Razor Wire, Prison Cells, and Black Panther Robert H. King’s Life of Resistance –An interview with filmmaker Ron Harpelle

Hard Time (2014) from Shebafilms Kelly Saxberg on Vimeo.

In Security from Shebafilms Kelly Saxberg on Vimeo.

Razor Wire, Prison Cells, and Black Panther Robert H. King’s Life of Resistance
–An interview with filmmaker Ron Harpelle

By Angola 3 News

A new 40-minute documentary film by Canadian History Professor Ron Harpelle, entitled Hard Time, focuses on the life of Robert Hillary King, who spent 29 years in continuous solitary confinement until his conviction was overturned and he was released from Louisiana’s infamous Angola State Prison in 2001.

Along with Herman Wallace and Albert Woodfox, Robert King is one of three Black Panther political prisoners known as the Angola 3. Last October, Herman Wallace died from liver cancer just days after being released from prison. Albert Woodfox remains in solitary confinement to do this day, with the upcoming date of April 17, 2014 marking 42 years since he was first placed there.

When Albert Woodfox’s conviction was overturned for a third time in February 2013, his release was halted because the Louisiana Attorney General immediately appealed to the US Fifth Circuit Court, despite an Amnesty International campaign calling on the AG to respect US District Court Judge James Brady’s ruling and not appeal. The Amnesty campaign (take action here) is now calling for Woodfox’s immediate release.

In March, Amnesty released a new interview with Teenie Rogers, the widow of correctional officer Brent Miller, the man who Albert Woodfox and Herman Wallace were wrongfully convicted of murdering. “This needs to stop, for me and my family to get closure,” Rogers says. She expresses sadness that she tried but was unable to see Herman before he passed and explains: “I am speaking out now because I don’t want another innocent man to die in prison.”

In an email message sent out by Amnesty, Robert King said: “Teenie believes me. She believes that the Angola 3 had nothing to do with her husband’s murder. She believes that Albert Woodfox, Herman Wallace and I suffered years of cruel solitary confinement as innocent men…The state hasn’t done justice by her, either. She’s angry. We both are. Louisiana authorities are hell bent on blaming the wrong person. Well, I’m hell bent on setting him free.”

Hard Time was recently shown in Canada at both the Toronto and Montreal Black Film Festivals, following Robert King’s testimony in Chicago about solitary confinement at the annual meeting of the American Association for the Advancement of Science earlier that month. On April 20, Hard Time will be shown in Paris, with French subtitles, at the Ethnografilm Festival.

The full, 40-minute version of Hard Time can now be viewed online, along with Ron Harpelle’s previous film, entitled In Security. Our interview with Harpelle is featured below.

(PHOTO: Robert King and Ron Harpelle w/ Kathleen Cleaver at the Montreal Black Film Festival. View more photos here.)

Angola 3 News:   How do the issues examined by your earlier film In Security relate to your new film, Hard Time, about Robert King, the Angola 3, and the use of solitary confinement in US prisons? How did In Security lead you to Robert King and the eventual making of Hard Time?

Ron Harpelle:   I stumbled onto Robert King while working on In Security, a film about barbed wire. I’m a historian who happens to make documentary films and what really interests me is how things we see as a part of everyday life have evolved and shaped the society we live in. My film about barbed wire shows how a simple 19th century innovation in agriculture became a means of restraining the movements of people and a universal symbol of oppression.

Barbed wire is also known as the “Devil’s Rope” and my objective was to make a film that would leave audiences thinking about the barbarism that surrounds us all the time. The film consists of a series of vignettes about barbed wire that tie the stories of dispossession, suffering and punishment together, and it is dedicated to the Angola 3. In Security covers a little more than a century of history and it ends in the Louisiana State Penitentiary, aka Angola.

I contacted the prison authorities and asked if I could somehow be allowed to film in the prison. To my surprise, they wrote back immediately and welcomed me to tour the facility. This was my first time in a prison and I knew that for the purposes of my film I had hit the jackpot. I had already filmed in the West Bank, which is a big prison, and in South Africa, where they produce a razor wire with a fish hook blade that is designed to cut and catch. What I needed was something that brought the film to a conclusion and Angola is the most spectacular example of barbed wire. This is when I started to read the history of corrections in Louisiana and of Angola.

