A federal appeals court ruled the last remaining incarcerated member of the ‘Angola 3’ must remain behind bars, while Louisiana appeals a previous ruling that it must release Albert Woodfox. The court did grant the 68-year-old inmate an expedited hearing.
The US Fifth Circuit Court of Appeals initially issued an
emergency stay of Woodfox’s release on Tuesday, a day after US
District Judge James Brady issued an unconditional writ of habeas
corpus ordering Louisiana to release the inmate, who
has spent 43 years in solitary, arguably the longest term of such
confinement.
On Friday, the Fifth Circuit granted Louisiana an extension of
the stay while the state appeals Brady’s order.
The ‘Angola 3’ ‒ Albert Woodfox, Robert King and Herman Wallace ‒
were inmates accused of murdering a guard at Louisiana State
Penitentiary, also known as Angola Prison, during a prison riot
in 1972. Though they maintained their innocence, the three men
were convicted of murder and spent decades in solitary
confinement. Woodfox and Wallace insisted that they were
implicated solely for their involvement in a prison chapter of
the Black Panthers.
Brady cited five main reasons in his ruling to release Woodfox
from prison.
“The five factors include: Mr. Woodfox’s age and poor health,
his limited ability to present a defense at a third trial in
light of the unavailability of witnesses, this Court’s lack of
confidence in the State to provide a fair third trial, the
prejudice done onto Mr. Woodfox by spending over forty-years in
solitary confinement, and finally the very fact that Mr. Woodfox
has already been tried twice and would otherwise face his third
trial for a crime that occurred over forty years ago,” he
wrote.
The Fifth Circuit eschewed Brady’s reasonings, and focused its
analysis on whether “the district court abused its discretion
by ordering Woodfox’s unconditional release and prohibiting
retrial,” the three-judge panel
wrote.
The main points the justices looked at before deciding to extend
the stay were whether the applicant has made a strong showing
that he is likely to succeed on the merits of his case, whether
the applicant will be irreparably injured absent a stay, whether
issuing a stay will substantially injure the other parties
involved, and where public interest lies.
“The state has a strong interest in continuing custody of
Woodfox and reprosecuting him for that murder ‒ a crime for which
he was serving a life sentence without the possibility of parole.
The constitutional claim for which he was awarded habeas relief
is readily capable of being remedied by a new indictment and
trial,” the justice wrote. The state “has made a strong
showing that it is likely to succeed on the merits.”
The justices also acknowledged that “the interest of a
successful habeas petitioner in being released pending appeal is
‘always substantial’,” but added that “the remaining
factors favor the state.”
“As for the state’s irreparable injury and the public
interest, there is a substantial interest in staying the release
of a person, twice convicted of murder, from being released from
a life sentence without the possibility of parole,” the
Fifth Circuit said.
#FreeAlbertWoodfox
The Eve of Freedom? As we all wait anxiously for what tomorrow
may bring… http://t.co/H5x3cDbqOC pic.twitter.com/ytFbIQ0K1I
— Angola 3 News (@angola3news) June
12, 2015
Woodfox was disappointed that his potential release was stalled,
one of his lawyers, Carine Williams told the New Orleans
Times-Picayune. However, she added, “of course he was
hopeful.”
“We are so sorry that did not happen today,” Williams
told reporters outside of the gate of St. Francisville facility,
where Woodfox has been housed since February.
Williams and Woodfox’s other attorney George Kendall said in a
joint statement that they’re confident that the Fifth Circuit
“will ultimately find that the district court’s ruling is
sound, well-reasoned, and based on well-established law.”
“This is the rare, exceptional instance in which it is
appropriate for the federal court to step in and prevent the
state from attempting to mount an unfair trial,” Woodfox’s
lawyers continued. “Furthermore, there is no penological
justification for the harsh conditions under which Mr. Woodfox
has been held for over four decades.”
The International Coalition to Free the Angola 3, a group
dedicated to Woodfox’s ultimate release, expressed disappointment
and home.
“Though we are disappointed our friend will not be released
today, we remain confident that the truth of his innocence and
integrity of his struggle for justice will ultimately free him,
sooner rather than later, and will continue to shed light on the
dire situation faced by thousands left in solitary for decades
for no legitimate reason,” the group said in a
blog post.
#FreeAlbertWoodfox
Amnesty International USA responds to 5th Circuit extending the
stay on Albert Woodfox’s release http://t.co/84uYXEqy8c
— Angola 3 News (@angola3news) June
12, 2015
Louisiana’s Attorney General James D. “Buddy” Caldwell, who had
immediately filed an appeal against Brady’s ruling, applauded the
Fifth Circuit’s decision, according to a spokesman.
“We are pleased with the court’s decision that this inmate
should remain in custody as the state pursues its
appeal,”Aaron Sadler, a spokseman for Caldwell, wrote in an
email to the Washington Post. “It has always been the state’s
priority to ensure justice for the brutal slaying of Brent Miller
and to hold accountable this murderer who has an extensive
history of violent crimes.”
Oral arguments in Louisiana’s appeal of Brady’s ruling are set
for the week of August 31, in accordance with the Fifth Circuit’s
requirement of an expedited briefing schedule.