In The Land Of The Free

Check back here for any updates to the status of the legal cases as well as the campaign to free Herman Wallace and Albert Woodfox. See the History section below for more detailed back story on the Angola 3 and the legal cases currently underway:

• Herman and Albert remain in solitary confinement – their total time spent there now reaches more than thirty-seven years each.
• Herman has been moved to Hunt Prison two hours away from Angola (still under the control of the same regional warden).

During the 1970s, the Angola 3 protested against continued segregation, corruption and abuse facing the largely black prison population within Angola. They formed one of the only recognised Black Panther Party prison chapters. Shortly after speaking out, Herman and Albert were subsequently convicted for the murder of a prison guard, Brent Miller.

There was no physical evidence against them. The main eye witness was bribed with a carton of cigarettes every week and promised his freedom by the warden in exchange for testifying. Another eye witness was a legally blind, mentally retarded sociopath. A bloody fingerprint from the scene was shown not to belong to Herman or Albert and yet never tested against the rest of the prison population.
Even Brent Miller’s widow doubts that this is a sound conviction.

One man understands their plight more than any other. Robert King too was thrown into solitary at Angola and told it was because he was under investigation for involvement in the Miller murder... even though he wasn’t even in the prison when it happened. The prison authorities used this as their reason for keeping him in solitary confinement for 31 years.

He was subsequently accused of the murder of another prisoner in Angola, again convicted by an all white jury on the evidence of unreliable witnesses who all subsequently recanted, before his conviction was overturned in 2001. It had taken 29 years for him to gain his freedom. Since then he has worked tirelessly all over the world to help bring justice for his friends.

The legal cases

Herman and Albert’s legal criminal cases are at different stages. In the USA the law starts with state law, the final stage of which is the State, or in this case, Louisiana Supreme Court. Then there is federal law, the highest stage of which is the US Supreme Court. Anything in federal law trumps everything in state law… but if federal law does not speak to an issue, the individual states have the right to make whatever laws they want about it. Further, there are certain crimes that are defined as being under state and not federal jurisdiction.

Status of Albert’s case

Albert’s case has been through a state process and is now in the final step of the federal system. He still awaits a decision from the federal appeals court (5th circuit). At a hearing in March 09 – 3 Judges reviewed the decision presented by Judge Brady that the case should be overturned. It is usual to wait between 6-12 months for a ruling so this is expected at any time.

Status of Herman’s case

Herman’s case is at a different stage in the state legal system, technically several steps behind where Albert’s case is, but following the same path. In Oct 09 the Louisiana Supreme Court denied an appeal to hear Herman’s case (completing the last step of the State law process) so in Dec 09 he appealed the state’s verdict at the federal level. Their case is at the start of a federal submission process and we await the state’s response to the submission. The case will then proceed through a series of courts decisions and arguments to reach where Albert’s is now.

The State versus the Angola 3

In addition to Herman and Albert’s case there is a third legal civil case which Herman, Albert and Robert filed in the federal court against the state in 1999 – the central charge is that the state is in breach of the 8th amendment of the constitution for implementing "cruel and unusual punishment" in its prisons, based on their continued incarceration in solitary confinement.

This is the first case of its kind in the USA and if won would have an impact beyond the Angola 3, changing the legal landscape – as currently extended solitary confinement in the USA is legal. There has already been more than 2 years of trial preparation and it is expected that the case could be heard this year. The case should attract significant interest from human rights NGOs as ultimately it challenges US prison practices with the USA constitution.