A3 Newsletter, February 25, 2016: Oh Happy Day - Albert Woodfox is Free At Last
(PHOTO: Left to Right, Robert King, Albert Woodfox, and Malik Rahim. This photo and two further below of Albert spending quality time with
friends and family are courtesy of Palomita Firecracker's Facebook
page.)
Giving Thanks
We dedicate this newsletter to the spirit of Anita Roddick for her dedication to the Angola 3 struggle for freedom and to her family who stayed the course through the darkest hours.
To the many Angola 3 supporters that have stood by us in the past several decades as we fought for the freedom of Robert King, Herman Wallace and Albert Woodfox, and against the torture that is solitary confinement, we are more grateful than words can express.
It has been a long journey and there have been many milestones along the way. Movies have been made, books have been written, institutions and non-profit organizations have joined the struggle, legal assistance has ebbed and waned, but throughout, the coalition and its supporters have never stopped taking action to change the state of solitary confinement and freedom for Albert.
Last Friday, on February 19th 2016 those actions culminated in Albert's freedom. Albert is absolutely, 100% free! Below is just some of the remarkable media coverage that is circulating the globe.
Please Give To Albert's Fund
As we celebrate that ALL THE ANGOLA 3 ARE FREE please join us in laying the foundation for Albert's new life. We'll never be able to make up for over four decades in solitary but those of us in minimum security know how costly life out here is. 100% of all donations will be given directly to Albert.
Well, joining us now in a broadcast exclusive from New Orleans PBS station WLAE is Albert Woodfox himself, giving his first televised interview since his release on Friday. Also joining us there is Robert King, the other surviving member of the Angola 3. And Albert Woodfox’s attorney, Billy Sothern, also joins us from New Orleans.
We welcome you all to Democracy Now! Albert Woodfox, how does it feel to be free?
ALBERT WOODFOX: I haven’t quite figured it out yet, but it feels great.
AMY GOODMAN: Well, can you talk about what happened on Friday as you left the parish jail in New Orleans? This was after 45 years in prison, 43 years in solitary confinement. You’re the longest-standing prisoner in solitary confinement in the United States.
ALBERT WOODFOX: I guess, you know, for a moment there, everything seemed surreal. And we had to sit around, about an hour and some, waiting on the final documents to be faxed to the West Feliciana detention center. And when that finally happened and, you know, my brother and my attorneys, they walked out with me, and family and friends began to express joy and excitement. And we got in my brother’s car, and we slowly drove. And we answered a few questions, and then we proceeded to go say goodbye to my mother...
Now on Saturday morning, he was sitting in a hotel suite alongside one of his brothers and members of the legal team that had worked for years for his release. He was calm, composed, steady as a surgeon, but one imagines that survival would have been impossible without this sort of disposition.
“I don’t think I ever felt that I would die in prison,” Mr. Woodfox, who is black, said. But he acknowledged: “As the years passed, it became more difficult to feel that way.”
The Louisiana State Penitentiary, the 18,000-acre prison in an elbow of the Mississippi River, is known familiarly as Angola. This was the name for the cotton plantation that once occupied the same grounds, itself named for the part of Africa where the plantation’s slaves had come from. It is the largest maximum-security prison in the country, and in the early 1970s it was possibly the bloodiest.
“Almost every day, somewhere in the prison, somebody was getting stabbed or killed or beat with an iron pipe,” Mr. Woodfox recalled.
In his first interview since being released from West Feliciana parish detention center in Louisiana, Woodfox told the Guardian that in 1972, when he was put into “closed cell restriction”, or CCR, he made a conscious decision that he would survive. He and his comrades from the so-called Angola 3, Herman Wallace and Robert King, made a vow to be strong. “We made a conscious decision that we would never become institutionalized,” he said. “As the years went by, we made efforts to improve and motivate ourselves.” The key, he said, was to stay connected to what was happening in the outside world. “We made sure we always remained concerned about what was going on in society – that way we knew that we would never give up. I promised myself that I would not let them break me, not let them drive me insane.”
