Angola 3: Time for justice is now!

June 19, 2012 SF Bay View

by the International Coalition to Free the Angola 3

Albert Woodfox returns to court

Albert Woodfox and Herman Wallace of the Angola 3

 

On Tuesday, May 29, Albert Woodfox began a three-day hearing that may result in his conviction being overturned for a third time. Proceedings began at 9 a.m. in Courtroom 1 at the U.S. District Court in Baton Rouge and continue through Thursday, May 31. Albert will be present for the proceedings, and the hearing is open to the public.

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

The well known facts of the Angola 3 case will not be debated; all that will be examined is whether or not people of color were discriminated against during the grand jury selection process. This means instead of murder mystery theatre, witnesses will mostly discuss compositions of the pool of grand jury forepersons in the parish where Albert was indicted.

Expert witnesses will discuss statistical analysis and methodology, the demographics of the community and the sociological mechanics of how discrimination can play out in the criminal justice system. If successful, this claim could serve to overturn Albert’s conviction for a third time.
Judge James A. Brady, the same judge who overturned Albert’s conviction the second time in 2008, will preside. That ruling was ultimately reinstated on appeal by the U.S. 5th Circuit Court of Appeals who cited AEDPA-gutted habeas protections that limit federal power that allowed them to defer judgment to Louisiana.

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

For more on the case, go to http://www.angola3.org/thecase.aspx. View and download a new Angola 3 flyer updated to be used as an organizing resource at http://www.indybay.org/newsitems/2012/05/17/18713711.php.

Amnesty International delivers Angola 3 petitions, but Gov. Jindal refuses to meet with the delegation

Amnesty International and Angola 3 supporters delivered a petition signed by over 67,000 people in 125 countries to Gov. Bobby Jindal, who refused to meet with them, on April 17, 2012. Robert King is on the left. – Photo: International Coalition to Free the Angola 3

 

On April 17, Amnesty International was joined by a delegation of supporters, holding a press conference at the Louisiana State Capitol building in Baton Rouge, La., and hand delivering to Gov. Bobby Jindal’s office the petition initiated by Amnesty International demanding the immediate release of Herman Wallace and Albert Woodfox from solitary confinement.

Gov. Jindal refused to meet with the delegation despite several attempts made by Amnesty International to contact him in the weeks leading up to the petition delivery.

In a statement released that day, Amnesty International USA Southern Office Regional Director Everette Harvey Thompson argued that “the 40-year isolated incarceration of these two men is scandalous. There is no legitimate penal purpose for keeping these men in solitary. Louisiana authorities must end this inhumanity.”

The day before, Thompson told Between the Lines: “We’ve contacted Gov. Jindal’s office many times over the past couple of weeks, requesting a meeting to discuss the case of the Angola 3, to inquire about the use of solitary confinement in this case, and there’s been no response. Gov. Jindal has the opportunity to stand on the right side of justice and order removal of Albert and Herman from isolation. We really hope he will take heed and make some moves.”

Herman and Albert each prepared statements for April 17. Herman reflected: “Exactly 40 years ago today, April 17, we will have been incarcerated for 40 years in solitary confinement in the USA. This is nothing new to Albert and I, nor to hundreds of thousands in U.S. prisons.” Commenting on the effects of solitary, Albert said: “To be honest I am not sure what damage has been done to me, but I do know that the feeling of pain allows me to know that I am alive. If I dwelled on the pain I have endured and stopped to think about how 40 years locked in a cage 23 hours a day has affected me, it would give insanity the victory it has sought for 40 years.”

Amnesty International USA Southern Office Regional Director Everette Harvey Thompson argued that “the 40-year isolated incarceration of these two men is scandalous. There is no legitimate penal purpose for keeping these men in solitary. Louisiana authorities must end this inhumanity.”

That morning Robert King was interviewed live by Democracy Now! and many others have reported on the 40-year anniversary, including BBC, The Guardian UK, Mother Jones, and KPFA’s Africa Today (http://www.kpfa.org/archive/id/79267 and http://www.kpfa.org/archive/id/80376).

Angola 3 supporters, on the 40th anniversary of the men’s consignment to solitary confinement torture, spelled out their message to the world that 40 years is way too long. Will the judge and the governor agree? – Photo: International Coalition to Free the Angola 3

 

Following the event, King writes that “standing on the State Capitol steps on Tuesday, 17 April, I felt the power of the people, of 65,000 people and more – all those who have supported the Angola 3 over the years were also with us. We could not be ignored – the media were there and wanted to report on this; organizations stood by our side in support. Amnesty’s presence was felt.

“For me the day was bitter sweet, bitter with a deep sadness that we were marking this day but sweet seeing the years of efforts and struggle culminating in this day. The tide is changing and the time for change is now. We have the wind at our back and we need to keep on moving.”

