Part 2: Court Orders Release of Albert Woodfox But Angola 3 Member Remains in Solitary Confinement ::posted Mon, 24 Nov 2014 18:57:10 +0000:: ift.tt/1r3rghS We continue our interview about Albert Woodfox, a former Black Panther who a federal court has ordered to be freed after he spent more than 40 years in solitary confinement, longer than any prisoner in the United States. Woodfox and the late Herman Wallace, another prisoner of the Angola 3, were convicted of murdering a guard at Angola Prison. The Angola 3 and their supporters say they were framed for their political activism. A federal judge ruled last year that Woodfox should be set free on the basis of racial discrimination in his retrial. It was the third time Woodfox’s conviction has been overturned, but prosecutors have negated the victories with a series of appeals. Thursday’s ruling by the 5th Circuit Court of Appeals upheld the order for Woodfox’s release in a unanimous decision. But prosecutors could still delay its enforcement with more appeals to keep Woodfox behind bars. There is no legitimate explanation for this, says Carine Williams, a lawyer for Albert Woodfox with the firm Squire Patton Boggs. We are also joined by Robert King, a member of the Angola 3 who spent 29 years in solitary confinement for a murder he did not commit. Click here to watch Part 1 of this interview. AMY GOODMAN: As we bring you part two of our coverage today of Albert Woodfox. A federal appeals court, on Thursday, upheld a lower court ruling ordering Louisiana to release the former Black Panther. Who has spent more than 40 years in solitary confinement. Woodfox and the late Herman Wallace, another prisoner of the so-called Angola 3, were convicted of murdering a guard at Angola Prison. The Angola 3 and their supporters say they were framed for their political activism. Well were joined right now by two guests, Robert King, the third member of the Angola 3. He was freed after serving 29 years in solitary confinement for a murder he did not commit, released in 2001 after his conviction was overturned. Hes joining us from Austin, Texas. And here in New York, Corine Williams is with us, a lawyer for Albert Woodfox, an attorney witht he New York firm Squire Patton Boggs. She was with Albert Woodfox on Thursday, was able to deliver the news of this unanimous decision of the court. Corine, how unusual — how many times has his conviction been overturned and the courts ruling that he should be released? CORINE WILLIAMS: Its happened at least three times. AMY GOODMAN: And this time was unanimous? CORINE WILLIAMS: Thats right. AMY GOODMAN: I wanted to read from the New York Times editorial that came out on Saturday. They said, Richard Nixon was president when Albert Woodfox landed in solitary confinement, along with another inmate, both convicted of the 1972 murder of a Louisiana prison guard named Brent Miller. Mr. Woodfox is still there. Now 67 years old, he has maintained his innocence from the start. He has been held in isolation longer than any prisoner in the United States, and perhaps in the nations history. For 23 hours a day — 23 hours and 45 minutes on weekends he sits by himself in a closet-size windowless cell. He eats all his meals alone. He has no access to the prisons educational or religious activities. His contact with visitors is extremely limited. Now, if court after court rules he should be freed, even as the state challenges this, how can it be that he remains in solitary confinement? CORINE WILLIAMS: Thats an excellent question that weve already been asking the courts to answer. So parallel to these cases which have challenged the convictions of the Angola 3, weve also been litigating a civil rights case arguing that it is cruel and unusual punishment in violation of the due process clause, Mr. Woodfoxs First Amendment rights, and the Equal Protection Clause. So there is no legitimate explanation for this. Mr. Woodfox hasnt had a disciplinary in prison at all in the prison that hes at now, ever. The last disciplinary he had was in 2008 for three way phone call violations, which presents no security threat. AMY GOODMAN: You mean when they call someone and they link up to someone else. CORINE WILLIAMS: In fact, the majority of the calls that the state found — and weve argued in court that this was a protectual disciplinary just to take Mr. Woodfox from a dorm where he had been for eight months and put him back into solitary. But, most of the phone calls were to attorneys. So, it was a matter of me conferencing in, for example, my colleague so that we could have an attorney-client call with out client. AMY GOODMAN: Louisiana Attorney General Buddy Caldwell issued a statement following