Last of the Angola 3 to be Released from Prison After 43 Years
The Angola 3, composed of Robert King, Herman Wallace, and Albert Woodfox, was a name for the band of armed robbers who were convicted in 1971. They quickly became members of the Black Panthers. Later in 1972, they were in a prison riot, which ended in a death of a prison guard. Wallace and Woodfox were convicted of the murder, but there was no physical evidence to link them to the crime. King was released in 2001 and Wallace was released in 2013. There have also been two documentaries made about the Angola 3.
All three were ordered to solitary confinement. So far, Woodfox has been in solitary imprisonment for 43 years. He was required to have 23 hours of cell confinement. His attorney believes Woodfox is the longest-serving inmate in solitary confinement in the United States. Amnesty International and the United Nations have decided that Woodfox's solitary imprisonment is "inhumane." Suicide rates for solitary prisoners is very high, and those who are eventually released are more likely to offend again.
U.S. District Judge James Brady ordered an unconditional release of Woodfox on June 8, 2015 and he also barred a third trial for Woodfox. Other reports have said that the convictions were based on questionable inmate testimony.
Additional factors that are leading to Woodfox's release include his poor health, age(68), and limited ability to have a third trial because most witnesses are now deceased. Even if he was able to have another trial, it would take approximately twenty more years before a court would determine if he was given a fair third trial.
The U.S. 5th Circuit Court of Appeals temporarily blocked Brady's order, to give the state time to appeal. The block expires on Friday, June 12.
Comments from Allen:
One of our local federal judges, Judge Windmill, sometimes shortens life sentences to end at age 60 or 65, because he believes federal penitentiaries should not be turned into geriatric health care centers. On that basis alone, Judge Brady's decision makes sense.
This, however, was a case of prosecutor misconduct, in addition to Woodfox being ineffectively represented by counsel. Either instance would merit a new trial. However, since the material witnesses have died since the case was tried, a fair retrial for Woodfox is impossible. The judge properly threw out the conviction and barred the state from retrying this case.
As to solitary confinement: it is not a part of an inmate's sentence; it is a decision made by the prison which houses the inmate after an inmate has been sent to prison, and it is usually justified as being necessary to either protect the inmate from other inmates who may harm him, as in the case of a child molester or an identified snitch or to prevent the inmate from harming others, as in the case of someone like serial killer Thomas Creech of Idaho (confessed to 42 murders, including an attempted murder of an inmate in an adjoining cell). It can also be used as temporary punishment for disrupting activities in the prison. In this case, since Woodfox had been convicted of killing a prison guard (normally a capital offense), it might be argued that solitary confinement to protect other guards from him was more merciful than executing him.
Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning can also help with DUI, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Sources for more information:
http://www.amnestyusa.org/our-work/cases/usa-the-angola-3
http://blog.amnestyusa.org/iar/louisianas-angola-3-100-years-of-solitude/
http://www.courtchatter.com/#!Louisiana-inmate-last-of-Angola-3-ordered-free-after-43-years-in-solitary/c1oiw/557746c20cf293eac807c3c4
http://www.courthousenews.com/2015/06/10/release-delayed-for-last-of-louisianas-angola-3.htm
http://www.latimes.com/nation/nationnow/la-na-nn-albert-woodfox-angola-solitary-20150608-htmlstory.html
http://time.com/3914559/albert-woodfox-solitary-confinement-angola/
Photo Source: Express News |
U.S. District Judge James Brady ordered an unconditional release of Woodfox on June 8, 2015 and he also barred a third trial for Woodfox. Other reports have said that the convictions were based on questionable inmate testimony.
Photo Source: NBC News |
The U.S. 5th Circuit Court of Appeals temporarily blocked Brady's order, to give the state time to appeal. The block expires on Friday, June 12.
Comments from Allen:
One of our local federal judges, Judge Windmill, sometimes shortens life sentences to end at age 60 or 65, because he believes federal penitentiaries should not be turned into geriatric health care centers. On that basis alone, Judge Brady's decision makes sense.
This, however, was a case of prosecutor misconduct, in addition to Woodfox being ineffectively represented by counsel. Either instance would merit a new trial. However, since the material witnesses have died since the case was tried, a fair retrial for Woodfox is impossible. The judge properly threw out the conviction and barred the state from retrying this case.
As to solitary confinement: it is not a part of an inmate's sentence; it is a decision made by the prison which houses the inmate after an inmate has been sent to prison, and it is usually justified as being necessary to either protect the inmate from other inmates who may harm him, as in the case of a child molester or an identified snitch or to prevent the inmate from harming others, as in the case of someone like serial killer Thomas Creech of Idaho (confessed to 42 murders, including an attempted murder of an inmate in an adjoining cell). It can also be used as temporary punishment for disrupting activities in the prison. In this case, since Woodfox had been convicted of killing a prison guard (normally a capital offense), it might be argued that solitary confinement to protect other guards from him was more merciful than executing him.
Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning can also help with DUI, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Sources for more information:
http://www.amnestyusa.org/our-work/cases/usa-the-angola-3
http://blog.amnestyusa.org/iar/louisianas-angola-3-100-years-of-solitude/
http://www.courtchatter.com/#!Louisiana-inmate-last-of-Angola-3-ordered-free-after-43-years-in-solitary/c1oiw/557746c20cf293eac807c3c4
http://www.courthousenews.com/2015/06/10/release-delayed-for-last-of-louisianas-angola-3.htm
http://www.latimes.com/nation/nationnow/la-na-nn-albert-woodfox-angola-solitary-20150608-htmlstory.html
http://time.com/3914559/albert-woodfox-solitary-confinement-angola/
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