We want to thank everyone who has supported this campaign! Among the powerful lineup of Angola 3 supporters at the petition delivery and press conference were Alfreda Bester-Tillman, Esq., from the Baton Rouge Chapter of the NAACP, Pastor Kathleen Bacon from the Slidell Chapter of the National Action Network, U.S. Representative Cedric Richmond and State Representative Patricia Haynes-Smith, chair of the Louisiana Legislative Black Caucus.

View more photos from the State Capitol and read the full statements by Robert King, Herman Wallace and Albert Woodfox at http://neworleans.indymedia.org/news/2012/05/16795.php. Join our new Facebook page for all the latest news.

Send our brothers some love and light: Herman Wallace, 76759, Elayn Hunt Correctional Center, CCR-D-11, P.O. Box 174, St. Gabriel, LA 70776; Albert Woodfox, 72148, David Wade Correctional Center, N1A3-670, Bell Hill Rd, Homer, LA 71040; Robert King c/o Kings Freelines, 2008 New York Ave. #B, Austin, TX 78702, kingsfreelines101@gmail.com, (512) 473-0680.

DAY TWO: Albert Woodfox of the Angola 3's evidentiary hearing that could overturn his conviction for a third time

May 31, 2012 OpEd News

This is a short report about Albert Woodfox's second day in court for an evidentiary hearing, on Wednesday, May 30. Written by the International Coalition to Free the Angola Three.
 

(Photo from April 17, 2012 of the delegation led by Amnesty International  delivering a 67,000 signature petition demanding Albert Woodfox's and Herman Wallace's immediate release from solitary confinement. Governor Jindal refused to meet with the delegation, and referred the issue to the Department of Public Safety and Corrections. In response, Amnesty has launched a new online petition directed to the Secretary of that department, James M. LeBlanc, calling for Albert and Herman's immediately release from solitary. Please sign the Amnesty International petition here .)



Report from Albert Woodfox's Evidentiary Hearing
--DAY TWO: Wednesday, May 30

Midday the State rested their case, and both sides requested that the judge rule that the other had not met their burden and end the proceedings then and there.  To avoid another delay in the proceedings for him to consider these motions, Judge Brady instead asked Albert's legal team to proceed with the presentation of their case for the record while everyone was already assembled and promised to decide the pending motions sometime later.

Albert's first expert witness was Dr. Marx, a statistician with a mountain of unimpeachable credentials who very artfully and clearly explained the heart of why the State's numbers don't show discrimination in the selection of the grand jury foreperson but Albert's do.  The different results stem from a fundamental disagreement about not just the methodology and methods, but the very population to be examined in the first place.

The baseline group the State is using to calculate whether there was discrimination in the selection of the grand jury by race is based on broad census numbers of eligible voters, minus illiterates, but without adjusting for any of the other many factors used to qualify and seat voters for jury duty.  In contrast, Albert's expert relied upon the actual numbers of people who were called and found willing and able to serve as jurors as his base data pool for analysis.  He made a credible and compelling argument that this more exact, case specific base number provided the only accurate, reliable result and demonstrated a strong, statistically significant pattern of racial discrimination in the selection of the forepersons in West Feliciana during the time of Albert's retrial that simply cannot be explained by chance.

Testimony continues tomorrow as the third and final day of Albert's third bid for freedom continues.

MORE INFO ABOUT EVIDENTIARY HEARING:

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

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

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

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

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

(A3 Collage from http://www.itsabouttimebpp.com)

www.angola3news.com
Over 39 years ago in Louisiana, 3 young black men were silenced for trying to expose continued segregation, systematic corruption, and horrific abuse in the biggest prison in the US, an 18,000-acre former slave plantation called Angola. In 1972 and (more...)

Where's The Evidence?