the ruling. He wrote, The appeals court decision focused on a technicality with the grand jury selection process from as far back as 30 years ago. No court decision, including this one, has ever made a finding which disputes the fact that Albert Woodfox murdered Brent Miller at Angola in 1972. Those facts will always remain true. We respectfully disagree with the Courts ruling, and remain committed to seeing that the trial jurys judgment finding Albert Woodfox guilty of murdering Officer Brent Miller is upheld. CORINE WILLIAMS: I have two responses to it. At the top, you know, it always— my jaw drops every time I hear the attorney general of Louisiana as a mere technicality. This is a right that every citizen of the United States has, which is to a grand jury that is not tainted by racial discrimination. So, I would say that first. This is no mere technicality. This is our constitution. Second, I think, you know, this has gone on now, its important to remember, for 42 years. There is no — I mean, it just begs the question to say that the facts are true, that Mr. Woodfox is guilty of killing this officer when theres been no fact finding by a jury which has been allowed to fairly hear all the evidence, and which hasnt been tainted by racial discrimination. AMY GOODMAN: And again, Teenie Verret, the widow of the prison guard says she does not believe that these men are guilty of murdering her husband. A key witness in the case against Herman Wallace and Albert Woodfox was a man named Hezakiah Brown who said he witnessed the murder. But his credibility was subsequently called into question, I want to play a clip from the documentary In the Land of the Free. This is Nick Trentacosta, a lawyer who represented Herman and Albert describing Hezakiah Brown. NICK TRENTACOSTA: After that you hear the voice of the films narrator, the actor Samuel L. Jackson. Hezakiah first told the investigators at the prison that he was no where around, he didnt know anything about the murder. A few days later hes dragged from his bed at midnight, put under the bright lights of interrogation and told if you help us crack the case we will get you your freedom. At that point he said it was Wallace and Woodfox. SAMUEL L. JACKSON: And local author Anne Butlers research recordings provided evidence of just how pliable Hezakiah Brown could be. ANNE BUTLER: Well, at the trial they called Hezakiah Brown, and he said that he saw Woodfox and three other black men . WARDEN BUTLER: Hezakiah was one you could put words in his mouth. AMY GOODMAN: Was Hezakiah Brown freed, Corine? CORINE WILLIAMS: He was. Ultimately the evidence came out— was finally disclosed that he had been promised a pardon and eventually was pardoned and although he had been a convicted serial rapist who at one point was on death row, he was able to live in freedom. AMY GOODMAN: Robert King, I wanted to bring you back into this discussion. Again a member of the Angola three, along with Herman Wallace, now deceased, though he died a free man, ordered by a judge to be freed days before he was exonerated. The warden did not want to free Herman Wallace and the judge threatened the warden with prison if he didnt release Herman Wallace. Robert King spent 29 years in solitary confinement for a murder he did not commit, released in 2001 after his conviction was overturned. To this day, Albert Woodfox has endured visual body cavity searches. Explain what that is. Sometimes up to six times a day. What does that mean Robert? You were in solitary as well. ROBERT KING: Yes, visual casual body search would be the routine that they apply to inmates who are prison in solitary such as where we were— where I lived in CCR, which means closed cell restriction. It was routinely done where if you left your cell— you did not leave your cell unless you were shackled or handcuffed. You was in a cell by yourself all day long. But it was only routinely that whenever you were placed on a call out and you had to leave your cell for what ever reason, they would come to your cell and they would ask you to get a— strip out of your clothes and they would bring you to a visual search, anal search, rectal search, as it was called. And that was routine, and this can happen up to six, seven, eight times a day depending on how many times are you taken from your cell. And lots of times in certain cases, a person that is taken from their cell for a lot of frivolous reasons just so some guards can have the joy of doing things to an inmate that is visual because this is something that we all frown at. AMY GOODMAN: You endured this as well, Robert? ROBERT KING: Of course, this was endured for sometime up until sometime in 79 or 80, Woodfox then— it