For the first time in nearly half a century, Albert Woodfox was allowed to sit up front.
The 69-year-old member of the Angola 3, who was released Friday after spending most of his life in solitary confinement, said one of his first impressions of the world outside prison was having a wide, front-seat view of the landscape as his brother drove him away from jail.
“It felt strange because I was sitting in the front of his car rather than the back of a van,” Woodfox told The Advocate on Saturday in New Orleans, just over 24 hours since his historic release...
...Woodfox said he plans to start a community-based organization to aid people recently released from prison and to persuade lawmakers to move forward with progressive prison reform.
And he also hopes to correct the picture that’s been made of him as violent troublemaker. He claims he went almost 20 years without a disciplinary write-up.
“I’m not the monster that I was portrayed to be,” he said.
Woodfox sat mostly still Saturday, sometimes raising a hand to make a point or touch his face. His brother, Michel Mable, had warned Woodfox was feeling overwhelmed. But Woodfox's voice was steady. He's lost his composure only one time since walking out of jail Friday, Woodfox said. It was when he hugged his daughter for the first time.
"That was something," he said, tucking his head into both his fists.
Adjusting to the outside may take some time, he said, but he's doing OK. He recognizes the streets of New Orleans, but the roadway seems narrower as buildings he doesn't recognize have popped up.
Woodfox's daughter, with whom he has only recently started to build a relationship, cooked his requested meal: cream corn, prepared the way his late mother used to make it, with rice and smoked sausage.
He credits the teachings of the Black Panther Party and his bond with Wallace and King for his mental survival through years of solitary confinement, referred to by the Louisiana Corrections Department as "closed-cell restriction." "It's like we had some kind of magical connection," he said of Wallace and King. "We knew we had to turn outward, and stay connected to society and not become institutionalized."
Just moments ago, Albert Woodfox, the last remaining member of the Angola 3 still behind bars, was released from prison 43 years and 10 months after he was first put in a 6x9 foot solitary cell for a crime he did not commit. After decades of costly litigation, Louisiana State officials have at last acted in the interest of justice and reached an agreement that brings a long overdue end to this nightmare. Albert has maintained his innocence at every step, and today, on his 69th birthday, he will finally begin a new phase of his life as a free man.
In anticipation of his release this morning, Albert thanked his many supporters and added: “Although I was looking forward to proving my innocence at a new trial, concerns about my health and my age have caused me to resolve this case now and obtain my release with this no-contest plea to lesser charges. I hope the events of today will bring closure to many.”
(PHOTO: Tabling at the Amnesty Art for Rights event in New Orleans, December 2015)
We want to send thanks from Albert and Robert to Amnesty activists for December's Write for Rights campaign. Albert enjoyed receiving the thousands of letters and postcards which were delivered to him in sacks! We kept him up to date with photos of the country activities including his "cut out" in front of London's landmarks, the first screening of the documentary Cruel and Unusual in the Louvre Paris and the art event in New Orleans.
On the legal front, Albert's legal teams have filed their appeal of the overturning of Judge Brady's unconditional Writ with the U.S. Supreme Court. They continue to prepare for Albert's retrial, though no date has been set. The civil trial is still scheduled to begin June 27th of this year.
In St. Francisville, still behind solitary walls, Albert awaits the status of a slate of appeals of rulings pending in Louisiana's 1st Circuit Court of Appeal from September that began to set up the legal and procedural landscape for the retrial.
Unfortunately, the first of these decisions came a few days ago and served to overturn Judge Carmichael's decision requiring Albert's retrial jury to be unanimous. Despite the fact that he was afforded a unanimous jury in both of his first two trials, only 10 of 12 jurors will be required to convict or acquit him in the third. Louisiana is one of only two states that allow non-unanimous juries to hand down life sentences. Many think eventually the law will be declared unconstitutional, but not in time for Albert. His legal team is appealing this decision to the Louisiana Supreme Court.