I soon discovered Robert King living in Austin and I made arrangements to meet him when I was in town on my way to film a segment of In Security at the border wall in Brownsville. I’m not sure what he thought about me, a Canadian interested in razor wire, but I really had no idea what sort of man King would be. I don’t know what I expected other than someone who would be able to tell the film’s viewers what it was like to be locked up in a prison for such a long time.

When I knocked on his door I was greeted by a mild mannered man living in a small house decorated with Panther paraphernalia in every corner. I had read his book and searched the internet for information about him and the A3. I really couldn’t believe my luck at finding a subject like Robert King and I only hoped that he would be a good interview. In my mind I was arriving to ask a wise man to share his thoughts with me and I quickly cut to the chase by asking him to tell me about barbed wire. That’s when King told me he couldn’t help me with my film because, he said, “Where they kept me it was nothing but steel bars and concrete.” That was the moment I realized that another film, a sort of sequel to In Security, would have to be made. Robert King didn’t make it into In Security, but he also didn’t end up on the cutting room floor.

Like most people, I had never given solitary confinement more than a passing thought. I knew it existed and I knew about injustice and cruelty in the penal system, but I had never been obliged to think about it. I had also never had the privilege of meeting someone like Robert King. During that first meeting I asked him all the questions people who first meet him ask and I got the answers he usually gives. Like all those answers that I have now heard so many times, he was sincere and insightful and as always, it was as though he was being asked the questions for the first time.

I had never met a Black Panther either. They weren’t big in Canada and by the time I became politically aware, they were a thing of the past. I’m too young to remember the summer of ‘68, but there were a lot of draft dodgers and other leftists in our universities, so I read many of the books that Herman Wallace, Albert Woodfox and King read in prison. I was, therefore, taken with King’s politics and fascinated by the story of his radicalization. I saw that King has a loyal network of committed people around him who support the A3 cause. In him I saw an opportunity to make another film, this time about the life of a remarkable man.

The result is a film called Hard Time. I didn’t have much of a budget for the film but I knew it was one that had to be made. Anyone who follows the news about the A3 knows that Robert King is a moving target. I work with my wife and together we stalked King for about a year whenever our paths came close to each other. In this way I met several of the people who are closest to King and I interviewed some of them. But in the end, the film is just about King and it is his story punctuated with archival footage and photographs.

Filmmaking is a cooperative venture and Robert King was a cooperative subject. When the film started to come together I sent a copy to King and he told me after viewing the rough cut that it was “impactive.”

I see it as a film that can take King’s story to all the places he can’t go himself. I do not make films that confirm what people already know, so I made Hard Time to help explain the history of civil rights and the Black Panthers to new audiences. Robert King is the thread that runs through this history.

A3N:   Could you say more about your time spent with King?

RH:   I wouldn’t spend time with him if he wasn’t a pleasure to be around. When we first met he would often say things like “I’ve had a lot of time to think about that.” He doesn’t say that to me so much anymore because our conversations have changed. I no longer ask many personal questions about him. Instead, we talk about issues and like anyone who has had a lot of time to think about things, and his responses are thoughtful and referenced. King is easy going but he is a man who is making up for lost time and he has both a political consciousness and a cause. I now spend lots of time thinking about what King says and trying to answer his questions.

When I last spent time with King he had just come from the American Association for the Advancement of Science conference in Chicago where he was on a panel about the long-term effect of solitary confinement. I joked with King that he was not exactly the best example of all the damage solitary has on a human being. There is no escaping the fact that for three decades he was the subject of cruel and unusual punishment, but his spirit is such that he gets up every morning with the drive to change the world. This is a remarkable statement about King’s personality and humanism.

A3N:    Looking at the Angola 3 case, and more specifically the continuation of Albert Woodfox’s nearly 42 years in solitary despite his conviction having been overturned for a third time last year, what do you think motivates Louisiana authorities? Is it to be vengeful as Amnesty International argues?

