We Speak Your Name (A3 Newsletter about Herman Wallace’s Memorial Service)

HONORING HERMAN:  Tribute made by US Congressmen Conyers, Richmond, and Scott  II  Mural and Banner in North Carolina  II  Mumia Abu-Jamal’s Message for Herman’s Memorial (in SpanishII  Washington Post  II  New Orleans Public Radio  II  Rev. Mae Elise Cannon, Huffington Post

ON HERMAN’S RELEASE:  Herman’s Conviction Overturned and Immediate Release Ordered! (morning of Oct. 1)  II  Judge Jackson Denies State’s Request for a Stay and Issues Second Order for Herman’s Immediate Release (afternoon of Oct. 1)  II  Free At Last! Herman Has Finally Been Released (evening of Oct. 1)  II  West Feliciana DA Says Herman Has Been Reindicted (Oct. 3)  II 
The “Muhammad Ali of the Criminal Justice System” Passes On (Oct. 4)  II  Turning Grief Into Strength; Oct. 12 Memorial Service in NOLA (Oct. 7)
 

(A3 Coalition Newsletter, Oct. 13, 2013)

Yesterday, Herman Wallace was laid to rest after a memorial service befitting his liberation roots.  New Orleans supporters, friends and family came together to create a magnificent send off for Herman, just the way he wanted it.

As a proud black man who struggled for justice for himself, his comrades, his people and all people, Herman wanted the remembrance to be in a community space and to provide a forum for many of his supporters to speak and most importantly to bring people together.  As you’ll see from the photos below, it was a memorable occasion. You can also read the statement that Albert Woodfox wrote for Herman, featured below.

Join Amnesty for the second line parade in honor of Herman in New Orleans on Saturday, October 19, at 2:00 pm, starting at St. Augustine Catholic Church, 1210 Governor Nicholls Street, and concluding at the Louisiana Supreme Court, 400 Royal Street.

Rest in peace and in power Herman Wallace – the struggle continues.

Herman Wallace… We Speak Your Name & Those of the Ancestors

Essay by Mariame Kaba
Photos by Ann Harkness

(click on photos to view full size / higher resolution)

Herman Wallace would have turned 72 years old today. Instead on October 4th, he died in his sleep, his body ravaged by liver cancer. Wallace had just been released from a Louisiana prison three days earlier after having spent over 40 years in solitary confinement in a 6 by 9 cell.

Among his final words, he is reported to have said: “I am free. I am free.” It’s a minor miracle that he was able to die surrounded by friends instead of in a prison hospital. A judge overturned his 1974 conviction for the murder of a guard at Angola prison and ordered his immediate release. Only a couple of days later, while he lay dying in his hospital bed, the state of Louisiana filed charges to re-indict him. There was actually a question as to whether he might be re-arrested. Louisiana was determined that Wallace should die in prison by any means necessary.

Yesterday, Wallace was buried and I’ve been thinking again about the fact that some of his final words before dying were about being “free.” Is death the only way for black people to be “free?” As Wallace’s family continues to raise money to cover the expenses incurred by his funeral, one has to wonder if even death can liberate blackness from captivity.

This brings me to the story of Prince Mortimer who I have been thinking a lot about since hearing of Herman Wallace’s death. Mortimer died in 1834 in Wethersfield State Prison. He was 111 years old. Prince Mortimer arrived in America when he was 6 years old from Guinea in West Africa. He was enslaved in Middleton Connecticut and imprisoned at 87 years old for attempting to poison one of his masters, a man by the name of George Starr.

If not for a brief mention of him in an 1844 book by Richard Phelps titled Newgate of Connecticut : its origin and early history, Prince Mortimer’s story would have been lost to us. Instead, a lawyer turned writer named Denis R. Caron wrote a book about his life titled A Century in Captivity: The Life and Trials of Prince Mortimer, a Connecticut Slave. Frankly the book does a much better job at describing early American prison history than it does at painting a comprehensive picture of Mortimer’s life and of slavery. This is mostly because primary source material about Mortimer is almost non-existent. Regardless, it was through this book that I first learned of him.

