�My soul cries from all that I witnessed and endured. It
does more than cry, it mourns continuously,� said Black Panther Robert Hillary
King, following his release from the infamous Louisiana State Penitentiary at
Angola in 2001, after serving his last 29 years in continuous solitary
confinement. King argues that slavery persists in Angola and other U.S. prisons,
citing the 13th Amendment to the U.S. Constitution, which legalizes slavery in
prisons as �a punishment for crime whereof the party shall have been duly
convicted.� King says, �You can be legally incarcerated but morally innocent.�
Robert King, Albert Woodfox, and Herman Wallace are known as
the �Angola Three,� a trio of political prisoners whose supporters include
Amnesty International, Archbishop Desmond Tutu, Congressman John Conyers, and
the ACLU. Kgalema Mothlante, the President of South Africa says their case �has
the potential of laying bare, exposing the shortcomings, in the entire U.S.
system.� Woodfox and Wallace are the two co-founders of the Angola chapter of
the Black Panther Party (BPP) -- the only official prison chapter of the BPP. Both
convicted in the highly contested stabbing death of white prison guard Brent
Miller, Woodfox and Wallace have now spent over 36 years in solitary
confinement.
The joint federal civil rights lawsuit of King, Woodfox, and
Wallace, alleging that their time in solitary confinement is �cruel and unusual
punishment,� will go to trial any month in Baton Rouge, at the U.S. Middle
District Court. Herman Wallace�s appeal against his murder conviction is
currently pending in the Louisiana Supreme Court, and on March 18, he was
transferred to the Hunt Correctional Facility in St. Gabrielo, Louisiana, where
he remains in solitary confinement. On March 2, the U.S. Fifth Circuit Court
heard oral arguments regarding Albert Woodfox�s conviction, after the Louisiana
Attorney General appealed a lower court�s ruling that overturned the
conviction.
An 18,000-acre former slave plantation in rural Louisiana,
Angola is the largest prison in the U.S. Today, with African Americans
composing over 75 percent of Angola�s 5,108 prisoners, prison guards known as �free
men,� a forced 40-hour workweek, and four cents an hour as minimum wage, the
resemblance to antebellum U.S. slavery is striking. In the early 1970s, it was
even worse, as prisoners were forced to work 96-hour weeks (16 hours a day/six
days a week) with two cents an hour as minimum wage. Officially considered
(according to its own website) the �Bloodiest Prison in the South� at this
time, violence from guards and between prisoners was endemic. Prison
authorities sanctioned prisoner rape, and according to former Prison Warden
Murray Henderson, the prison guards actually helped facilitate a brutal system
of sexual slavery where the younger and physically weaker prisoners were bought
and sold into submission. As part of the notorious �inmate trusty guard�
system, responsible for killing 40 prisoners and seriously maiming 350 between
1972-75, some prisoners were given state-issued weapons and ordered to enforce
this sexual slavery, as well as the prison�s many other injustices. Life at
Angola was living hell -- a 20th century slave plantation.
The Angola Panthers saw life at Angola as modern-day slavery
and fought back with non-violent hunger strikes and work strikes. Prison
authorities were outraged by the BPP�s organizing, and overwhelming evidence
has since emerged that authorities retaliated by framing these three BPP
organizers for murders that they did not commit.
Albert Woodfox and Herman Wallace
Both convicted of murder for the April 17, 1972, stabbing
death of white prison guard Brent Miller, Albert Woodfox and Herman Wallace
have recently had major victories in court that may soon lead to their release.
In response, Angola Warden Burl Cain and the Louisiana State Attorney General,
James �Buddy� Caldwell, are doing everything they can to resist this and to
keep the two in solitary confinement. In sharp contrast, Miller�s widow,
Leontine Verrett, now questions their guilt. Interviewed in March 2008, by NBC
Nightly News, she called for a new investigation into the case: �What I want is
justice. If these two men did not do this, I think they need to be out.�
Woodfox and Wallace were inmates at Angola, resulting from
separate robbery convictions, when they co-founded the Angola BPP chapter in
1971. Woodfox had escaped from New Orleans Parish Prison and fled to New York
City, where he met BPP members, including the New York 21, before he was
recaptured and sent to Angola. Wallace had met members of the Louisiana State
Chapter of the BPP, including the New Orleans 12, while imprisoned at Orleans
Parish.
On September 19, 2006, State Judicial Commissioner Rachel
Morgan recommended overturning Wallace�s conviction, on grounds that prison
officials had withheld evidence from the jury that prison officials had bribed
the prosecution�s key eyewitness in return for his testimony. However, in May
2008, in a 2-1 vote, the State Appeals Court rejected Morgan�s recommendation
and refused to overturn the conviction. Wallace�s appeal is now pending in the
State Supreme Court, with a decision expected any month.