was then that NOLAC filed a civil lawsuit against the routine. It was in the state courts, and Woodfox et al, I think it was Phelps et al, and the state court ruled that a routine body searches would not be tolerated and there was a negotiated settlement that prevented that for a while. But, Im told that the state would disnegotiate the settlement, which was not binding. They went back to routinely searching inmates and the visual search continues. AMY GOODMAN: So, youre his lawyer, Corine, how does this continue now? CORINE WILLIAMS: So, just to be clear, there is a preliminary injunction in place which stope— prohibits these searches from being done to Mr. Woodfox, specifically. AMY GOODMAN: For how long has that been in place? CORINE WILLIAMS: That — it remains to be seen. Its pending on appeal in the 5th Circuit. AMY GOODMAN: Is it in effect now? CORINE WILLIAMS: So, the policy is in effect. In March of last year, as Robert just said. Wood fox had litigated this in the late 1970s and got the state of Louisiana to say that this is unconstitutional, a violation of the 4th Amendment, has to stopped. In March of last year for some reason. They resumed this practice at this facility where Mr. Woodfox is being held. AMY GOODMAN: Did the judge in the case die? CORINE WILLIAMS: Thats right. So it was the same month— AMY GOODMAN: The one who ruled this? CORINE WILLIAMS: Thats right. So, the state court judge who ordered that the state enter into a consent decree to stop these strip searches passed away in the same month that they resumed this conduct again. So, they are proceeding in violation of a court order. Just because the judge dies does not mean that the court order is no longer in effect. AMY GOODMAN: I want to go to a clip of Herman Wallace, who together with Robert King and Albert Woodfox, were known as the Angola 3. This is Herman, before he died, describing the impact of solitary confinement on his body. This is from the remarkable film from Jackie Sumell called Hermans House. HERMAN WALLACE: Being in a cage for such an extended period of time, it has its downfalls. You may not feel it, you may not know it, you may think that that youre okay, and you just perfunctorily move about. However, when you was removed from out of that type of situation and placed in an open environment where youre even breathing that oxygen and getting into your lungs and youre feeling something growing within you. You begin to develop a different mode within your body. I even watched my body, I looked in the mirror and I seen muscles and shit begin to pop out. I began to run even faster. And Im saying whoa, what the hell is going on here? Much was preserved. But then I got locked up again after eight months. And being locked up like that, the whole body just got confused. AMY GOODMAN: And I want to play another clip from the end of the film Hermans House. Its Herman describing a dream he had. Listen carefully. HERMAN WALLACE: I had a dream where I got to the front gate and theres a whole lot of people out there and you aint going to believe this but I was dancing my way out. I was doing the jitterbug. I was doing all kinds of crazy stupid-ass shit. And people was just laughing and clapping until I walked out that gate. And I remember that dream and I turn around and I look and there are all the brothers in the window waving and throwing the fist sign. It was... Its rough man.It really is. Its so real, you know. I can feel it even now talking about that. AMY GOODMAN: That was Herman Wallace from the film Hermans House, as he dreamed of building a house outside as well, and Jackie Sumell helped him design that house. Yes he was released as he lay dying on a gurney and people cheered as the ambulance drove New Orleans and he died at the home of a friend. [Corine] Williams was his Lawyer as well. Albert Woodfox got to be with Herman Wallace at the end to say goodbye. CORINE WILLIAMS: In another stunning coincidence we had already planned an attorney-client visit— a joint attorney-client visit so our other clients, Albert and King were present for this visit the day that the decision came down ordering Hermans release. So, we were able to tell him. Initially he thought we were talking about Alberts release. And he was very — it was difficult for him to speak at that point. But, he had a big smile. AMY GOODMAN: He was dying of liver cancer. CORINE WILLIAMS: Yes. The warden initially at the outset refused to release him, notwithstanding what the order said. AMY GOODMAN: And so what did the judge do to force him? CORINE WILLIAMS: The judge waited in chambers passed quitting time, said if they — let us know if they havent released him by a certain time and