Woodfox his release immediately...This is an obviously personal vendetta and has been a waste of tax payer dollars for decades. The state is making major cuts in education and healthcare but he has spent millions of dollars on this frivolous endeavor and the price tag is increasing by the day." 

On June 11, eighteen members of the Louisiana House of Representatives voted unsuccessfully to pass a resolution (H.R. 208) urging Attorney General Caldwell to stop standing in the way of justice, withdraw his appeals, and let Judge Brady's unconditional writ and release ruling stand.

However, on Friday, June 12, the Court responded by scheduling oral arguments for late August and extending the stay of release at least until the time that the Court issues its ruling later in the Fall.

Albert Will Remain Behind Bars Pending Appeal --Justice Delayed is Justice Denied, But Not Forever (A3 Newsletter)

MEDIA COVERAGE:  NOLA Times-Picayune  II  New Yorker  II  NPR interviews Prof Angela A. Allen-Bell  II  Hollywood Progressive: New A3 Feature Film  II  Huffington Post  II  CTV (Canada) / AP  II  Atlanta Black Star  II  Live Science 

We are sad to report that the 5th Circuit Court of Appeals has decided to continue the stay and block the release of Albert Woodfox until the State's appeal is heard (read articles by The Advocate and Washington Post).

Though it means some months before Albert will see his long overdue freedom realized, the court has granted an "expedited" status for the appeal. Oral Arguments are set for the week of August 31st. The State's written argument as to why they believe Judge Brady's order should be overturned is due on July 10th. Then Albert's team has three weeks to respond before the State is allowed a final rebuttal on August 7th.

A3 Newsletter: The Eve of Freedom?

(Artwork by Rigo 23)

As we all wait anxiously for what tomorrow may bring, we thought like us, you may want to immerse yourself in some of the most powerful shows of support for Albert from around the world that have emerged in the last few extraordinary days since Judge Brady's heroic ruling.

An article written today by the Associated Press and featured by the New York Times asks: What Has Louisiana Got on the Last of the Angola Three?  Answering their own question, the AP / NY Times writes: "Woodfox's long-simmering story has been the subject of documentaries, Peabody Award winning journalism, United Nations human rights reviews and even a theatrical play. It's a staggering tale of inconsistencies, witness recants, rigged jury pools, out-of-control prison violence, racial prejudice and political intrigue."

Take Action with Amnesty International! Act quickly: Albert Woodfox’s fate could be decided TOMORROW

Featured below, reprinted in full, is a new Amnesty International action alert for Albert Woodfox.

Please Take Action Here!

On Monday night, I heard news almost too incredible to believe: After four decades of hellish isolation, a federal judge ordered that Louisiana prisoner Albert Woodfox finally be unconditionally released and never re-tried by the State of Louisiana. After so many years in solitary confinement, Albert was set to walk free.

It marked the most promising development to date in Albert's case.

A Visit This Week With Albert Woodfox: "They Call Me The Last Man Standing"

June 19, 2015 Update: Read the follow-up article by the same author about her most recent visit with Albert


(This touching essay detailing a visit this week with Albert Woodfox is reprinted in full from the Why Am I Not Suprised? Blog.)

(PHOTO: Author with Albert Woodfox from a previous visit)

Albert Woodfox "They Call Me The Last Man Standing"


Five years and eleven months ago yesterday, I first laid eyes on Albert Woodfox. He was still in the Louisiana State Penitentiary at Angola then, where he had been locked up in solitary confinement almost continually since April of 1972. I had been a prison abolitionist myself for thirty-eight years at that point, so it was not surprising that we found each other. Despite the 6 X 9 foot cell in which he had been held so long, hundreds, maybe thousands, of people around the world had already found him before me. But unknown to him, when he turned 62 in February, 2009, I threw him a birthday party and invited students on the Louisiana university campus where I teach to come.

Fifth Circuit Issues Temporary Stay of Judge Brady's Ruling to Release Albert Woodfox

MEDIA COVERAGE:   NY Times Editorial and In-Depth Article  II  Times-Picayune  II  The Independent UK  II  NPR   II  FOX News  II  The American Lawyer  II  Daily Mail UK  II  El Paso Times / AP  II  Washington Post  II  CNN  II  Agence France-Presse  II  Democracy Now!  II  The Root   II  ABC News / AP

The 5th Circuit Court of Appeals has just issued a temporary stay of Judge Brady's order to give Albert's attorneys time to respond to the appeal.

Though there will be no freedom for Albert tonight, we remain confident that Judge Brady's ruling is rooted in strong legal precedent and that justice will finally prevail for Albert sooner than later.

We will do our best to keep you updated as things develop.