Angola 3 Newsletter:  May 29, 2012   International Coalition to Free the Angola 3 VISITING WITH HERMAN: From left to right are Herman's sister Vicki Wallace, Herman Wallace, Jackie Sumell, Emily Posner, Angad Bhalla. Emily reports that "our group visited with Herman for the full day on Sunday, May 27, 2012. Conversation was lively and filled with hope around Albert's upcoming evidentiary hearing in Baton Rouge. Albert and Herman are currently being housed in adjacent tiers, and have been able to communicate for the first time in three years." Albert is with Herman at Elayn Hunt Correctional Center, in St. Gabriel for his hearing. He returns to David Wade Correctional Center in Homer on Friday. Amnesty International Launches New Action as Albert Woodfox's Court Hearing Begins Today Albert Woodfox will appear in court in Baton Rouge, Louisiana, seeking his conviction to be overturned for a third time. As we start this three-day evidentiary hearing, Amnesty International has released a statement about the significance of this hearing for Albert and everyone else's  "right to trial, in full equality and free from discrimination, before a competent, independent and impartial tribunal." A3 supporters are invited to attend the May 29-31 hearing (read more here).  Determined to secure justice for the Angola 3, today Amnesty will simultaneously launch the second stage of their campaign demanding Albert Woodfox and Herman Wallace's immediate release from solitary confinement. Amnesty's new online petition is calling for James M. LeBlanc, the Secretary of the Department of Public Safety and Corrections to account for his comments that Herman and Albert were being kept in solitary to protect prison employees, other inmates and visitors. Amnesty asks "where's the evidence?"    We thank all of our supporters who signed the earlier petition to Governor Jindal and now ask you to please take action by signing the new petition to Secretary LeBlanc. *Amnesty International's new petition and statement about Albert's court hearing are reprinted in full below. *Keep updated by visiting our brand new Free All The Angola 3 facebook page.   USA: Crucial Hearing Could See Angola 3's Albert Woodfox Freed (Posted by Amnesty International on May 28 2012)  40 years in solitary confinement could end A three-day evidentiary hearing into a claim of racial discrimination in the selection of the grand jury foreperson prior to the 1998 retrial of Albert Woodfox is due to begin in a federal court in Baton Rouge, Louisiana tomorrow (29 May). A ruling in his favour could result in Albert Woodfox's conviction being overturned for the third time, and could secure his release from prison after being held in solitary confinement for 40 years. Albert Woodfox was convicted in 1973 - along with a second prisoner, Herman Wallace - of the 1972 murder of a prison guard called Brent Miller. Both men, who have vigorously denied involvement in the crime, were placed in solitary confinement in Closed Cell Restriction at Louisiana State Penitentiary (known as Angola prison). A third man, Robert King, who was accused of a different crime, was also held in these conditions and the three were jointly known as the "Angola 3". King was released in 2001 after serving 29 years in solitary. Meanwhile, Woodfox's conviction was overturned in 1992, but he was re-indicted and convicted again at a 1998 trial. In 2008, a federal District Court judge ruled that Woodfox had been denied his right to adequate assistance of counsel at his 1998 retrial and ordered the state to re-try or release him. The District Court had also found that his lawyers had made a prima facie case of discrimination in relation to the selection of the grand jury foreperson, and that this warranted a federal evidentiary hearing to give the state an opportunity to rebut the claim. The state appealed against the District Court order for a retrial and in June 2010 a three-judge panel of the Court of Appeals for the Fifth Circuit overturned the decision. The case was remanded to the District Court for an evidentiary hearing on the grand jury discrimination claim: it is this hearing that is about to begin. The foreperson of the grand jury that indicted Albert Woodfox for his 1998 retrial was white. Woodfox's lawyers have presented evidence of the consistent under-representation of African Americans serving as grand jury forepersons compared to their numbers in the general population of the parish in which Albert Woodfox, who is himself African American, was tried. Amnesty International considers the issue of discrimination in the selection of the grand jury foreperson to be a significant one. The right to trial, in full equality and free from discrimination, before a competent, independent and impartial tribunal lies at the heart of due process of law and requires that justice must not only be done, it must also be seen to be done. Actual impartiality and appearance of impartiality are both fundamental for maintaining respect for the administration of justice. The organisation will continue to monitor developments in this case. On 17 April, Amnesty submitted a petition to the Governor of Louisiana with over 67,000 signatures from individuals in 125 countries urging that Albert Woodfox and Herman Wallace be removed from long term isolation. Take Action and Ask the Department of Corrections --Where's the Evidence? The Angola 3. Left to right: Herman Wallace, Robert H. King, and Albert Woodfox. Sign petition here! (below is the full text of the new petition and accompanying statement by Amnesty Intl.) On April 17th, Amnesty International submitted a petition to the Governor of Louisiana with over 67,000 signatures from individuals in 125 countries demanding that Albert Woodfox and Herman Wallace be removed from long term isolation. The two men have spent nearly 40 years in solitary confinement in Closed Cell Restriction (CCR) at Louisiana State Penitentiary (known as Angola prison). Despite the overwhelming number of signatures in the petition, and the presence of representatives from local and national organizations as well as political figures, Governor Jindal refused to meet with the delegation, and referred the issue to the Department of Public Safety and Corrections. The Secretary of the Department, James M. LeBlanc, in turn justified their continued placement in CCR by stating that they were a danger to prison employees, other inmates and visitors.  He also denied that conditions for the men were inhumane. After years of working on the case, Amnesty International is not aware of ANY evidence to suggest that the men are a danger to themselves or to others. Prison records show that neither man has committed any serious disciplinary infraction for decades nor do the prison mental health records demonstrate that they pose a threat to themselves or others. Amnesty International is firm in its belief that conditions for the men in CCR - 23 hour cellular confinement in stark, tiny cells; limited access to books, newspapers and TV; no opportunities for mental stimulation, work and education; occasional visits from friends and family and limited telephone calls - amounts to cruel, inhuman and degrading treatment. PHOTO: Campaigners handing over a petition signed by more then 67,000 people in over 125 countries to the Governor of Louisiana, 17 April 2012. © Amnesty International  Hold Secretary LeBlanc to account and add your voice to the 67,000 others to demand that the men be removed from long term isolation. (full text of online petition below) On 17 April 2012, you issued a statement that Albert Woodfox and Herman Wallace are held separately from other prisoners to protect prison employees, other inmates and visitors. Where is the evidence to back up this statement? Records show that neither man has committed any serious disciplinary infraction for decades. Prison mental health records indicate that the men pose no threat to themselves or to others. In a recent report, the UN Special Rapporteur on Torture condemned prolonged isolation as amounting to torture or inhuman and degrading treatment. He refers to the case of Albert Woodfox and Herman Wallace in his report. Along with over 67,000 others who signed a petition to Governor Jindal, I urge you to remove Albert and Herman from isolation. Keep in Touch with Herman and Albert   Albert Woodfox #72148            Herman Wallace #76759 David Wade Correctional Center        Elayn Hunt Correctional Center N1 A3                                                        CCR D #11 670 Bell Hill Road                                    PO Box 174 Homer, LA  71040                                  St. Gabriel, LA  70776