On June 10, 2008, Federal Magistrate Christine Noland
recommended overturning Woodfox�s conviction, citing evidence of inadequate
representation, prosecutorial misconduct, suppression of exculpatory evidence,
and racial discrimination. Then, on November 25, U.S. District Court Judge
James Brady upheld Noland�s recommendation, overturned the conviction, and
granted bail. Attorney General Caldwell responded by appealing to the U.S.
Fifth Circuit. In December, the Fifth Circuit granted Caldwell�s request to
deny Woodfox bail, but indicated sympathy for the overturning of the
conviction, writing: �We are not now convinced that the State has established a
likelihood of success on the merits.� On March 3, oral arguments were heard by
appellate Judges Carolyn Dineen King, Carl E. Steart and Leslie H. Southwick,
and a decision from them is now expected within six months. If the three judge
panel affirms the overturning of Woodfox�s conviction, the state will have 120
days to either accept the ruling or to retry Woodfox. The state has already
vowed to retry him if necessary. If the Fifth Circuit rules for the state,
Woodfox�s conviction will be reinstated.
Ira Glasser, formerly of the ACLU, criticized AG Caldwell,
writing that following the October 2008 announcement that Woodfox�s niece had
agreed to take him in if granted bail, Caldwell �embarked upon a public scare
campaign reminiscent of the kind of inflammatory hysteria that once was used to
provoke lynch mobs. He called Woodfox a violent rapist, even though he had
never been charged, let alone convicted, of rape; he sent emails to [Woodfox�s
niece�s] neighbors calling Woodfox a convicted murderer and violent rapist; and
neighbors were urged to sign petitions opposing his release. In the end, his
niece and family were sufficiently frightened and threatened that Woodfox
rejected the plan to live with them while on bail.� In his Nov. 25 ruling,
Judge Brady himself criticized the intimidation campaign: �it is apparent that
the [neighborhood] association was not told Mr. Woodfox is frail, sickly, and
has a clean conduct record for more than twenty years.�
When the October 27-29 National Public Radio (NPR) series on
the case reported directly from Angola, reporter Laura Sullivan observed, �a
hundred black men are in the field, bent over picking tomatoes. A single white
officer on a horse sits above them, a shotgun in his lap . . . It�s the same as
it looked 40 years ago, and 100 years ago.� Commenting that many at Angola
today �seem to want to bury this case in a place no one will find it,� NPR
reported that Warden Burl Cain and others refused to comment. However, Caldwell
told NPR he is convinced that Woodfox and Wallace are guilty, and that he will
appeal Woodfox�s case all the way to the US Supreme Court. �This is a very
dangerous person,� Caldwell says. �This is the most dangerous person on the
planet.�
As NPR documented, there is no physical evidence linking
Woodfox or Wallace to the murder. A bloody fingerprint was found at the scene
but it matches neither prisoner�s prints. Prison officials have always refused
to test that fingerprint against their own inmate fingerprint database.
Caldwell vows to continue this policy, telling NPR: �A fingerprint can come
from anywhere . . . We�re not going to be fooled by that.�
Caldwell also told NPR that he firmly believes the testimony
of the prosecution�s key eyewitness, Hezekiah Brown, a serial rapist who had
been sentenced to life without parole. Brown first told prison officials that
he didn�t know anything, but he later testified to seeing Miller stabbed to
death by four inmates: Woodfox and Wallace, and two others who are now
deceased: Chester Jackson (who testified for the state and pled guilty to a
lesser charge) and Gilbert Montegut (who was acquitted after an officer
provided an alibi).
Pardoned in 1986, and now deceased, Brown always denied
receiving special favors from prison authorities in exchange for his testimony.
However, prison documents reveal special treatment, including special housing
and a carton of cigarettes given to him every week. Testifying at Woodfox�s
1998 retrial, former Warden Murray Henderson admitted telling Brown that if he
provided testimony helping to �crack the case,� he would reward him by lobbying
for his pardon.
Solitary confinement for �Black Pantherism�
In early 2008, a 25,000-signature petition initiated by
ColorOfChange.org, calling for an investigation into Woodfox and Wallace�s
convictions and solitary confinement, was delivered to Louisiana Governor Bobby
Jindal by the head of the State Legislature�s Judiciary Committee, Cedric
Richmond. To this day, Jindal remains silent on the case.