When he was 103 years old, Mortimer was transferred from Newgate prison which was being permanently shuttered to Wethersfield State Prison. There, he spent his final days in solitary confinement in a 3 1/2 by 7 cell without water or heat. He was still expected to work even at his advanced age. When Prince Mortimer died in 1834, he was buried in the prisoners’ cemetery in an unmarked grave.


And so I’ve been thinking about Herman Wallace in his tiny cell for over 40 years and of Prince Mortimer who spent 105 years in captivity. I’ve been thinking about the connections between their lives 140 years apart. Mortimer died incarcerated in 1834 and Wallace was sentenced to life in prison in 1974. In the brief account about Mortimer in Phelps’ 1844 book, he writes:

“He appeared a harmless, cleaver old man, and as his age and infirmities rendered him a burden to his keepers, they frequently tried to induce him to quit the prison. Once he took his departure, and after rambling around in search of some one he formerly knew, like the aged prisoner released from the Bastille, he returned to the gates of the prison, and begged to be re-admitted to his dungeon home, and in prison ended his unhappy years.”

As an enslaved black man in America, Mortimer had been prepared for his prison existence. After all, he’d already spent 81 years in bondage & captivity before he set foot inside Newgate prison. Wallace also understood that as a black man, he had been born into a captive society in a state of confinement where his opportunities were curtailed. Yet, there was something in Wallace’s spirit that always refused to be caged. I’d like to think that perhaps Prince Mortimer was by his side whispering, “Hold on, son. Don’t let them break you.”

Maybe Mortimer lived & died so that Herman Wallace could experience three days of freedom before his passing. My mother likes to say that as black people living today, we’ve already been paid for through our ancestors’ suffering. I don’t know if I agree. But I do know that Herman Wallace stands on the shoulders of Prince Mortimer. And that I stand on Wallace’s which means that I can see more of the horizon than either Mortimer or he could.

Prince Mortimer & Herman Wallace, I speak your names in the hope that those who will stand on my shoulders make it closer to true freedom.

I speak your names…
I speak your names…
I speak your names…

Rest in Power!

–Mariame Kaba is the director of Project NIA.
 
Farewell Herman
By Albert Woodfox

Well, the old man has decided to leave us! I am sure it was a very hard choice for him, who will I serve, the ancestors who have called me home, or humanity whom I love so much?

Old man, was my term of endearment – it had to do with the age of everything – to do with his heart and soul. Herman “Hooks” Wallace was not a perfect human being, and like all men, he had faults and weaknesses, but he also had character! He could make me so mad, that I wanted to rip his head off! Then he would melt my heart with a word, or act of kindness to another human being.

On October 1st sitting in a hospital room, with the other part of my heart (Robert H. King), I tried to will a miracle and it was granted, not the miracle of life that I wanted but the miracle of freedom!  After 42 years of tireless struggle against evil, he was a free man!

I wanted so badly to witness his walk to freedom, but it was not to be, I had to leave, but after losing my mother, sister and brother in law to cancer, I was at peace!

I had a chance to say goodbye to my comrade in the struggle, my mentor in life, my fellow panther and most of all, my friend. Herman taught me that a man can stumble, even fall, as long as he gets up. That it’s OK to be afraid, but hold onto your courage. To lose battle, is not the loss of a war!

Herman Wallace’s greatest pride was joining the Black Panther Party for self defense! He believed in duty, honor and dedication. He never broke the faith of the party, his comrades or the people. As I bent to kiss his forehead, my heart said goodbye – I love you forever – my soul said – separated but never apart – never touching, but always connected. He was the best of us, as long as we remember him, he lives on.

All Power to the People!

Albert “Shaka Cinque” Woodfox

(Photos of banner and mural from North Carolina)

UN Special Rapporteur on Torture Demands the Release of Albert Woodfox from Solitary Confinement

MEDIA COVERAGE:  The Advocate  II  Al Jazeera  II  Washington Post / Associated Press  II  UPI  II  Amnesty International: “We now need to focus on the fact that after all this time Albert Woodfox is still being held in solitary confinement. This must end immediately.”