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Angola 3 Newsletter: Time for Justice is Now!

International Coalition to Free the Angola 3 Albert Woodfox Upcoming Court Date for Albert Woodfox On Tuesday, May 29th, Albert Woodfox will begin a 3 day hearing that may result in his conviction being overturned for a third time. Proceedings will begin at 9am in Courtroom 1 at the US District Court in Baton Rouge and continue through Thursday, May 31st. Albert will be present for the proceedings, and the hearing is open to the public. Please remember if attending that the Federal Court strictly enforces a more formal, conservative dress code (no short skirts or shorts of any kind, even with tights, no bare upper arms, sleeveless, or low cut shirts) and requires that observers don't react, either visibly or audibly, to anything the might see or hear in the courtroom. Also security is tight, so bring only your ID, car keys, and a pen and paper into the courthouse. There is limited seating in the courtroom so if you arrive and are turned away, consider your show of support a success and try coming back the next day! Unlike the first and second time that Albert's conviction was overturned based on judges who cited racial discrimination, prosecutorial misconduct, inadequate defense, and suppression of exculpatory evidence during his first trials for the 1972 murder of Brent Miller, this proceeding will seek to overturn based on apparent discrimination in the selection of a grand jury foreperson during his 1998 retrial. The well known facts of the A3 case will not be debated; all that will be examined is whether or not people of color were discriminated against during the grand jury selection process. This means instead of murder mystery theatre, witnesses will mostly discuss compositions of the pool of grand jury forepersons in the Parish where Albert was indicted. Expert witnesses will discuss statistical analysis and methodology, the demographics of the community, and the sociological mechanics of how discrimination can play out in the criminal justice system. If successful, this claim could serve to overturn Albert's conviction for a third time. Judge James A. Brady, the same judge who overturned Albert's conviction the second time in 2008, will preside. That ruling was ultimately reinstated on appeal by the U.S. 5th Circuit Court of Appeals who cited AEDPA-gutted habeas protections that limit federal power that allowed them to defer judgment to Louisiana. Although there are no time limits officially imposed by law, Brady is expected to rule before the end of 2012. For more on the case, read A Crim Case 5 & 6. View/download a new A3 flyer updated to be used as an organizing resource here.  Amnesty International delivers A3 petitions but Gov. Jindal refuses to meet with the delegation   Photo of the delegation after delivering petitions. On April 17, Amnesty International was joined by a delegation of supporters, holding a press conference at the Louisiana State Capitol building in Baton Rouge, LA, and hand delivering to Governor Bobby Jindal's office the petition initiated by Amnesty International demanding the immediate release of the Herman Wallace and Albert Woodfox from solitary confinement. Governor Jindal refused to meet with the delegation despite several attempts made by Amnesty International to contact him in the weeks leading up to the petition delivery. In a statement released that day, Everette Harvey Thompson, Southern Office Regional Director of Amnesty International USA, argued that "the 40-year isolated incarceration of these two men is scandalous. There is no legitimate penal purpose for keeping these men in solitary - Louisiana authorities must end this inhumanity." The day before, Thompson told Between the Lines: "We've contacted Gov. Jindal's office many times over the past couple of weeks, requesting a meeting to discuss the case of the Angola 3, to inquire about the use of solitary confinement in this case, and there's been no response. Gov. Jindal has the opportunity to stand on the right side of justice and order removal of Albert and Herman from isolation. We really hope he will take heed and make some moves." Herman and Albert each prepared statements for April 17. Herman reflected: "Exactly 40 years ago today, April 17, we will have been incarcerated for 40 years in solitary confinement in the USA. This is nothing new to Albert and I, nor to hundreds of thousands in US prisons." Commenting on the effects of solitary, Albert said: "To be honest I am not sure what damage has been done to me, but I do know that the feeling of pain allows me to know that I am alive. If I dwelled on the pain I have endured and stopped to think about how 40 years locked in a cage 23 hours a day has affected me, it would give insanity the victory it has sought for 40 years." That morning Robert King was interviewed live by Democracy Now! and many others have reported on the 40 year anniversary, including BBC, The Guardian UK, Mother Jones, and KPFA's Africa Today (1,2). Following the event, King writes that "standing on the State Capitol steps on Tuesday 17 April, I felt the power of the people, of 65,000 people and more - all those who have supported the Angola 3 over the years were also with us. We could not be ignored - the media were there and wanted to report on this, organizations stood by our side in support. Amnesty's presence was felt. For me the day was bitter sweet, bitter with a deep sadness that we were marking this day but sweet seeing the years of efforts and struggle culminating in this day. The tide is changing and the time for change is now. We have the wind at our back and we need to keep on moving." We want to thank everyone who has supported this campaign! Among the powerful lineup of A3 supporters at the petition delivery and press conference were Alfreda Bester-Tillman, Esq. from the Baton Rouge Chapter of the NAACP, Pastor Kathleen Bacon from the Slidell Chapter of the National Action Network, US Representative Cedric Richmond and State Representative Patricia Haynes-Smith, Chair of the Louisiana Legislative Black Caucus. Please stay tuned for our next action! Join our new Facebook page for all the latest news. View more photos from the State Capitol and read the full statements by Robert King, Herman Wallace, and Albert Woodfox here. A3 supporters in front of Louisiana Capitol building.  