<html>
<body>
<font size=3> <br>
</font><h1><b>Angola 3 Dispatch: Albert Woodfox
Hearing</b></h1><font size=3>
<a href="http://www.motherjones.com/politics/2009/03/angola-3-dispatch-albert-woodfox-hearing" eudora="autourl">
http://www.motherjones.com/politics/2009/03/angola-3-dispatch-albert-woodfox-hearing<br>
<br>
</a></font><h3><b>Film crews, Angola prison guards, and more scenes from
a New Orleans courtroom.</b></h3><font size=3>By
<a href="http://www.motherjones.com/authors/jordan-flaherty">Jordan
Flaherty</a><br><br>
Tue March 3, 2009 9:24 PM PST<br><br>
On a brisk New Orleans morning, as hotel workers, attorneys, and the
occasional tourist walked past, a small crowd gathered outside the US
Court of Appeals on Camp Street in the city's central business district.
They came from as far away as Maine and California, and as close as a few
blocks away. They brought "I am Herman Wallace" and "I am
<a href="http://www.motherjones.com/politics/2009/03/36-years-solitude">
Albert Woodfox</a>" t-shirts, a documentary film crew, and a
bubble-shaped van–donated by ice cream magnate Ben Cohen–that called for
Wallace's and Woodfox's freedom. They were all here for a hearing of the
Fifth Circuit Court of Appeals which would whether to uphold a federal
judge's decision and let Woodfox to go free. <br><br>
Standing out among the gathering, in a sharp suit and a deep baritone
voice, was Parnell Herbert, an activist known in the local spoken word
community as the "poetic panther." Herbert grew up with
Woodfox, who has been in solitary confinement for 36 years. Displaced to
Texas by Hurricane Katrina, he returns to New Orleans whenever there is
movement in his friend's case. "I'm trying to draw attention to a
situation the state of Louisiana wants to keep buried," he says.
"We're here to show support for the truth." <br><br>
It is rare for a prisoner to leave the Louisiana State Penitentiary at
Angola, a former slave plantation; it's estimated that 95 percent of the
inmates will die behind bars. (The day before the hearing, the
<a href="http://www.pewcenteronthestates.org/uploadedFiles/wwwpewcenteronthestatesorg/Fact_Sheets/PSPP_1in31_factsheet_LA.pdf">
Pew Center released a report(pdf)</a> showing that one in 26 Louisiana
adults is under correctional control, the largest percentage in the US
and the world.) One who did make it out was Robert King, the third member
of the Angola 3, released in 2001 after a judge overturned his
conviction. "We hope this nightmare is finally ending," King
told me at the hearing. <br><br>
Inside the courtroom–a smallish room with grand, 50-foot-high
ceilings–the front row held another type of Angola resident: guards,
administrators, and their family members. "I asked Warden [Burl]
Cain if anyone is running Angola," attorney Nick Trenticosta told
me. "Because it seemed like everyone was here." <br><br>
There was no courtroom spectacle or confrontation. Observers from both
sides followed the proceedings with an intense and studious quiet, some
taking notes. The hearing lasted about an hour. Lawyers for both sides
made their case, occasionally interrupted by questions from the
three-judge panel. "I was very encouraged by today's argument,"
Trenticosta told me later. "I think the court understands our case,
and that's half our job." <br><br>
After the hearing ended, supporters chatted, dissecting the proceedings.
