Today, February 19 2016, Albert Woodfox walks free, his 69th Birthday.
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Take a deep breath
everyone,
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."
Over the course of
the past four decades, Albert's conviction was overturned three separate
times for a host of constitutional violations including prosecutorial
misconduct, inadequate defense, racial discrimination in the selection
of the grand jury foreperson, and suppression of exculpatory evidence.
On June 8th, 2015, Federal Judge James Brady ordered Albert's immediate
release and barred the State from retrying Albert, an extraordinary
ruling that he called "the only just remedy." A divided panel of the 5th
Circuit Court of appeals reversed that order in November with the
dissenting Judge arguing that "If ever a case justifiably could be
considered to present 'exceptional circumstances' barring
re-prosecution, this is that case." That ruling was on appeal to the
U.S. Supreme Court when news of his release broke.
On behalf of the
Angola 3 - Albert Woodfox, Robert King, and in memory of Herman Wallace
- we would like to sincerely thank all the organizations, activists,
artists, legal experts, and other individuals who have so graciously
given their time and talent to the Angola 3's extraordinary struggle for
justice. This victory belongs to all of us and should motivate us to
stand up and demand even more fervently that long-term solitary
confinement be abolished, and all the innocent and wrongfully
incarcerated be freed.
For more information
about the Angola 3, visit
angola3.org.
STATEMENT FROM THE LAWYERS
FOR IMMEDIATE
RELEASE: February 19, 2016
Albert Woodfox,
Longest-Serving Solitary Confinement Prisoner, to be Freed from Prison
After Four Decades
Statements from Albert
Woodfox - One of the 'Angola 3' - and Attorneys George Kendall and
Katherine Kimpel
February 19, 2016, West Feliciana, LA -- Albert Woodfox, who spent more
time in solitary confinement than any prisoner in U.S. history, will be
released this afternoon from custody after more than four decades in the
Louisiana prison system. Mr. Woodfox, who turned 69 today, continues to
maintain his innocence for the murder that sent him to solitary
confinement for more than four decades. He pled no contest to two lesser
crimes before being set free.
"I want to thank my brother Michel for sticking with me all these years,
and Robert King, who wrongly spent nearly 30 years in solitary. I could
not have survived without their courageous support, along with the
support of my dear friend Herman Wallace, who passed away in 2013," said
Mr. Woodfox. "I also wish to thank the many members of the
International Coalition to Free the Angola 3, Amnesty International, and
the Roddick Foundation, all of whom supported me through this long
struggle. Lastly, I thank William Sothern, Rob McDuff and my lawyers
at Squire Patton Boggs and Sanford Heisler Kimpel for never giving up.
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."
The extreme and cruel solitary confinement endured by Mr. Woodfox and
his fellow prisoners, Herman Wallace and Robert King, known as the
"Angola 3," drew international condemnation. The unnecessary and
inhumane use of solitary confinement was particularly stark in light of
Mr. Woodfox's exemplary conduct record for decades. In fact, in the
midst of litigation, the Wardens of both institutions where Mr. Woodfox
was held in solitary confinement admitted that he had exemplary conduct
records.
"Although we are overjoyed that Albert Woodfox is finally free, it is
indefensible he was forced to endure decade after decade in harsh
solitary confinement conditions, longer than any prisoner in the history
of the United States," stated George Kendall, attorney with Squire
Patton Boggs, LLP. "Albert survived the extreme and cruel punishment of
40 plus years in solitary confinement only because of his extraordinary
strength and character. These inhumane practices must stop. We hope the
Louisiana Department of Corrections will reform and greatly limit its
use of solitary confinement as have an increasing number of
jurisdictions around the country."
Mr. Woodfox and Mr. King, along with Mr. Wallace, brought a civil
lawsuit in 2000, challenging the constitutionality of the State of
Louisiana's use of indefinite solitary confinement. Mr. Woodfox and Mr.
King confirmed that a primary goal of the ongoing litigation is to help
bring light to the fact that there is no penological justification for
how the State of Louisiana currently uses solitary confinement and to
create incentives for reform. As Mr. Woodfox explained, "I can now
direct all my efforts to ending the barbarous use of solitary
confinement and will continue my work on that issue here in the free
world."
Their case, which is pending, is supported by extensive reports from two
nationally-recognized corrections experts. Those most recent experts'
reports, from 2015, are publicly available and include extensive detail
about the State system's failings (http://bit.ly/1PUqjiG;
http://bit.ly/1oNAfUv). As a federal judge wrote, the extreme
length of Mr. Wallace's and Mr. Woodfox's solitary confinement was "so
far beyond the pale that this Court has not found anything even remotely
comparable in the annals of American jurisprudence." See Wilkerson v.
Stalder, No. 00-304 (M.D. La. Feb. 1, 2005) (Doc. No. 105 at 21).