Angola 3 event with Robert King at UC Hastings College of the Law in San Francisco, California On April 6, we organized a public forum, entitled "The Outer Limits of Solitary Confinement," co-hosted by the Hastings chapter of the National Lawyers Guild and the Hastings Race and Poverty Law Journal. While marking the 40th year of solitary and the then upcoming Amnesty International petition delivery, the event also focused on the California Hunger Strikers. Special thanks to our co-hosts, speakers, and everyone attending! Read more about the event here. Watch our edited, 24 minute video of the two-hour event here. Professor Angela A. Allen-Bell speaks at the State Capitol press conference on April 17.  Upcoming Law Journal Article on Prolonged Solitary Confinement Viewed Through the Lens of the Angola 3 Case Law professor Angela A. Allen-Bell, based out of Baton Rouge, Louisiana, spoke at the April 17 press conference and was part of the delegation that delivered the petition. She has also written an article about the Angola 3, to be published in the upcoming Spring issue of the Hastings Constitutional Law Quarterly. Bell's article is entitled "Perception Profiling & Prolonged Solitary Confinement Viewed Through the Lens of the Angola 3 Case: When Prison Officials Become Judges, Judges Become Visually Challenged and Justice Become Legally Blind." David A. Newton, the Editor in Chief of the Constitutional Law Quarterly recently spoke about Professor Bell's article at our April 6 event "The Outer Limits of Solitary Confinement." He announced that when published early this summer, it will be available online. Once published, Professor Bell can also be contacted for a copy via email: ABell@sulc.edu. Recently interviewed by KPFA's Africa Today show, she argued that the treatment of the Angola 3 is a violation of both federal and international law. Among the many types of violations she described is under the US Constitution's 14th Amendment's due process clause. She explains that "in the case of a person subjected to prolonged isolation, the due process clause affords them a hearing on a periodic basis and in Louisiana that's every 90 days." Furthermore,"there has to be some legitimate penoligical reason to keep that inmate in isolation. What is happening in these hearings, not just with the Angola 3, but also universally across the country is institutions are treating them as formalities" where "the hearing lacks any substance. The inmate really doesn't have a meaningful voice in this, and the prison of course doesn't have to really meet any burden of proof," and "articulate what a legitimate penological reason is. They only have to say 'we have some evidence, we have some reason for doing this' and courts have deemed that acceptable." "It amounts to nothing more than procedural automation in a legal assembly line where unfavorable reviews are mass-produced." This "completely undermines the due process clause because due process means" being "genuinely in search of a fair resolution," argued Bell.  Parnell Herbert interviewed about Angola 3 play After watching the important play entitled "Angola 3," reviewer Lloyd Dennis writes:  "I wouldn't call "Angola 3" entertainment, but Boo and I are both happy we went, and you will too. Herbert, whose work was done in conjunction with and with the full support of Robert King, Herman Wallace and Albert Woodfox the real Angola 3. Two of the great accomplishments of the production is the humanity it brings to men who are spending much if not the rest of their lives incarcerated, and the window into the inhumane and unjust situation we tolerate due to our insensitivity to that humanity." Afterwards he interviewed Playwright Parnell Herbert and Director Chakula Cha Jua. Watch the interview, with footage from the play here. Recent Documentary Films About the Angola 3 The Angola 3 Coalition welcomes and and is thankful to all those people who have taken an interest in the case of the Angola 3 and are using their skills to raise awareness of it. The film In the Land of the Free tells the story of all 3 men and the circumstances which have led to Herman Wallace and Albert Woodfox spending 40 years in solitary confinement. The film The House that Herman Built tells the compelling story Herman Wallace's relationship with an artist named Jackie Sumell and the project they created together.   The state of Louisiana is the world's prison capital On May 13, Cindy Chang of the Times-Picayune reported that "Louisiana is the world's prison capital. The state imprisons more of its people, per head, than any of its U.S. counterparts. First among Americans means first in the world. Louisiana's incarceration rate is nearly triple Iran's, seven times China's and 10 times Germany's." Chang writes further: "The hidden engine behind the state's well-oiled prison machine is cold, hard cash...Several homegrown private prison companies command a slice of the market. But in a uniquely Louisiana twist, most prison entrepreneurs are rural sheriffs, who hold tremendous sway in remote parishes...If the inmate count dips, sheriffs bleed money. Their constituents lose jobs. The prison lobby ensures this does not happen by thwarting nearly every reform that could result in fewer people behind bars. Meanwhile, inmates subsist in bare-bones conditions with few programs to give them a better shot at becoming productive citizens. Each inmate is worth $24.39 a day in state money, and sheriffs trade them like horses, unloading a few extras on a colleague who has openings." Read the full report here. Read the entire series "Louisiana Incarcerated: How we built the world's prison capital." ACLU Campaign Against Solitary Confinement The American Civil Liberties has created an important online resource for activist working against solitary confinement in US prisons. The organization's Stop Solitary website declares: "The ACLU, together with our state-based affiliates, scholars, activists, mental health experts, and faith-based organizations around the country, is engaged in a campaign to challenge the use of long-term