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<font size=5><b>Judge refuses to toss murder conviction<br>
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<a href="http://www.2theadvocate.com/news/10406822.html?showAll=y&c=y" eudora="autourl">
http://www.2theadvocate.com/news/10406822.html?showAll=y&c=y<br><br>
</a>Angola corrections officer slain in 1972<br><br>
<b>By
<a href="http://www.2theadvocate.com/news/mailto:aangelette@theadvocate.com">
ADRIAN ANGELETTE<br>
</a></b><i>Advocate staff writer<br><br>
</i>Published: Oct 10, 2007 - Page: 1B <br><br>
In a brief, one-page ruling Tuesday, a Baton Rouge judge rejected a
recommendation to throw out the murder conviction of an Angola inmate for
the 1972 killing of a 23-year-old corrections officer.<br><br>
State District Judge Mike Erwin handed down the ruling in the case of
Herman Wallace, an Angola inmate who since the incident has spent three
decades in solitary confinement.<br><br>
Wallace’s attorney, Nick Trenticosta, said he was disappointed by Erwin’s
ruling, but is sure Wallace will prevail when the case is reviewed by the
1st Circuit Court of Appeal.<br><br>
“I’ve been handling prosecutorial misconduct cases for 20 years and I’ve
never seen a case more clear and solid,” Trenticosta said. “It’s as clear
as a bell.”<br><br>
Trenticosta had pushed for the murder conviction to be overturned after
learning that a key prosecution witness got cigarettes and a promise of
help from prison officials. The promise came from then-Warden Murray
Henderson, who pledged to help the inmate get an early pardon if he
testified against Wallace, Trenticosta said.<br><br>
The East Baton Rouge Parish District Attorney’s Office had urged Erwin to
let the conviction stand. Assistant District Attorney Dale Lee has
claimed in the past that the information would not have changed the jury
verdict.<br><br>
Phone messages from The Advocate left at Lee’s office Tuesday afternoon
were not returned by press time.<br><br>
Wallace and Albert Woodfox both serving time on armed-robbery
convictions at the time of the incident were convicted in the April 17,
1972, stabbing death of Brent Miller.<br><br>
Miller, a newly-married corrections officer, was stabbed 32
times.<br><br>
The key prosecution witness, Hezekiah Brown, testified he was in a dorm
with Miller when Wallace, Woodfox and two other men all wearing
bandanas over their faces attacked the guard without uttering a
word.<br><br>
One of the other men, Gilbert Montegut, was acquitted and the fourth man,
Chester Jackson, pleaded guilty to manslaughter and testified for the
prosecution. The two key prosecution witnesses, Brown and Jackson, have
since died.<br><br>
Wallace claims he learned in 1998 of the promise Henderson made to Brown.
According to motions filed in the case, Henderson wrote letters on
Brown’s behalf and Brown received a commutation in his sentence in
1986.<br><br>
East Baton Rouge Parish Commissioner Rachel Morgan, who reviews prisoner
legal requests, said in her ruling that had Wallace’s attorney known
about the promise from Henderson, he could have used that information to
discredit Brown.<br><br>
“It could have seriously affected the jury’s determination of Brown’s
credibility,” Morgan wrote.<br><br>
Morgan’s ruling was handed down in November 2006 and the case was sent to
Erwin.<br><br>
Erwin’s ruling Tuesday came on the day a small group of people gathered
outside the Governmental Building to question why it was taking so long
for Erwin to review the matter and issue a ruling.<br><br>
One of the protesters, Robert King, said Tuesday afternoon he hoped for a
different ruling; but, even an adverse ruling clears the logjam and
allows the case to move forward.<br><br>
“I think this is a blessing in disguise,” said King, formerly known by
the last name Wilkerson. “As far as I’m concerned, the case has just been
expedited.”<br><br>
King described himself as the only free member of what has become known
as the “Angola Three.” The other two members, Wallace and Woodfox, remain
in solitary confinement, King said.<br><br>
King, 64, said he spent 29 years of his 31 years in prison in solitary
confinement after being convicted of killing a fellow inmate. That
conviction was overturned in 2001.<br><br>
King, Wallace, and Woodfox spent decades in solitary confinement after
being labeled as black militants who posed a danger to the prison
population.<br><br>
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