Angola 3 Albert Woodfox TO REMAIN IN PRISON

[nattyreb]

OUTRAGEOUS!

via: Freedom Archives
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Woodfox to remain at Angola

* By BILL LODGE
* Advocate staff writer
* Published: Dec 12, 2008 - UPDATED: 7:20 p.m.

Albert Woodfox has spent more than half his 61 years at the Louisiana State Penitentiary at Angola. And Woodfox will remain there until at least March while a federal appellate panel decides whether he should be released pending a third trial for his alleged murder of a security officer.

The panel will hear oral arguments in the case in March.

The decision was announced today by a three-member panel of the 5th U.S. Circuit Court of Appeals.

U.S. District Judge James J. Brady of Baton Rouge overturned Woodfox' conviction and ruled last month that he should be released from prison until the next trial for the 1972 fatal stabbing of 23-year-old Officer Brent Miller.

But Louisiana Attorney General James D. 'Buddy' Caldwell appealed to the 5th Circuit, arguing that Woodfox poses a potential threat to society because he was serving a 50-year sentence for armed robbery at the time of Miller?s death and has never been prosecuted on at least 10 armed robbery and aggravated rape charges pending since the 1960s in Orleans Parish.


Questions and comments may be sent to claude@freedomarchives.org

(for those who don't know about the case of Angola 3, please visit Criminal Injustice in Louisiana Continues)
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via: Freedom Archives
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The Angola 3: Black Panthers and the Last Slave Plantation will be screened at

PM Press Film Night
Modern Times Bookstore
888 Valencia Street
San Francisco, CA 94110


- Thursday, December 18
- 7:00 PM

This film tells the gripping story of Robert King, Herman Wallace and Albert Woodfox, men who have endured solitary confinement longer than any known living prisoner in the United States. Politicized through contact with the Black Panther Party while inside Louisiana's prisons, they formed one of the only prison Panther chapters in history and worked to organize other prisoners into a movement for the right to live like human beings.
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14 December 2008

Action Alert []Criminal Injustice in Louisiana Continues

International Coalition to Free the Angola 3


Hello all,

Last night I returned from two days of Angola visits and am happy to report that Herman and Albert look stronger and more adjusted to their new oppressive dungeon conditions than when we last saw them. They both seem in good spirits and good health and remain optimistic about the appeal, even with the recent bail news.
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5th Circuit Denies Bail, But Expedites Appeal Lawyers: Disappointed with Ruling, But Optimistic the Fifth Circuit Will Affirm Judge Brady's Decision and Release Woodfox

On Friday evening the 5th circuit denied bail, but also expedited the appeal. Although not what we hoped for, the attorneys and Herman and Albert themselves remind us that bail was always a longshot, and even though we lost, the ruling was not totally in the State's favor.

The 3-judge panel says that so far they are not convinced the State will win their appeal and warns the State that if they lose, they should be prepared to retry Albert expeditiously.

The habeas hearing process can take up to a year and a half, and normally we would have had to file a request to expedite it--but the 5th circuit was kind enough to do that for us in their ruling which means now we will have hearings in March and know one way or the other whether Judge Brady's decision will stand by April or May. An expedited timeline in itself is very encouraging news.

Albert's lawyers are disappointed that he will not be let out on bail, yet remain optimistic for the March hearings. "Two federal judges have already looked at this case --Judge Noland and Judge Brady--and each concluded that Woodfox was wrongfully convicted. Their analysis is strong, both legally and factually, and I am confident that the Fifth Circuit will affirm the District Court's decision that Woodfox is entitled to a new trial," said Chris Aberle.

Attorney Nick Trenticosta points to the sentence in the ruling stating: "We are
not now convinced that the State has established a likelihood of success on the
merits." Trenticosta said, "The court's opinion is actually very encouraging for Mr. Woodfox. The court has both expedited the state's appeal and indicated that, as of now, it finds the appeal unpersuasive."


Questions and comments may be sent to claude@freedomarchives.org