BREAKING!: Judge Brady orders Albert Woodfox's Unconditional Release & Retrial Banned!! (Stay Tuned for Updates)

MEDIA COVERAGE:  CNN  II   Los Angeles Times  II  Times-Picayune  II  NY Times / AP & Toronto Star  II  Spiegel Online  II  BBC  II  Guardian UK  II  Amnesty International USA   II  Christian Science Monitor  II 

We are ecstatic to announce that late this afternoon Judge Brady granted the unicorn of habeas rulings--an "unconditional writ" ordering Albert's immediate release and barring a retrial.
He argues that this extraordinary remedy is merited due to the following 5 factors: "Mr. Woodfox's age and poor health, his limited ability to present a defense at a third trial in light of the unavailability of witnesses, this Court's lack of confidence in the State to provide a fair third trial, the prejudice done onto Mr. Woodfox by spending over forty-years in solitary confinement, and finally the very fact that Mr. Woodfox has already been tried twice and would otherwise face his third trial for a crime that occurred over forty years ago."

(A3 Newsletter) The Waiting Game: 43 Years of Innocence; Still Incarcerated; Still Isolated

(PHOTO: Albert Woodfox in 1998)

Today marks 43 years since Albert Woodfox and Herman Wallace were first placed in solitary confinement for a crime they didn't commit. We now await a decision from Federal Judge James Brady regarding Albert's request for bail, expected any week.

Featured below are messages from both Albert and Robert King. New artwork by longtime A3 supporter Rigo 23 is displayed alongside a poem written by Albert back in 1998 entitled I Wait. Who could have imagined that 17 years later, in 2015, he would still be in solitary confinement, still waiting for justice?

If you have not yet done so, please sign the Amnesty USA petition calling on Louisiana authorities to not oppose bail for Albert!

A3 Newsletter: Baton Rouge Prayer Vigil on April 12 Marks the 43rd Year of Albert Woodfox's Solitary Nightmare

At 2PM on Sunday, April 12, in Baton Rouge, Louisiana, the Reverend Dr. Patricia T. Bates will be hosting a prayer vigil to mark Albert Woodfox's 43rd year in solitary confinement. Reverend Bates will be joined by Michael Mable, brother of Albert Woodfox, who will be speaking about how this injustice affects families.

Sponsored by the National Religious Campaign Against Torture, Sunday's vigil will be held at the Wesley United Methodist Church Fellowship Hall, 544 Government Street, Baton Rouge LA.

If you do not live in or around Baton Rouge and therefore cannot make it to the vigil, please send Albert a postcard in solidarity. Let him know that he is in your thoughts, that you care about him and that A3 supporters outside the prison walls are still here fighting for his immediate release.

Write Albert:

Albert Woodfox #72148           
West Feliciana Parish Detention Center
PO Box 2727
St. Francisville, LA 70775

Mumia Abu-Jamal in Medical Crisis --Several Ways to Take Action in Support!

Below is an update about Mumia Abu-Jamal's continuing emergency medical crisis, released by Johanna Fernandez from the Campaign to Bring Mumia Home. For the latest news, visit Prison Radio (on Twitter) and Bring Mumia Home (on Twitter)

RELATED:  Support Independent Medical Care for Mumia  II  Linn Washington Jr: Mumia's Specialized Mistreatment  II  Mumia Moved Back to SCI Mahoney's prison infirmary  II  NY Amsterdam News: 'Mumia is in Pain,' his son says  II  This Can't Be Happening: Execution by medical neglect? Pennsylvania’s Prison System is Torturing Mumia Abu-Jamal and his Family Too



MUMIA UPDATE:  April 7, 2015

Mumia is in very poor health and has been back in the prison infirmary since Wednesday, April 2, 2015.  His transfer back to the prison is an attempt to sever Mumia from the widespread attention this recent crisis has garnered in the media. It was also an attempt to shut down the movement’s vigil at the hospital. 

A3 Newsletter: Cautious Optimism as A3 Supporters Pack the Courtroom for Albert Woodfox

MEDIA COVERAGE:  The Advocate  II  Times-Picayune  II  Robert King on KPFK Radio

Judge Brady Gives One Week for Final Briefs in Albert's Fight for Bail --A Release Decision is Expected Soon Thereafter

As expected, arguments began by exploring whether the federal or state courts have jurisdiction of Albert's release and ended with a discussion about what bail for Albert may look like.

Though the Court has given both sides one additional week to sum up, we expect he should rule soon thereafter.  If he doesn't release Albert, the legal team is prepared to move his compelling case for bail to the state court.

Though the arguments were mostly procedural, the courtroom was overflowing with loving, dedicated supporters who stuck out the procedural delays to stand up for Albert and his long overdue freedom.  Thanks to all of you who continue to show up and tune in as he takes his final steps toward release.

We will update you as soon as we hear more.