In March 2008, following a visit from Congressman John
Conyers, Chairman of the US House Judiciary Committee; Innocence Project
founder Barry Scheck; and Cedric Richmond, Wallace and Woodfox were transferred
from solitary and housed together in a newly-built maximum security dormitory
for twenty men. This temporary release from solitary lasted for eight months,
during which time Woodfox reflected: �The thing I noticed most about being with
Herman is the laughing, the talking, the bumping up against one another . . . we�ve
been denied this for so long. And every once in a while he�ll put his arm
around me or I�ll put my arm around him. It�s those kinds of things that make
you human. And we�re truly enjoying that.�
In April, following his visit, Conyers wrote a letter to the
FBI requesting their documents relating to the case, stating, �I am deeply
troubled by what evidence suggests was a tragic miscarriage of justice with
regard to these men. There is significant evidence that suggests not only their
innocence, but also troubling misconduct by prison officials.� The FBI
responded by claiming that they had no files on the case, because, they had
supposedly been destroyed.
In his deposition taken October 22, 2008, Warden Burl Cain
explained why he opposed granting Woodfox bail and removing him from solitary
confinement. Asked what gave him �such concern� about Woodfox, Cain stated: �He
wants to demonstrate. He wants to organize. He wants to be defiant . . . A
hunger strike is really, really bad, because you could see he admitted that he
was organizing a peaceful demonstration. There is no such thing as a peaceful
demonstration in prison.� Cain then stated that even if Woodfox were innocent
of the murder, he would still want to keep him in solitary, because �I still
know he has a propensity for violence . . . he is still trying to practice
Black Pantherism, and I still would not want him walking around my prison
because he would organize the young new inmates. I would have me all kinds of
problems, more than I could stand, and I would have the blacks chasing after
them. I would have chaos and conflict, and I believe that.�
The only other known U.S. prisoner to have spent so many
years in solitary confinement is Hugo Pinell, in California. One of the San
Quentin Six, Pinell was a close comrade of Black Panther and prison author,
George Jackson. Currently housed in Pelican Bay State Prison�s notorious �Security
Housing Unit,� Pinell has been in continuous solitary since at least 1971. The
recently freed Angola 3 prisoner Robert Hillary King says Pinell �is a clear
example of a political prisoner.� This January, Pinell was denied parole for
the next 15 years, which King says �is a sentence to die in prison. This is
cruel and unusual punishment, which may be legal but is definitely not moral.�
Robert Hillary King
The new book From the Bottom of the Heap: The
Autobiography of Robert Hillary King has just been released by PM Press.
This inspiring book tells of King�s triumph over the horrors of Angola. Born
poor in rural Louisiana, he was raised mostly by his heroic grandmother, who
King recounts �worked the sugar cane fields from sun up �til sun down for less
than a dollar a day. During the off-season, she washed, ironed clothes, and
scrubbed floors for whites for pennies a day or for leftover food. Her bunions and
blisters told a bitter but vivid tale of her travails.�
King first entered Angola at the age of 18 for a robbery
conviction. In his book, he admits to doing some non-violent burglaries at the
time, but maintains his innocence regarding this conviction and every one
since. Granted parole in 1965, at the age of 22, he returned to New Orleans,
got married, and began a brief semi-pro boxing career as �Speedy King.� He was
then arrested on charges of robbery, just weeks before his wife Clara gave
birth to their son. After being held for over 11 months, his friend pled guilty
to a lesser charge and was released on time served. Simultaneously, the DA
dropped the charges against King, but he was not released, because his arrest,
coupled with his friend�s guilty plea was deemed a parole violation. Therefore,
King was sent back to Angola where he served 15 months and was released again
in 1969.
Upon release, King was again arrested on robbery charges,
and was convicted, even though his co-defendant testified that he had only
picked King out of a mug shot lineup after being tortured by police into making
a false statement. King appealed, and while being held at New Orleans Parish
Prison, he escaped, but was re-captured weeks later. Upon returning to Orleans
Parish he met some of the New Orleans 12--BPP members arrested after a
confrontation with police at a housing project. He was radicalized and worked
with the Panthers organizing non-violent hunger strikes, and engaging in
self-defense against violent attacks from prison authorities.