Reprinted below is a new statement released today by the Office of the United Nations High Commissioner for Human Rights, demanding Albert Woodfox’s immediate released from solitary confinement.
 US: “Four decades in solitary confinement can only be described as torture” – UN rights expert

GENEVA (7 October 2013) – The United Nations Special Rapporteur on torture, Juan E. Méndez, today called on the United States to immediately end the indefinite solitary confinement imposed on Albert Woodfox since 1972.

Mr. Woodfox was convicted of murder together with Herman Wallace, who was released last week when his conviction was overturned on appeal. A day later, on 2 October, Mr. Wallace died after battling cancer, having spent 41 years in solitary confinement.

“This is a sad case and it is not over” stressed Mr. Méndez. “The co-accused, Mr. Woodfox, remains in solitary confinement pending an appeal to the federal court and has been kept in isolation in a 8-foot-by-12 foot (2.5 x 3.5 m. Approx.) cell for up to 23 hours per day, with just one hour of exercise or solitary recreation.”

“Keeping Albert Woodfox in solitary confinement for more than four decades clearly amounts to torture and it should be lifted immediately,” said Mr. Méndez, who has repeatedly urged the US Government to abolish the use of prolonged or indefinite solitary confinement. “I am deeply concerned about his physical and mental condition.”

“The circumstances of the incarceration of the so-called Angola Three clearly show that the use of solitary confinement in the US penitentiary system goes far beyond what is acceptable under international human rights law,” the independent investigator on torture and other cruel, inhuman or degrading treatment or punishment noted.

Mr. Méndez welcomed the federal court ruling of 1 October 2013, but noted that the use of solitary confinement and its negative effects on inmates is widespread throughout the US penitentiary system.
“Persons held in solitary confinement should always be allowed to challenge the reasons and the length of the regime, and should always have access to legal counsel and medical assistance,” Mr. Méndez said.

The human rights expert urged the US Government to adopt concrete measures to eliminate the use of prolonged or indefinite solitary confinement under all circumstances.

“I call for an absolute ban of solitary confinement of any duration for juveniles, persons with psychosocial disabilities or other disabilities or health conditions, pregnant women, women with infants and breastfeeding mothers as well as those serving a life sentence and prisoners on death row,” he said.

The Special Rapporteur addressed the issue of solitary confinement in the US in his 2011 report* to the UN General Assembly and in numerous communications to the Government. He has also repeatedly requested an invitation to carry out a visit to the country, including state prisons in California, but so far has not received a positive answer.

“It is about time to provide the opportunity for an in situ assessment of the conditions in US prisons and detention facilities,” Mr. Méndez reiterated.

Juan E. Méndez (Argentina) was appointed by the UN Human Rights Council as the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on 1 November 2010. He is independent from any government and serves in his individual capacity. Mr. Méndez has dedicated his legal career to the defense of human rights, and has a long and distinguished record of advocacy throughout the Americas. He is currently a Professor of Law at the American University – Washington College of Law and Co-Chair of the Human Rights Institute of the International Bar Association. Mr. Méndez has previously served as the President of the International Center for Transitional Justice (ICTJ) until 2009, and was the UN Secretary-General Special Advisor on the Prevention of Genocide from 2004 to 2007, as well as an advisor on crime prevention to the Prosecutor, International Criminal Court, between 2009 and 2010. Learn more, log on to: http://www.ohchr.org/EN/Issues/Torture/SRTorture/Pages/SRTortureIndex.aspx

(*) Check the 2011 report on solitary confinement: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N11/445/70/PDF/N1144570.pdf?OpenElement or http://ap.ohchr.org/documents/dpage_e.aspx?m=103

UN Human Rights Country Page – United States of America: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/USIndex.aspx

For more information and media requests, please contact Ms. Sonia Cronin (+41 22 917 91 60 / scronin@ohchr.org).

For media inquiries related to other UN independent experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)

West Feliciana District Attorney Says Herman Wallace Has Been Reindicted

(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.

Free At Last! Herman Wallace Has Finally Been Released

–Special thanks to PBS, who is currently honoring Herman by streaming the new film Herman’s House, which you can watch, in full, here. MEDIA COVERAGE:  Oct. 2 episode of Democracy Now (embedded above) and Amy Goodman’s Truthdig column  II&nb…

Bail request filed by Herman Wallace’s legal team

(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.