Important legal opinion in Angola 3 case
Published Nov 15, 2006 10:20 PM
The following excerpt is from a Nov. 9 letter written by
Nick Trenticosta and Scott Fleming, attorneys for Herman Wallace
and Albert Woodfox. Wallace, Woodfox and Robert King, who was
released from prison in 2002, are known within the movement as
the Angola 3. Wallace and Woodfox were held in solitary
confinement for more than 30 years in the notorious Louisiana
State Penitentiary in Angola, Louisiana, after being framed and
convicted for the murder of a prison guard in 1972. Go to
www.prisonactivist.org/angola/
to read more about the case and how to get involved in the
struggle to free Wallace and Woodfox.
Dear friends and supporters of the Angola 3,
With great joy, 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 Sept. 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.
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 each 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.
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.
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.
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. We still have a long way to go before Herman and Albert
are freed.
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