"It is past time for our nation to leave behind its shameful legacy of
being one of the only developed countries in the world that still relies
so heavily on the outdated and ineffective corrections practice of
indefinite solitary confinement," commented Katherine Kimpel, partner at
Sanford Heisler Kimpel, LLP. "That Albert Woodfox served over four
decades in solitary confinement shocks the conscience and is a national
embarrassment. We should take advantage of the growing national
consensus regarding corrections reform to ensure that, if our society
were to be judged by entering our prisons, we would not be found
lacking."
Attorneys for Mr. Woodfox said he will now be able to receive the
medical attention he desperately needs.
If you would like to speak with attorneys for Mr. Woodfox or leading
experts on solitary confinement conditions and reform, please contact
Laura Burstein or Jamie Moss at
Laura.Burstein@Squirepb.com, 202-626-6868 (o), 202-669-3411 (c); or
jamie@newspros.com, 201-788-0142.
'Angola 3' Case
Background
In 1972, Brent Miller, a young, white guard at Angola prison, was
killed. At a time when Angola prison was highly racially polarized,
investigators eventually honed in on four suspects who were politically
active Black Panthers. Albert Woodfox and Herman Wallace were two of
those men. No forensic or physical evidence linked Mr. Woodfox or Mr.
Wallace to the crime, the fingerprints found at the scene, or the bloody
knife found nearby. Several alibi witnesses placed both men in different
parts of the prison and away from the scene of the crime at the time of
the murder.
Mr. Woodfox was originally convicted in 1973 of the murder solely on the
testimony of three inmate witnesses.
However, as Mr. Woodfox learned decades after his original trial, these
inmates were provided attractive incentives by the prison officials for
their testimony, including promises of improved housing and a pardon.
State officials also suppressed inconsistent statements by these
witnesses.
Eventually, Mr. Woodfox's 1973 conviction was overturned because of
discrimination in the selection of the grand jury that indicted him. He
was retried in 1998. Despite the fact that two of the State's three
inmate witnesses had died, and despite the fact that they never were
adequately cross-examined because of evidence hidden by prison
officials, their transcripts from the prior trial were admitted into
evidence and Mr. Woodfox was again convicted.
After many years of appeals, his 1998 conviction was set aside in later
2014 and he was recharged in 2015. His lawyers waged a vigorous
campaign to exclude from any new trial the prior testimony of the
deceased witnesses who never were adequately cross-examined. However,
both the trial judge and the First Circuit Court of Appeal in Louisiana
denied those motions, meaning that the prior statements would again be
used against Mr. Woodfox at a new trial.
Although Mr. Woodfox and his legal team remained optimistic about the
possibility for an acquittal at a new trial, concerns about Mr.
Woodfox's health mounted as he approached his 69th birthday. Mr. Woodfox
decided to bring the case to a conclusion with today's action. His plea
of "nolo contendere" or "no contest" to two lesser charges is not an
admission of guilt. It means simply that he does not contest that the
State would present evidence at a new trial from witnesses who said he
committed this crime. Mr. Woodfox continues, as he always has, to
maintain his innocence.
###
Today, Louisiana
prisoner Albert Woodfox walked free, 44 years after he
was first put into solitary confinement.
He was the United States’ longest serving prisoner held in isolation.
Nearly every day for more than half of his life, Albert Woodfox woke up
in a cell the size of a parking space, surrounded by concrete and steel.
Tomorrow morning, for the first time in more than four decades, he will
be able to walk outside and look up into the sky.
Over the course of nearly five years working on Albert Woodfox’s case at
Amnesty, I heard many times that the odds were insurmountable.
But I always knew
that Albert Woodfox would go home.
I have seen the incredible power of our movement when we work together.
I have seen the courage humility, and determination of so many of you
who have played big and small roles to help this historic human rights
victory come to fruition.
I have seen the unbelievable strength of the Angola 3: Robert King,
Herman Wallace, and Albert Woodfox himself—all three of whom endured
nightmares but persevered with humor, dignity, and resolve to wage a
relentless fight against the cruel, inhuman and degrading practice of
prolonged solitary confinement in the United States.
With the knowledge of his release, Albert had this message for those who
have helped him secure his freedom:
I want to thank
my brother Michael for sticking with me all these years, and Robert
King, who wrongly spent nearly 30 years in solitary. I could not have
survived without their courageous support, along with the support of my
dear friend Herman Wallace, who passed away in 2013. I also wish to
thank the many members of the International Coalition to Free the Angola
3, Amnesty International, and the Roddick Foundation, all of whom
supported me through this long struggle. Lastly, I thank William
Sothern, Rob McDuff and my lawyers at Squire Patton Boggs and Sanford
Heisler Kimpel for never giving up. 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.
I’m carrying
those words with me today as we celebrate this victory.
Today Albert Woodfox
walks free—February 19, 2016, his 69th Birthday.
--
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