solitary confinement - in the courts, in the legislatures, in reforms of correctional practice, and in the battle for public opinion. The goal of the Stop Solitary campaign is to limit and abolish the use of long-term solitary confinement in U.S. prisons, jails and juvenile detention centers." New Documentary Film About Solitary Confinement The National Religious Campaign Against Torture has released a new film about solitary confinement, entitled "Torture in Your Background." The filmmakers are asking for support in spreading the word about the film's release. Learn more about the project here. There will be a film screening along with several guest speakers Kehilla Community Synagogue in Oakland on May 24 at 7pm. Read more about the event here. New Campaign & Website: Birthing Behind Bars Each year, thousands of pregnant women enter jail or prison, and many of them give birth behind bars. And as they struggle through the pain of labor and the stress of delivery, some find themselves wrenching at restraints. As of March 2012, only sixteen states and the Federal Bureau of Prisons have passed legislation that limit or ban the shackling of women during labor and delivery. "I have never heard a woman tell the story of wanting to run during labor," says Tina Reynolds, co-founder and chair of Women on the Rise Telling HerStory (WORTH). "It's just not on their mind. Giving birth to our children in prison does not make them co-conspirators to our crimes." To call attention to this gross injustice, WORTH is launching Birthing Behind Bars--a national campaign to address pregnancy and other reproductive justice issues in prison. Partnering with media justice group Thousand Kites, we've developed a website that shares women's experiences with prison pregnancies via video, audio and plain text. The site, birthingbehindbars.org, also points to a hotline where visitors can record and share their own narratives. Check out the previous Angola 3 News interviews with co-founder Victoria Law here: 1, 2, 3, and a recent article reflecting upon the Mother's Day holiday, written by Law and co-founder Tina Reynolds, here.  New Poem by Devorah Major: The Power of the Angola 3 "If a cause is noble enough you can carry the weight of the world on your shoulders" --Albert  Woodfox Forty years Three life times bricked in, stunted- cemented into Angola prison lies boxed and hidden from light denied all dignity except that which they crafted on their own, mostly alone It is more than most of us can imagine, infinitely more than most of us could endure. Full of fire we chant of ongoing struggle learn multiple ways to understand and reveal  true revolution stand up for the oppressed and stand up against oppressors openly walk our streets and work through our days And at night as we crawl into our beds perhaps the scent of fresh sheets fills our noses perhaps a loved one's arms wrap around us and pull us close perhaps we dream of flying Inside those forty years I have birthed children Seen grandchildren emerge into this world bright and wailing from my daughter's womb watched my hair become sprinkled with gray amassed a wealth of laughter and experience amidst my tears Forty years How many times has the world turned while those three cleared shadows from their hearts and pushed terror from their brains Twenty-three hours each day housed in a box one hour, three times a week a walk around an outdoor cage to see a patch of sky- Three hundred and six four days every year to sharpen and redefine their cause, our cause the cause Revolution as more than slogan freedom as more than catchphrase justice as more than theory Imagine pacing the measured space they live in day after day, decade thru decade I step and count each foot, six by eight the size of a small bathroom Legs fully stretched I cannot walk four long full strides that alone tortures, crazes Cut that space with cot, metal bench And commode without cover or seat Add to that unsmiling, cold sentries standing watch each hour, all days Clenched icy steel Sometimes a radio rasp, television spit But hours of silence amidst the never ending cacophony of cells and locks prisoners and shackles How can spirit glide inside this confinement? For forty years these three men have taught us- the truth of revolution the heart of struggle the essence of strength the depth of resilience the weight of torture endured for true ideals, for a just cause for us and for all of our children By Devorah Major 4/12 --Born and raised in California but traveling throughout the United States and Europe, Asia and parts of the Caribbean, Devorah Major served as San Francisco Poet Laureate 2002 through 2006. In addition to being a poet she is a performer, lecturer, fiction and creative non-fiction writer, and editor. A trained actress and former dancer, she approaches poetry as both a written and performing art. In 2009 she completed a historical novella and accompanying non-fiction essay Freedom's Harvest: The Peter Smith Story, that is now traveling the nation looking for a publisher. 2009 also saw the release of two new chapbooks, Black Bleeds into Green and Amour Verdinia/ Verdinia Amour, a two-poet flip book with Opal Palmer Adisa. That was also the year that she completed and gave her first performance of Black Classic: African American Voices from 19th Century San Francisco. In 2005 Trade Routes, a symphony commissioned by the Oakland East Bay Symphony composed by Guillermo Galindo, with spoken word and chorus by Devorah Major was premiered at Oakland's Paramount theater. Devorah Major has performed solo, with jazz musicians, and as a part of Daughters Yam with Opal Palmer Adisa. In 2006 Ms. Major participated in an International Poetry Festival and Conference in Sarajevo, Bosnia. In 2007 she made a fourth trip to Italy to be a part of an international poetry festival presented by Casa della Poesia.  Keep in Touch with Herman and Albert   Albert Woodfox #72148            Herman Wallace #76759 David Wade Correctional Center        Elayn Hunt Correctional Center N1 A3                                                        CCR D #11 670 Bell Hill Road                                    PO Box 174 Homer, LA  71040                                  St. Gabriel, LA  70776