Never Silenced, Herman Wallace's Spirit is Smiling --An interview with filmmaker Angad Singh Bhalla
By Angola 3 News
Canadian filmmaker Angad Singh Bhalla has never shied away from examining politically controversial topics. Nor does he play down his own artistic goal of using media to foster political change. Bhalla's first independent work, entitled U.A.I.L. Go Back amplified the voices of Indian villagers resisting an alumina project backed by the Canadian company Alcan. The film became an important organizing tool used to pressure Alcan into ending its involvement in the project.
Bhalla has since co-founded Time of Day Media.and while working as a community organizer for immigrant rights, he produced videos for the Service Employees International Union, Working America, the Center for Constitutional Rights and other groups. His award-winning short on the lives of Indian street artists, Writings on the Wall, was broadcast on Canada’s Bravo! and Al Jazeera English.
Bhalla's debut feature documentary was the 2012 film Herman’s House, about Herman Wallace of the Angola 3 and the collaborative project Wallace worked on with artist Jackie Sumell, entitled The House That Herman Built. The film screened at more than 40 festivals, was distributed theatrically in the US and Canada, and won an Emmy Award for its 2013 POV broadcast on PBS.
In this interview, filmmaker Angad Singh Bhalla discusses his latest film, The Deeper They Bury Me, while also reflecting upon his 2012 film Herman's House, his personal relationship with Wallace and more. Bhalla concludes the interview with a focus on the call by Amnesty International and the International Coalition to Free the Angola 3 for the immediate release of Albert Woodfox, who is the last of the Angola 3 behind bars. Despite three overturned convictions, Woodfox remains in prison and in solitary confinement, where he was first placed over 43 years ago.
(VIDEO: Coverage of the panel discussion following a recent screening of The Deeper They Bury Me at the 53rd New York Film Festival. Photos from this event by Lindsey Seide/NFB are featured below alongside still images taken from the film itself.)
Join Amnesty International USA in New Orleans on December 12, from 10am to 6pm, to celebrate art, human rights and international solidarity. As part of the organization’s annual “Write for Rights” campaign, Amnesty International USA is partnering with New Orleans native, Brandan “BMike” Odums to host an “Art for Rights” pop-up exhibition at Studio Be, 2925-2999 Royal Street in New Orleans. Attendees will not only have the opportunity to write letters on behalf of prisoners and human rights defenders from around the world, they will witness the creation of 12 different murals honoring the struggles and activism of individuals on whose behalf Amnesty works.
Art can be a cultural tool during times of unrest to expose truths, helping to humanize social struggle and actualize grievances and fears. Often, it is what inspires us to action.
Amnesty has chosen to hold the inaugural event in New Orleans where Albert Woodfox, one of the 12 cases featured in this year’s Write for Rights campaign, has been held in solitary confinement for over 40 years.
Robert King, the first freed member of the Angola 3, will be joining BMike as the keynote speaker.
Art For Rights Saturday, December 12th, 2015 10am – 6pm StudioBe 2925-2999 Royal Street New Orleans, LA
While the National and International community rally to the support of Albert Woodfox, time seems to have stood still in Louisiana where the long struggle to achieve freedom for Albert Woodfox after four decades in solitary confinement for a crime he did not commit drags on nearly three years after a federal judge once again overturned Albert's conviction.
In France, the newly released " Cruel and Unusual" updates "In the Land of the Free" and digs more deeply into the arcane mode of punishment that reaches new levels of abuse in the United States- decades of solitary confinement and the results there of.
Meanwhile, Amnesty chapters both nationally and internationally urge their members to Write for the Rights of political prisoners with a special focus on twelve prisoners world-wide, including Albert Woodfox. There will be kick off events globally and Robert King will be urging letter writers on via Skyped interviews with student sections in Holland and the U.S.
As the year draws to a close, a year we were certain we would see Albert released- we pray for many things- world peace, homes for the dispossessed everywhere and freedom from fear, racism and hatred at home and abroad and finally, finally, finally.... freedom for Albert Woodfox and the too many political and economic prisoners held in gulags around the country.