The court may take between four weeks and six months to release a ruling,
but that time seems short compared to the decades the case has already
taken. Even if the court lets stand the ruling overturning Woodfox's
conviction, the state has already vowed to retry him. Still, among
Woodfox's supporters–many of whom not yet born when he was last a free
man–there was a palpable expectation of success. "Albert has
hope," King told me. "And as long as Albert has hope, we all
have hope."<br><br>
*******************************************************<br>
</font><div align="center"><font face="Garamond" size=5 color="#9F0004">
<b>A3 Supporters Brave the Cold to Speak Out<br>
</font></div>
<font face="Arial, Helvetica" size=2 color="#2E373C">Angola 3 Action
Hosts Another Classy and Creative A3 Event<br>
</b></font><font face="Arial, Helvetica" size=1 color="#02160C"> <br>
About 3 dozen supporters gathered early on this unseasonably frigid
morning wearing all black A3 T-shirts while a newly outfitted mobile
billboard proclaiming <b><i>"36 Years of Solitary, 36 Years of
Innocence"</i></b> circled the courthouse. The protest was
peaceful, respectful, and well-matched to the formal tone of the hearing
soon to begin. <br>
<br>
A big thanks to<b> Angola 3 Action</b> for organizing the event:
<a href="http://rs6.net/tn.jsp?et=1102487376902&e=001ZCnqnCceUGY9aeUReSRecV-aJ85SfL_IGG0jKpshcq_aOSnhErUJJYNULDx3dvc31zE2R3hg2kVKiek3THuAJHgs0LBS3qvWMS0JgDHfFA-Rfnz41zAwog==">
http://angola3action.org/</a>; and to <b>Loyola Law School</b> for
providing legal observers. I'll send out pictures later this week
;)<br><br>
</font><font face="Garamond" size=5 color="#9F0004"><b>Was Albert
Wrongfully Convicted? <br>
</font><font face="Arial, Helvetica" size=2 color="#2E373C">A Short
Summary of this A3 Day in Court<br>
</b></font><font face="Arial, Helvetica" size=1 color="#02160C"> <br>
By the time many of us made it up to the courtroom, it was packed with
ample representation from supporters of both camps. Two lines of
spectators stood against the back wall for the duration of the hearing
since all available seats were quickly filled. Many of the main
characters from the State's team were present: Burl Cain, the
Miller family, several Angola guards and residents (although none in
uniform as in previous hearings), and of course Buddy Caldwell.
<br>
<br>
As advertised, the hearing was short and to the point. Both sides
argued clearly and reasonably. None of the three judges shied away
from questions--I counted almost 20 in the short 50 min proceeding.
In fact the panel voluntarily allotted an additional 5 min to each side
to account for how inquisitive they were. It was clear to anyone
listening that the judges were all very well informed about the most
minute details of the case; and reassuring that despite their intense
questioning, there was nothing they asked that Albert's attorneys were
not anticipating. <br>
<br>
Since inadequate defense counsel is at the heart of Judge Brady's ruling,
there was lively debate throughout as to whether it was even possible to
discern in more than a purely speculative way whether the performance of
Albert's 1998 legal team was "inadequate" or simply
"unsuccessful." Nuances about the very definitions of
legal concepts and precedents like "Brady" and
"Strickland," as well as inconsistencies surrounding central
pieces of evidence like the bloody fingerprint and eye-witnesses, were
discussed in depth; but the the judges also took time to ask for
clarification about less crucial points like the alibi witnesses in
Albert's first trial. <br>
<br>
Despite diligent, thoughtful, and tough questioning of both sides, the
judges used words like "oversights," "mistakes," and
"governmental mischief" when questioning the State about their
case. Judge King was sure to remind the State when they directed
her to read a certain page of the Magistrate's report that the judges