made clear in an order from the court that if they didnt release him that they would be subject to sanctions which could possibly mean that the warden would be arrested for violating a court order. AMY GOODMAN: And so he was released free, Albert — CORINE WILLIAMS: He was released. Herman was released. When we got to the hospital he looked at me, he said now Im free. So, he was very aware of what was going on, although he couldnt speak a whole lot. AMY GOODMAN: Robert King, what would Albert Woodfoxs freedom mean for you? You left prison, but you have never stopped talking about this case. In fact, it was, I think, a speech you gave at Stanford where a student Jackie Sumell was who heard you and got active in the case and ended up doing Hermans House, the film, and building the dream house with Herman that— ended up designing it with him over the years for him to have a place to come to when he got out. What would this court decision mean for you? ROBERT KING: Well, the court decision would mean to me that most of the work that we collectively set out to do, that is including all of the people who ultimately got on board that most of this work is done but for those of us who are committed activists we understand that this is only the tip of the iceberg, and that the work continues because the communities are plagued with cases such as that of the Angola 3. We were fortunate enough to get our case into the public light. But, there are people who are not that fortunate and we would hope that this would be the beginning of our continuing effort to continue to focus on the broader picture, the bigger picture that those who are not fortunate, or who has not been fortunate enough as we have to have had the resources and the output that weve been fortunate enough to have. AMY GOODMAN: [Robert] King, how did you endure those almost three decades in solitary confinement? How did you maintain your sanity. ROBERT KING: Well, I do believe when people ask me how did I maintain my sanity or my equilibrium, I usually laugh when I think about it. Some people are kind, they ask me why arent you crazy and, Amy, I always tell them, wait a minute, I didnt tell you I was not crazy. I say this because, you know, not that Im insane or psychotic, but you cannot get dipped in waste and not come up smelling. But, I do believe, to answer your question is, the reason that I was able to maintain my sanity was because of my new political belief. I realized exactly what was happening to me as a result of my political consciousness. I think that coming into contact with the Black Panther Party gave me the insight which I needed to kind of define my condition and the condition of Albert and myself and the reason why were placed in those conditions. The idea was to eliminate this and to focus on this and to go further and so — This decision with Albert means to me that the struggle continues, it goes on and there are so many more bridges that we have to cross in order to keep this focus going. AMY GOODMAN: You talk about this being part of a much broader issue, and I was wondering if you consider the whole movement in Ferguson that is on fire right now after the death of Mike Brown, the 18-year-old African-American teenager killed by white police officer Darren Wilson, now awaiting the grand jury decision, if you see that as a part of this movement and how that affects you. ROBERT KING: Of course it is very much a part of the movement. Its just a part of the broader — the bigger picture, because if there a condition such as Ferguson there would not be a condition such as that — the Angola 3 have been adjudicated to endure over the years. So, we see that there is a broad connection between community and policing and so forth and so on. And we see that this connection is something that is well grounded and founded in the system in dealing with so-called [Indiscernible] adjusted. And so, everyone is impacted and affected by it. So, Ferguson, Angola 3, they are connected without a doubt. All you have to do is just keep looking into the microscope and you will see that there is a connection. AMY GOODMAN: Also, since weve last spoken, King, the whole NSA scandal has exploded with Ed Snowden going to Hong Kong, releasing these revelations about spying on the American people. I mean, this is a story you have dealt with for decades in a slightly different way through COINTELPRO, the counterintelligence program, the FBI particularly targeting, not only dissidents, but the Black Panther Party, and I was wondering your thoughts on this as all Americans now begin to understand what it means to live under a microscope. ROBERT KING: Well, yes, this is indeed, when COINTELPRO was