RH:    Vengeance is one thing that motivates some, but it is the system that permits the Louisiana authorities to act in the way they have.

When I visited Angola I was shown around by a man who was doing his job, just like all the other people working there who are doing their jobs. I was shocked when he told me that the only educational program offered in Angola is a religious program that enables prisoners to become preachers. Evidence of the success of this program are the numerous churches that have been built on the prison. I was told that it would be a waste of money to provide any other kind of education to the 5200 men in the prison because most were going to die in Angola and would never be able to use their education.

However, there is some training because everybody except those in solitary work until they die and the prison turns a profit by selling commercial crops and manufacturing things like license plates. It also turns a profit by holding two rodeos per year where several thousand people from the outside go to watch men who did not grow up on a ranch risk their lives in an attempt to win a bit of money. The prisoners work off the cost of incarceration in the fields and factories run by prison industries at a rate of 4 to 20 cents an hour. We speak of slave wages, but even slaves had more freedom than the men in Angola.

The US is one of the most affluent societies in world history and it seems to me that since most of the men and women who end up in prison are poor people, a better use of their time in prison would be to provide them with an education and programs that would allow them to work off the negative effects of being, as King puts it, from the “bottom of the heap.” The authorities are merely products of a system that relies on convict labor.

It is also not just the A3 and Albert Woodfox who are victims of the system. They just released Glenn Ford, a man who spent 30 years on death row in Angola for a crime he did not commit. Albert remains in prison as the last of the A3 to be in solitary but there are 80,000 other men and women in 6 by 9 cells across the United States. I’m sure that some of these people are a danger to themselves or to others, but keeping tens of thousands of people in cages is the sign of a society that is in real trouble.

A3N:   What about Albert and the A3 do you think LA authorities have viewed as the biggest threat?

RH:   The A3 are a threat because they challenged the system and their case can change the system.

I use the present tense because I was with King in New Orleans to show Hard Time and after the film a man stood up and said: “You maybe don’t remember me, but 35 years ago I was in CCR with Herman, Albert and you, and you saved my life. I spent three years in solitary and you taught me how to survive. When I got out of solitary I turned my anger into something positive, I did my time, and I am here today to thank you.” I should also add that there were maybe 30 men in the room and judging from what I heard, as a group they had spent a total of about 600 years in Angola. That’s 600 years of labor, 600 years of suffering, 600 years of lost opportunity for humanity.

Albert’s 42 years are easy to focus on, but there are 2.5 million men and women in prison in the United States on any given day. Every year that’s 2.5 million years of contributions to society that are lost. Not all of these people can contribute more than they cost society, but most of them can and it is incumbent on the authorities in Louisiana and elsewhere to see them as more than just an alternative to slave labor.

A3N:    What message do you hope that viewers of Hard Time will walk away with after seeing your film?

RH:    The message of hope is, as King says, “just put one foot in front of the other and you will get there.” That’s what the struggle for human rights and social justice is.

I think that when viewers meet Robert King and find out how he overcame the most incredible obstacles to become the man he is, they can look around at their own situation and see how many options there really are that will allow them to make a better life for themselves and for all the rest of us. There is a message of hope in his story and it is for anyone who dreams of a better future and is willing to pitch in to make it happen.

I think that most people who see the film or, better yet, meet King, come away with admiration and inspiration. This is the King effect. How can anyone really complain about their lot in life after hearing about what Robert King endured, how he succeeded in conquering a mountain of injustice and how he now spends just about every waking moment working to benefit those left behind and all those victims of injustice somewhere in the world that he will never know?

Hard Time is a story about a man who is making a difference.

A3N:    As you have interacted with the audience at recent screenings in Montreal, Toronto, and beyond, how has Hard Time been received?

RH:    It is a strange thing to have the subject of your film with you and ready to answer questions after the screening. They never line up to talk to me, but they certainly line up to meet King. He must be tagged in hundreds of photos on Facebook and I’ve seen blogs and other post-screening media that illustrate the power of his presence and message.