A3 Newsletter: Bail Hearing for Albert Woodfox on Monday, March 2 --Come to Baton Rouge to Support Albert

MEDIA:  Judicial system's treatment of two Angola inmates resembles a lottery, by James Gill

We've just received word that Albert's bail hearing will proceed on Monday, March 2nd at 9:30am in Courtroom 6 of the US Middle District Court in Baton Rouge (777 Florida St.). Albert will be present; and though we know it is short notice, local supporters are urged to attend if at all possible.

If you have not yet done so, please sign the Amnesty International petition calling on Gov. Jindal to not oppose bail for Albert.



Albert Release Arguments Heat Up as Monday's Bail Hearing Approaches

48 hours ago the State submitted a written request for Federal District Court Judge James A. Brady to cancel Albert's Monday, March 2nd bail hearing on the grounds that his reindictment moves the question of release from federal to state jurisdiction.

VIDEO: Citing '43 Years of Injustice,' Amnesty International interviews UN Special Rapporteur Juan Mendez about Albert Woodfox

Sign the new Amnesty petition to Gov. Jindal!



Amnesty International has just released a new video entitled "Free Albert Woodfox: 43 Years of Injustice," (on You Tube and Facebook) featuring an interview with Juan Mendez, the UN Special Rapporteur on Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The video was made in support of Amnesty's new petition campaign focusing on Albert's pending application for release on bail.

In 2013, declaring that “Four decades in solitary confinement can only be described as torture,” Mendez called for Albert's immediate release from solitary confinement. Speaking about Albert in this new video, Juan Mendez says:

"Mr. Woodfox is spending his days in solitary confinement…His convictions have been reversed and the State is appealing them, so in fact he should be considered an innocent man until his guilt or innocence is resolved."

"There’s no question that his conditions inflict on him the kind of pain and suffering of a mental nature that is associated with torture and I think that should stop."

Louisiana Takes First Step to Retry Albert Woodfox --AG Caldwell Continues to Obstruct Justice But Albert Does Not Fear A Trial

UPDATE (Feb. 18): Until he knows if he will be released on bail, Albert is being held in isolation at West Feliciana Parish Detention Center, a small city jail with only a few dozen prisoners at any one time. His new mailing address at this facility is:

Albert Woodfox #72148
West Feliciana Parish Detention Center
PO Box 2727
St. Francisville, LA 70775



MEDIA COVERAGE:  James Gill, The Advocate

On February 11, the State of Louisiana took the first step toward a retrial and announced that a grand jury has re-indicted Albert a third time for the murder of Brent Miller.

Though we continue to hope that the State will stop wasting taxpayer money on the prosecution and torture of this innocent man, Albert looks forward to being able to prove to the world once and for all that he is innocent.

We will update you as more information becomes available, and in the meantime urge you to join over 16,000 people in the US alone (and thousands more abroad) in signing Amnesty's new petition calling for Albert's immediate release.

Amnesty USA Responds to the Indictment

In response to today's announcement of the indictment of Albert Woodfox, Amnesty International USA Executive Director Steven W. Hawkins issued the following statement:

"Attorney General Caldwell has made it clear that he is hell-bent on keeping Albert Woodfox behind bars-despite the fact that his conviction has been overturned three times, and an appeals court has affirmed that decision. He should stop pursuing a campaign of vengeance by trying to re-indict a man who has already spent more than four decades in cruel confinement, after a legal process tainted with flaws.

Please take action for Albert Woodfox: New Amnesty Intl. Petition to Gov. Jindal Calls for the State to Not Oppose Bail

We are excited to announce that Amnesty International has started a new petition in support of Albert Woodfox's February 6 bail request that he filed in response to the favorable Fifth Circuit Court ruling on February 3. The full text of an email sent out today by Amnesty, describing the campaign, is featured below.  

Please take action now!

Freedom is just around the corner

For more than four decades, Albert Woodfox has been held in solitary confinement: first in the infamous Louisiana State Penitentiary (also known as Angola Prison) and later in David Wade Correctional Center.

Albert spends 23 hours a day isolated in a small cell - four steps long and three steps across - with no access to meaningful social interaction or rehabilitation.

Last Friday, Albert's legal team filed for bail. With your help, he could finally walk free.

Albert Woodfox Applies for Bail With Expedited Review --Freedom Is Just Around the Corner

MEDIA COVERAGE:  NOLA Times-Picayune

This afternoon Albert Woodfox's legal team submitted an application to US District Court Judge James A. Brady for release on bail with expedited review (View the court filing here).

This month marks 2 years since Albert's conviction was overturned for a third time based on a finding of racial discrimination in the selection of his grand jury foreperson, a decision now firmly upheld by a unanimous panel of the 5th Circuit Court of Appeals.

Though the Attorney General may continue to stand in the way of justice and appeal yet again to the US Supreme Court and/or attempt to retry him, Albert's attorneys argue that there is no legal or moral justification to hold him in prison any longer, nor any reason to believe the State of Louisiana could succeed in reconvicting him in a fair proceeding.