revealed, of course, it was something that it was a revelation that happened at that in in 68 or so. But, I mean, even before COINTELPRO there were other different national security agencies that were spying on people. So, the fact that it is more prevalent now and that is — had become exposed by an individual does not mean that it did not exist or that it will not continue to exist. So, I think were incumbent. People need to understand and see the connection. We realize that all of this is connected. You know, government, politics, prisons, all of these. You know, theyre a part of the broader scheme and we have to understand, we have to keep focus, we have to — I think democracy belongs to the people. I think people have to stay in touch with democracy. It means people power. If you relinquish that power to politicians then its like giving up your birth right, and I think people have to get involved in all politics. Politics is a part of peoples life. People say I dont have anything to do with politics, nothing could be further from the truth. You may not have anything to do with politics, but politics has something to do with you, and we should all be involved. AMY GOODMAN: And, Corine Williams, as we wrap up, youve been involved in this case for how many years? Herman Wallace also Albert Woodfox. CORINE WILLIAMS: This is the sixth year that Ive been working on this case, and Im the last hopefully in a long lineage of lawyers. This case has been going on. AMY GOODMAN: Explain the unit you work out of and the law firm you work for. CORINE WILLIAMS: So, I work for Squire Patton Boggs, and within the firm we have a, what we consider a dedicated pro bono practice group. We spend about 70% of our time working on pro bono cases, many capital habeas cases and prisoner civil rights litigation. The main case that I work on are these habeas cases of — AMY GOODMAN: When you say habeas cases, for a layperson — CORINE WILLIAMS: Challenging the conviction of Mr. Woodfox and Mr. Wallace last year and then challenging the use of solitary confinement which is a collateral case. AMY GOODMAN: At the same time as we hear about the case of Albert Woodfox, an Ohio man was just freed from prison after spending 39 years behind bars for a crime he didnt commit. Ricky Jackson, 59 year-old African-American man was jailed since 1975 on a murder conviction, the prosecutions case based on a 13 year-old witness who now says that, well, he recanted his testimony saying he implicated Jackson and two others under police coercion. He said the police had threatened his parents with arrest if he didnt say this. Ricky Jackson now freed. These are the kinds of cases that you work on. Do you feel that the — do you feel that things are changing in America right now for the better? CORINE WILLIAMS: I do think the public conversation is changing, and its promising. I do think that theres more attention paid onto what this means for us collectively and not just for this segment of society, the poor Africa-American minorities, but what it means for all of us when were not all allowed to be — participate in the fabric of democracy. I hear it in conversations about resources, how much money is spent on prisons and incarceration and in policing, and Im hopeful that it means that the pendulum is going to swing back the other way. AMY GOODMAN: And King, we give you the last word. Were just about to lose the satellite to Austin, but, if you could speak — see Albert Woodfox right now, directly, or you did talk to him on the telephone this weekend, what exactly did you say? ROBERT KING: I talked to him and I told him we was just that much closer to his being released and hes very hopeful that this could happened, but he also knows that we have maybe a couple of hurdles that we have to spring over, and he has no doubt that well be able to do that. So, Ill tell him Ill be seeing you bro. AMY GOODMAN: Were going to leave it there. And King, Robert King, a member of the Angola 3, spent 29 years in solitary confinement for a murder that he was — his conviction was overturned in 2001. Has gone out around the country speaking about this case because Albert Woodfox, another of the Angola 3, remains behind bars. Herman Wallace died days after he was released. Again, we will continue to follow the case of Albert Woodfox. Corine Williams, thank you for joining us, a lawyer for Albert Woodfox, and attorney with the New York firm Squire Patton Boggs. This is Democracy Now!, democracynow.org, The War and Peace Report Im Amy Goodman. [Forwarded by the MyLeftBlogosphere news engine. Link to original post below:]
Posted on: Wed, 26 Nov 2014 09:22:28 +0000
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