Torturous Milestone: 40 Years in Solitary

Constitutional claim may be the last chance for aging Angola 3 inmates. 
Apr. 17, 2012 —By James Ridgeway and Jean Casella Mother Jones

 

Herman Wallace (left) and Albert Woodfox with Angola prison in the 1970s (background) In the Land of the Free

On the world stage, Guantanamo may well stand as the epitome of American human rights abuses. But when it comes to torture on US soil, that grim distinction is held by two aging African American men. As of today, Herman Wallace and Albert Woodfox have spent 40 years in near-continuous solitary confinement in the bowels of the Louisiana prison system. Most of those years were spent at the notorious Angola Prison, which is why Wallace and Woodfox are still known as members of the Angola 3. The third man, Robert King, was released in 2001; his conviction was overturned after he'd spent 29 years in solitary.

Wallace and Woodfox were first thrown into the hole on April 17, 1972, following the killing of Brent Miller, a young prison guard. The men contend that they were targeted by prison authorities and convicted of murder not based on the actual evidence—which was dubious at best—but because they were members of the Black Panther Party's prison chapter, which was organizing against horrendous conditions at Angola. This political affiliation, they say, also accounted for their seemingly permanent stay in solitary.

For four decades, the men have spent at least 23 hours a day in cells measuring 6 feet by 9 feet. These days, they are allowed out one hour a day to take a shower or a stroll along the cellblock. Three days a week, they may use that hour to exercise alone in a fenced yard. Wallace is now 70; Woodfox is 65. Their lawyers argue that both have endured physical injury and "severe mental anguish and other psychological damage" from living most of their adult lives in lockdown. According to medical reports submitted to the court, the men suffer from arthritis, hypertension, and kidney failure, as well as memory impairment, insomnia, claustrophobia, anxiety, and depression. Even the psychologist brought in by the state confirmed these findings.

Over the past decade, as news of their situation spread, the Angola 3 have become an international cause célèbre. They have thousands of supporters, and their case has been taken up by several major human rights and civil liberties organizations, including Amnesty International, which intends today to deliver a 65,000-signature petition to Louisiana Gov. Bobby Jindal, demanding that Wallace and Woodfox be released from solitary into the general prison population.

Angola warden Burl Cain said he would keep Woodfox in lockdown regardless of his crimes: "I still know that he is still trying to practice Black Pantherism."

The Angola 3 have been the subject of two documentaries. In the Land of the Free, narrated by actor Samuel L. Jackson, came out in 2010. A brand new doc, Herman's House, premiered at the Full Frame Documentary Film Festival this past Saturday. It tells the story of Wallace's collaboration with a young artist—via letters and phone calls—to design the "dream house" he envisioned from his prison cell. The BBC also launched a radio documentary last week in anticipation of the anniversary, and the story has received international coverage, some of the earliest and most comprehensive coming from Mother Jones. (See here, here, and here.)

In each man's case, a federal judge has supported the claim that they did not receive fair trials. And although the state successfully appealed these decisions, the men are not through fighting to overturn their convictions. Meanwhile, a team of distinguished lawyers is pushing forward on a lawsuit claiming the men have been subjected to cruel and unusual punishment, in violation of the Constitution. In 2009, a US magistrate judge allowed the suit to proceed. A few years earlier, the same judge had noted that Wallace and Woodfox had been isolated for "durations so far beyond the pale that this court has not found anything even remotely comparable in the annals of American jurisprudence."