were better prepared than the State seemed to think: "Oh, we
have read it..." she said emphatically.<br>
<br>
Now it is simply a waiting game. We expect the court to rule in 1-6
months, and are hopeful it will be sooner than later since they
themselves "expedited" the process during the bail
proceedings. <br>
<br>
As a quick review, if the 5th Circuit agrees with Albert's attorneys and
upholds Judge Brady's ruling, then the State has 120 days to either retry
or release Albert. They have already vowed to retry him. If
the 5th Circuit agrees with the State, then the conviction is reinstated
and Albert would have to start the appeals process all over again with a
different claim if he wants to try to gain his freedom. There are
several other possible scenarios that could play out but those are the
two most likely outcomes. <br>
</font><div align="center"><font face="Garamond" size=5 color="#9F0004">
<b>Media Coverage <br>
</font></div>
<font size=2 color="#2E373C">NPR, AP, Times Picayune, & Mother
Jones<br>
</b></font><font size=3> <br>
Please take a moment when time allows to review some of the media
coverage of today's events.<br>
<br>
</font><font size=2><b>
<a href="http://rs6.net/tn.jsp?et=1102487376902&e=001ZCnqnCceUGbqxSGNOjmKQwhh2Onoz03za4jZAMpdannnwc-EybBDO5jIhJ2eaUmJnxNjNWpWLkbNN7PrLGi5GVssbOtcuHxuoNhn0Cw7OXRydL6IQxKWhPUDNrAqPiZA_ogMJOg_ZnyJXu66mhIFqwVY2lsbk9f8YirflTHAtt0=">
NPR</a></b></font>
<a href="http://rs6.net/tn.jsp?et=1102487376902&e=001ZCnqnCceUGbqxSGNOjmKQwhh2Onoz03za4jZAMpdannnwc-EybBDO5jIhJ2eaUmJnxNjNWpWLkbNN7PrLGi5GVssbOtcuHxuoNhn0Cw7OXRydL6IQxKWhPUDNrAqPiZA_ogMJOg_ZnyJXu66mhIFqwVY2lsbk9f8YirflTHAtt0=">
<font size=3>'s Laura Sullivan did another excellent piece</a>, as did
the always welcome
</font>
<a href="http://rs6.net/tn.jsp?et=1102487376902&e=001ZCnqnCceUGY4aDN8P1GjdMhrMUS4BHv__8FDdoSUO4cYyTLzcehu878NN1EEW5hmVpSCEFWNPodGVBUnKUDHNApbNPyq2FU5ssVUfn7KH5ruQfNeZSQWd-4q0DrHhpYTZ-N6w92AZXzUmP3jj6zYjfKIRf4e3SIL1n66kh26VoUy8DEBGYCUUim9_Ov56LmOgZ_apoTFBGc3E1LJlWzmgKoi8hsDAfV1">
<font size=2><b>AP</a></b></font><font size=3> and
</font>
<a href="http://rs6.net/tn.jsp?et=1102487376902&e=001ZCnqnCceUGYkid5wtragUUh-1tffqcuvUfhnVN0W13aRoVcjJfHV20R81r5ikV7lZyhyo4ISnDDE4H3f10HkyvZx3iD3Ah7PK9S2knLvKAyPK2e18PmPsk_PrPfNo4RD8ddij2TgsPql2sIWukUDT5qUdgqBmRTJgrI9TbXtUfodjGXogFTvhTS2PEf0rTSS">
<font size=2><b>Times
Picayune</a></b></font>
<a href="http://rs6.net/tn.jsp?et=1102487376902&e=001ZCnqnCceUGYkid5wtragUUh-1tffqcuvUfhnVN0W13aRoVcjJfHV20R81r5ikV7lZyhyo4ISnDDE4H3f10HkyvZx3iD3Ah7PK9S2knLvKAyPK2e18PmPsk_PrPfNo4RD8ddij2TgsPql2sIWukUDT5qUdgqBmRTJgrI9TbXtUfodjGXogFTvhTS2PEf0rTSS">
<font size=3> </a>reporters. <br>
<br>
The evening before the hearing
</font>
<a href="http://rs6.net/tn.jsp?et=1102487376902&e=001ZCnqnCceUGaSTdUEy_pGPbAmxRO8hFenF8dTF5nIfAFYGo_lt0kCuMJ4cJBnLj_9wKVj7dT92HnXf4vWE7C1iomObOZhOj4eoSQnatT56LYPrm1AX1QqeLDU8dqMxP1m-FdWdZb9712L2qmyqGAIX1B3xHb79DDTWUhhu-YPcOo=">
<font size=2><b>Mother Jones</a></b></font><font size=3> posted a new
investigative background piece on the case you might also want to check
out. <br>
<br>
Will update everyone as soon as anything new develops, and as always,
thanks so much for all your support. Without it, Albert likely
would have never made it this close to walking out of Angola a free
man.<br>
<br>
soonest,<br>
<br>
Tory Pegram<br>
A3 Campaign Coordinator<br>
<a href="mailto:odsllc@gmail.com">odsllc@gmail.com</a><br>
504.338.2631<br>
<a href="http://www.angola3.org/" eudora="autourl">www.angola3.org<br><br>
<br><br>
<br>
</a></font><x-sigsep><p></x-sigsep>
<font size=3 color="#FF0000">Freedom Archives<br>
522 Valencia Street<br>
San Francisco, CA 94110<br><br>
</font><font size=3 color="#008000">415 863-9977<br><br>
</font><font size=3 color="#0000FF">
<a href="http://www.freedomarchives.org/" eudora="autourl">
www.Freedomarchives.org</a></font><font size=3> </font></body>
</html>