Angola 3 News from the Angola 3

(Herman Wallace, in ambulance after his release.)

In an article published this evening, Lauren McGaughy of the Times-Picayune cites an announcement by West Feliciana District Attorney Samuel D’Aquilla, that a grand jury has reindicted Wallace. McGaughy writes further that:

George Kendall, one of Wallace’s attorneys, said no one on his legal team was notified of the indictment Thursday. Documents filed in Louisiana’s Middle District on Thursday show D’Aquilla notified the court of his intent to reindict Wallace.

“We have not received any official notification of an indictment, but if it is true, we are shocked that a state grand jury was asked to indict a man who has only days to live,” Wallace’s legal team said in a statement.

Kendall said he was “not surprised” that D’Aquilla didn’t notify Wallace’s legal team, but said the situation is disappointing and unusual.

McGaughy concludes that “the reindictment is largely a political move, as D’Aquilla said he would not ask that Wallace be put back behind bars, and also wouldn’t set a court date until the end of the year..” Read the full article here.

Please check back for an A3 Coalition statement in response to this news.

(Recent photo of Herman Wallace)

On the evening of August 20, the Angola 3 legal team filed a request for bail in Herman’s habeas case.  This comes only days BEFORE a recommendation is expected from the Magistrate Judge reviewing the case.  Judge Jackson has the authority to issue bail at any time while the case is under consideration, but especially when the facts are compelling and failure to release on bail could “leave the petitioner without remedy.” 

In addition to an overwhelming body of evidence pointing to actual innocence, his habeas claim presents not one but 4 strong constitutional violations each sufficient on their own to trigger release.  According to the prisons own mechanisms of review, he does not pose a danger to himself or others and has not had a disciplinary write up for any incidence of institutional violence in over 30 years.  Most crucially at this time, his health continues to deteriorate rapidly, in no small part due to “the sub-standard care of the Louisiana Department of Corrections,” and if bail is denied, he may not survive the weeks or months possibly needed to complete the litigation of his claim, even if the Court rules in his favor.

According to the legal team, this sort of request for bail pending habeas review was once relatively routine 20 years ago but is only very rarely granted now.  However, as we all know well, and as the attorneys do an excellent job of summarizing for the Court, Herman’s case is “exceptional,” and “deserving of special treatment in the interests of justice.”

Let us hope Judge Jackson agrees.

We will update you as soon as we hear anything from the Court.