Today, in conjunction with the "Write for Rights" campaign, Amnesty International USA issued an email action alert focusing on Albert Woodfox, where Amnesty reiterated the organization's call for Albert's immediate release.
Along with urging supporters to add their name to Amnesty's online petition to Louisiana Attorney General James Caldwell, Amnesty is also asking people to write letters to both AG Caldwell and to Albert, with a sample letter and other information available here.
On November 7, a protest march in support of Albert was held in London, England. The following week, following the US Fifth Circuit Court's ruling that Albert can face a third trial, both Amnesty USA and UK issued responses.
Featured below and reprinted in full, is today's email alert sent out by Amnesty USA Senior Campaigner Jasmine Heiss:
There is no other way to describe what's happening to Albert Woodfox - he is trapped in a nightmare.
US 5th Circuit Court Reverses Judge Brady in Bitterly Divided 2-1 Decision
Like Albert, many of you probably awoke to the news that yesterday evening a bitterly divided panel of the 5th Circuit Court of Appeals reversed Judge Brady's June 8th unconditional Writ ordering his release and barring a retrial.
Albert's conviction will remain overturned, but there is no longer any doubt that he will be retried a third time by the State of Louisiana, only miles from the solitary cell where he's spent the bulk of his life.
In a stunning dissent, printed in its entirety below, Judge James Dennis passionately argued against the majority for Albert's freedom--sharing both Judge Brady's view of the exceptional injustice represented by this case and his "lack of confidence in the State to provide a fair third trial."
A3 Newsletter: Judge Rules for DNA Testing and Fingerprint Analysis but Against the Change of Venue and Dismissing the Case
This morning in St. Francisville Judge Carmichael of West Feliciana Parish's 20th Judicial District Court made the first determinations about what the legal landscape will look like if Judge Brady's "unconditional Writ" is overturned and Albert faces a third trial.
The good news is that the judge agreed to require a unanimous jury decision, to allow DNA testing of all evidence still in the State's possession that may contain adequate sample sizes for modern analysis, and to give Albert's defense team access to any fingerprint files the State possesses from Angola at the time of the murder. He also agreed to give Albert's defense team a chance to privately review (under seal) letters from the latest grand jury foreperson expressing "serious misgivings" about the "process" in order to assess whether or not the most recent indictment itself, hastily obtained in February of 2015 before the federal appeals process had fully played out, may have once again been improperly obtained.
Overall though, it was not a good day for Albert, or for justice, in St. Francisville. In a curt, 45 minute hearing (originally scheduled for two full days) the judge rejected a solid majority of Albert's 16 pre-trial motions designed to create a fair evidentiary and procedural playing field for any potential retrial. Albert's motion to quash, change the venue, and run the print evidence through the FBI's expanded AFIS database were all quite unceremoniously denied. Critically, so were Albert's requests to exclude all the now impeached, debunked, and discredited testimony presented at previous trials by Hezekiah Brown and the State's other key witnesses. Though Albert will be allowed to present impeachment evidence to a new jury, the jurors will never able to see how these now deceased witnesses respond and react on the stand when confronted with their own lies, obfuscations, and omissions from previous testimony.
A3 Newsletter: A Third Chance for Justice in State Court - The Critical Importance of Setting the Right Evidentiary and Procedural Scene for a Fair Retrial
Though it is an incredibly unusual, and often confusing situation, the legal reality is that Albert is fighting for permanent, unconditional release concurrently on two separate legal tracks - one in federal and the other in state court. As we all wait to hear whether the Fifth Circuit Court of Appeals will uphold federal Judge Brady's June 8th "unconditional Writ," a third attempt to prosecute Albert in state court for the crime he continues to maintain he's innocent of is already, simultaneously, underway.
Next Monday, September 21st at 9:30am at the Courthouse in St. Francisville, the state court track will take a huge leap forward as Judge Carmichael of West Feliciana Parish's 20th Judicial District Court decides what a new playing field will look like after each side presents what they believe to be the key ingredients needed to ensure a just potential third trial.
(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!!)
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.
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.
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.
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.
(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.