The civil suit also claims First Amendment violations, based on the contention that the men are being held in solitary for their political beliefs. By all accounts, it represents the pair's only hope of making it out of solitary alive. Elderly and frail, with decades of essentially clean disciplinary records, it's hard to imagine that Wallace and Woodfox could present any threat to prison safety. But they may present a threat to the reputations of two men who are powerful fixtures in Louisiana politics.
Burl Cain, the warden of the Louisiana State Penitentiary at Angola—profiled here—holds power over the lives of more than 5,100 men living at the notorious plantation prison, which occupies a piece of land the size of Manhattan. Widely celebrated in Christian evangelical circles for having brought thousands of incarcerated sinners to Jesus, Cain has stated that he believes the only true path to rehabilitation is Christian redemption. Those who follow his lead and become born again see their freedoms and opportunities expand at Angola, while those who defy him are dealt with harshly.

In a 2008 deposition, attorneys for Woodfox asked Cain, "Let's just for the sake of argument assume, if you can, that he is not guilty of the murder of Brent Miller." Cain responded, "Okay, I would still keep him in CCR [solitary]…I still know that he is still trying to practice Black Pantherism, and I still would not want him walking around my prison because he would organize the young new inmates. I would have me all kind of problems, more than I could stand, and I would have the blacks chasing after them…He has to stay in a cell while he's at Angola."

The following year, in a deposition for the Angola 3's civil case, Cain was pressed for his views on the Black Panther Party. "It's a militant party," he told lawyer George Kendall, who went on to recite some Black Panther tenets:

Q: How about this, "We want full employment for our people"?
A: That's great.
Q: No problem with that?
A: No.
Q: "We want end to the robbery by the capitalists of our black community"…Is that militant in your eyes?
A: It is.
Q: How so?
A: Because the capitalists are divisive in the country. It's too general, capitalists don't go rob a group of people.
Q: There are plenty of people at Wall Street at this moment that—
A: When he said "our people" he's talking about black people, so they robbed everybody, me too. We've got to get away from this race stuff.

Cain also seemed to suggest that solitary confinement could be preferable to life in the general population. When he had to move a group of prisoners out of solitary and into a high-security dormitory, he told Kendall, "It shocked me when some of them didn't want to come out of the cell. Honestly, I couldn't believe that." He continued:

It turned out they were comfortable where they were and they liked their little privacy, they liked their little room, they liked their little box, they liked that nobody had to deal with them. And then I got the complaint over in the dormitory that they didn't like being with those other people because they just felt like they wanted their privacy. So it taught me a lot about humans, just that little dormitory.
Q: Is there such a thing as people, if they stay in their cell too long that they have trouble living…
A: It wasn't trouble, it wasn't trouble. It was that they liked it, they got used to it and they liked it.
Q: They're more comfortable in the cell than they are in the dorm.
A: Well, in prison it's privacy. How do you like to go to the bathroom with 10 other people maybe at the same time and you're sitting right beside them, versus having your own private little bathroom, your private little toilet…Now where would you really rather be?

In fact, both Wallace and Woodfox were eventually moved to separate prisons, perhaps in an effort to dispel the Angola 3 mystique and to ensure that if they are eventually released from solitary, they will never be housed together. Wallace now resides in a maximum security prison near Baton Rouge while Woodfox in a remote lockup in the northwestern part of the state. Both remain in solitary, in conditions some of their supporters say may be worse than those at Angola.

After Woodfox's conviction was overturned, the state allegedly emailed the neighborhood association where his niece lived to warn that a murderer would be moving in.

If there is any man more opposed than Burl Cain to releasing Wallace and Woodfox from solitary, it might be James "Buddy" Caldwell, Louisiana's attorney general. An ambitious Democrat-turned-Republican known for his Elvis impersonations, Caldwell took office in 2007 and was reelected last year. He has characterized the Angola 3 as political radicals and called Woodfox "the most dangerous person on the planet."

In the fall of 2008, after Woodfox's conviction was overturned, a federal court judge ordered him released on bail pending the state's appeal. Caldwell opposed the release "with every fiber of my being." Woodfox planned to stay with his niece, but his lawyers uncovered evidence that the state had emailed the neighborhood association of the gated community where she lived to say that a murderer would be moving in next door. Caldwell soon convinced the conservative 5th US Circuit Court of Appeals to revoke Woodfox's bail. He also brought Woodfox's habeas case to the full 5th Circuit, which reversed the lower court ruling and reinstated his conviction.

Woodfox and Wallace now likely face their last chance for new trials. Wallace's habeas claim is under consideration by a federal court, while Woodfox's lawyers have mounted a fresh challenge, claiming racial discrimination in the selection of his jury's foreperson; a key evidentiary hearing is scheduled for May. The men's civil case, meanwhile, might finally go to trial this year. Assuming it moves forward as expected, it stands to set precedents that could one way or another affect the fates of some 80,000 people now held in solitary confinement in US prisons and jails.