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November 9, 2006<br><br>
Dear Friends and Supporters of the Angola 3,<br><br>
With great joy, we can announce that we have just received an opinion
from Commissioner Rachel Morgan of the 19th Judicial District Court in
Baton Rouge recommending that Herman Wallace's 1974 murder conviction be
reversed. The opinion is the result of an evidentiary hearing held
inside the Louisiana State Penitentiary on September 19, and gives us new
hope that Herman, who is 65 years old and has now been in solitary
confinement for 34 years, may soon win his freedom. There are,
however, still struggles ahead.<br><br>
The Commissioner found that the prosecution violated Herman's due process
rights by hiding from the jury and defense lawyers the fact that it had
provided prison informant Hezekiah Brown, their key witness, with the
promise of a pardon from a life sentence as well as a carton of
cigarettes per week and a private room with a television on prison
grounds. Under the law, this constitutional violation requires that
Herman's conviction for the 1972 murder of a correctional officer be
overturned. This case, like so many others, involves an incompetent
and biased investigation focusing on innocent men and prosecutors who
lied and cheated to win convictions.<br><br>
We are still several steps away from this decision resulting in Herman's
release. The Commissioner's recommended ruling will now be
presented to the district judge, who has the power to adopt it as is
(which routinely happens), amend it, or order further hearings. We are
hopeful, given the strength of Herman's case and the reasoning of the
opinion, that the court will adopt the Commissioner's recommendation as
it is written and overturn Herman's conviction.<br><br>
If the court overturns Herman's conviction, it is likely that the Baton
Rouge district attorney's office will appeal that decision to the
Louisiana Court of Appeal and Supreme Court, a process that could take as
long as two years. It is also possible that the state could seek to
retry Herman, but we would vigorously challenge a retrial at this late
stage as a violation of Herman's constitutional rights. Moreover,
considering the weakness of the state's evidence, it is difficult to
envision a retrial resulting in any verdict other than
acquittal.<br><br>
We spoke at length with Herman and his codefendant Albert Woodfox
today. They are both overjoyed. Herman was able to personally
notify several of his family members and friends, and he asked us to
thank all of the dozens, if not hundreds, of people who have contributed
to this cause over the years. Albert is hopeful that success in
Herman's case will help him, as he is just beginning the process of
litigating a federal habeas corpus petition.<br><br>
We still have a long way to go before Herman and Albert are freed. We
will keep everyone informed of developments in the case. In the meantime,
check out this new music video dedicated to the Angola 3 case, produced
by Dave Stewart of Eurythmics
(<a href="http://www.youtube.com/watch?v=YByERaSXiGA),">
http://www.youtube.com/watch?v=YByERaSXiGA),</a> and the AP article on
the new decision,</font><font size=3 color="#0008CC"><u>
(<a href="http://seattlepi.nwsource.com/national/1110AP_Black_Panther_Case.html)">
http://seattlepi.nwsource.com/national/1110AP_Black_Panther_Case.html)</a>
</u></font><font size=3>.<br><br>
Best to all,<br><br>
Nick Trenticosta and Scott Fleming<br>
Attorneys for Herman Wallace and Albert Woodfox<br>
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<font size=3 color="#FF0000">The Freedom Archives<br>
522 Valencia Street<br>
San Francisco, CA 94110<br>
(415) 863-9977<br>
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