November 9, 2006
Dear Friends and Supporters of the Angola 3,
With great joy, we can announce that 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 September 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 per 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. We will
keep everyone informed of developments in the case. In the meantime, check out
this new music video dedicated to the Angola 3 case, produced by Dave Stewart
of Eurythmics www.youtube.com/watch?v=YByERaSXiGA, and the AP article
on the new decision,
seattlepi.nwsource.com/national/1110AP_Black_Panther_Case.html
Best to all,
Nick Trenticosta and Scott Fleming
Attorneys for Herman Wallace and Albert Woodfox