In 1972, King moved to Angola shortly after the death of
prison guard Brent Miller. Upon arrival, on grounds that King �wanted to play
lawyer for another inmate,� he was immediately put into solitary confinement:
first in the �dungeon,� then the �Red Hat,� and finally to the Closed
Correction Cell (CCR) unit, where he remained until his 2001 release. At CCR,
King writes that the Angola BPP chapter and others continued to struggle, using
the one hour a day outside their cells (when they were allowed to shower and
interact in the walkway) to organize: �That was how we talked, passed papers,
educated each other, and coordinated our actions.�
King writes about the fight, started in 1977, to end the
practice of routine rectal searches of prisoners: �Coming to a consensus
conclusion that this practice was a carryover from slavery (before being sold,
the slave had to be stripped and subjected to anal examination), and after
months of appealing to our keepers, we decided to take a bold step: we would
simply refuse a voluntary anal search. We would not be willing participants in
our own degradation.� When King and others refused, they were viciously beaten.
Woodfox hired a lawyer on the prisoners� behalf and they filed a successful
civil suit. The court ruled to ban �routine anal searches.� Another victory
came after a one month hunger strike that stopped the unhealthy and
dehumanizing practice of putting the inmate�s food on the floor to be slid
underneath the cell door, whereby food would often be lost and the remaining
food would usually get dirty.
In 1973, King was accused of murdering another prisoner, and
was convicted at a trial where he was bound and gagged. After years of
maintaining his innocence and appealing, his conviction was overturned in 2001,
after he reluctantly pled guilty to a lesser charge of �conspiracy to commit
murder� and was released on time served.
Kenny �Zulu� Whitmore
On June 21, 2008, Robert King attended the unveiling of a
40-foot mosaic dedicated to Angola prisoner and Angola BPP member Kenneth �Zulu�
Whitmore, launching the �Free Zulu� campaign. King is working to publicize his
case, saying �Zulu is a true warrior, Panther, a servant of the people. He has
fought a good battle, for so long, unrecognized, unsupported!�
The mosaic adorns the back of activist/artist Carrie Reichardt�s
home in the West London suburb of Chiswick. Reichardt says �we chose to base
the design around a modern day interpretation of the Goddess Kali. She is
considered the goddess of liberation, time and transformation. We wanted to use
a strong, positive image of a female that would give hope and encourage others
to join the struggle to bring about social change. Her speech bubble says �The
revolution is now.��
Imprisoned since 1977, Whitmore met Herman Wallace while
imprisoned in 1973 at the East Baton Rouge Prison. Whitmore was released but
then arrested and subsequently imprisoned at Angola when he was convicted of
robbery and second-degree murder after he had returned to the community and
been a political organizer. Just like the Angola 3, the case against him is
full of holes, and he is appealing his conviction. Whitmore does not have a
lawyer yet, so the freezulu.co.uk website is raising money to support his
appeal.
Angola: The last slave plantation
Three court cases are now pending: the federal civil rights
lawsuit at the U.S. Middle District Court, Albert Woodfox�s appeal at the U.S.
Fifth Circuit, and Wallace�s appeal at the State Supreme Court. At this
critical stage, a new DVD has just been released by PM Press, titled The Angola
3: Black Panthers and the Last Slave Plantation. The DVD is narrated by
death-row journalist Mumia Abu-Jamal, and features footage of King�s 2001
release, as well as an interview with King and a variety of former Panthers and
other supporters of the Angola 3, including Bo Brown, David Hilliard, Geronimo
Ji Jaga (formerly Pratt), Marion Brown, Luis Talamantez, Noelle Hanrahan, Malik
Rahim, and the late Anita Roddick.
The perpetuation of white supremacy and slavery at Angola is
a central theme throughout the film. Fred Hampton Jr., emphasizes that �we�ve
got to make the connection between these modern day plantations, and what went
down with chattel slavery.� Scott Fleming, a lawyer for the Angola 3, says: �That
prison is still run like a slave plantation . . . People like Albert Woodfox
and Herman Wallace are the example of what will happen to you if you resist
that system.�
Longtime Japanese-American activist Yuri Kochiyama says that
Woodfox and Wallace �love people and will fight for justice even if it puts
them on the spot. I think of them as real heroes . . . who hated to see people
in the prison get hurt.� San Francisco journalist and former BPP member Kiilu
Nyasha adds that �it behooves us to not forget those who were on the frontlines
for us. . . . We need to come to their rescue because they came to ours.�
The many years of repression and torture have failed to
extinguish the Angola 3�s spirit or will to resist, as Woodfox explains in the
DVD: �At heart, mind and spirit, we�re still Black Panthers. We still believe
in the same principles as the BPP, we still advocate the ten point program. We
still advocate that all prisoners, black or white, are human beings. They
deserve to be treated as human beings.�
For more information, please visit www.angola3.0rg.
This article first appeared on AlterNet.org.
Hans Bennett is an independent multi-media journalist and co-founder of Journalists for Mumia Abu-Jamal (www.abu-jamal-news.com).