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Appeals court blocks release of Angola 3 inmate

By Danielle Haynes
The Fifth Circuit Court of Appeals on Tuesday temporarily blocked the release of Albert Woodfox, one of the members of the so-called "Angola 3." Photo courtesy Amnesty International
The Fifth Circuit Court of Appeals on Tuesday temporarily blocked the release of Albert Woodfox, one of the members of the so-called "Angola 3." Photo courtesy Amnesty International

BATON ROUGE, La., June 9 (UPI) -- An appeals court on Tuesday temporarily halted the release of Albert Woodfox, a member of the so-called "Angola 3," after Louisiana Attorney General James "Buddy" Caldwell filed an appeal.

A three-judge panel with the Fifth Circuit Court of Appeals blocked Woodfox's release until 1 p.m. Friday, one day after a ruling by U.S. District Judge James Brady ordering the man's release. Woodfox, who spent 43 years in solitary confinement, was the last of three men convicted for the death of prison guard Brent Miller to be ordered released from incarceration.

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Woodfox, 68, was serving a 50-year sentence for armed robbery in 1972 when he was involved in a riot at Angola State Prison that resulted in Miller's death. He, Robert King and Herman Wallace were each convicted. King spent 29 years in solitary confinement before his conviction was overturned and he was released.

Wallace was released in 2013 after 41 years confinement. He died two days later.

Woodfox's initial conviction was overturned, but he was found guilty again in 1998. He maintained his innocence over the years, saying he was targeted because he helped organized the prison's Black Panther Party.

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Brady's order prevents Woodfox from being tried a third time on murder charges.

"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 40 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 40 years ago," Brady wrote in his ruling.

Caldwell on Tuesday filed an appeal of Woodfox's release, asking for the Fifth Circuit to review Brady's ruling.

Woodfox's attorneys called for their client to be "released as soon as possible.

"It undermines faith in the rule of law and in justice to see the state continue to pursue Mr. Woodfox's incarceration under the harshest possible circumstances, especially after the state has been unable to secure a constitutionally sound conviction after two different chances," they said in a statement emailed to UPI. "Now, all of the key witnesses for both sides are deceased, and Mr. Woodfox is an elderly man in failing health who has been a model prisoner. We believe the Fifth Circuit will find that the district court's ruling was sound, well-reasoned, and based on well-established law."

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U.S. Rep. Cedric Richmond, D-La., also called on Caldwell to "respect the ruling of Judge Brady and grant Mr. Woodfox his release immediately.

"This is an obviously personal vendetta and has been a waste of tax payer dollars for decades. The state is making major cuts in education and healthcare but he has spent millions of dollars on this frivolous endeavor and the price tag is increasing by the day," he said.

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