Let’s also remember that there is a difference in Canada. Most of the members of the audience are either West Indians or Africans, or their Canadian offspring. Canada was not a prime destination for slaves and our immigration laws only opened up in the 1950s. The Underground Railroad brought more runaway slaves to Canada than slavery brought slaves. Our racism is focused differently.

Our host for the events in both Toronto and Montreal was a prominent Haitian woman and Haitians freed themselves from slavery in 1804. What this means is that the majority of the people in the audience had lived experiences that are very different from those of Robert King. Their reality in a city like Toronto or Montreal is different from that of people living in places like Louisiana. These are people with their own civil rights heroes but they can identify with the themes and stories in Hard Time.

Another side of this is the Montreal media experience. Robert King was featured in the most important newspapers and on a television show called Tout le monde en parle. The title means “everyone is talking about it,” and his 15 minute interview was alongside leading Quebec celebrities, including Justin Trudeau, a man who may well be our next Prime Minister. This was the royal treatment in a province that hates royalty. They even cracked open a bottle of wine,  toasted King on national television and gave him a standing ovation. Over a million viewers heard him answer questions and thousands more watched it online.

King was also a guest on the Prison Radio Show at McGill University and a few other media outlets. Not only that, but the Montreal screening was introduced by the U.S. Consul General to Montreal.

All of this media attention adds up in the internet universe and helps draw attention to Albert Woodfox and the system that puts millions of people behind bars.

A3N:    In Hard Time, King reflects on the early formation of his political consciousness leading up to joining the Black Panther Party: “After getting 35 years…I began to feel that I owed no more obligation to the system… I had no moral obligation to a system that was designed to oppress and to oppress certain people…I began to look at that which was legal and that which was moral….Slavery was legal but just because it was legal did not mean that it was morally right.” 

As a filmmaker, how do you think films and other forms of activist-oriented media can be used to affect similar changes in people’s consciousness, like the metamorphosis described by King? Did you style your film in any particular way, so as to affect this type of consciousness change in the audience?

RH:    I like to think that I make films for people who are between about 15 and 25. This is because I believe that this age group is the near future and they are still young enough to be open to new ideas.

I have been an activist for some time, but it was only when I started making films that I was able to see the kind of impact the medium can have. This is because films do not require effort on the part of the viewers, but, if the viewer is open to new ideas, they penetrate like no other medium.

Hard Time begins with some basic information about Robert King and the Angola 3 and ends with some statistics about incarceration in the United States. Connecting this basic information is a history lesson told by Robert King. His way of speaking combined with the archival footage and images I was able to find tell a compelling tale of the 1960s and the rise of Black Power. We do hear a bit about the brutality of prison, but this is mainly left to the imagination of the viewer because Hard Time is meant to be an inspirational film.

All of this is presented in a subtle manner so that the film can get under the radar of the censors who keep ideas out of schools and away from the young people I want to reach.

A3N:    Any closing thoughts?

RH:    The film is available for free online but I hope that people will not watch it alone. It is important that individuals come together to discuss Robert King’s story.

There are all sorts of lessons that can be learned and all sorts of possibilities for people to take collective action to make a change in our world. This film can and should be used to engage people in the A3 case and injustices everywhere.

There is so much that needs to be done in so many communities. This is what Robert King learned while in prison and it is the lesson he shares with the world.

–Angola 3 News is a project of the International Coalition to Free the Angola 3. Our website is www.angola3news.com where we provide the latest news about the Angola 3. We are also creating our own media projects, which spotlight the issues central to the story of the Angola 3, like racism, repression, prisons, human rights, solitary confinement as torture, and more.

Razor Wire, Prison Cells, and Black Panther Robert H. King’s Life of Resistance –An interview with filmmaker Ron Harpelle

Hard Time (2014) from Shebafilms Kelly Saxberg on Vimeo.

In Security from Shebafilms Kelly Saxberg on Vimeo.

Razor Wire, Prison Cells, and Black Panther Robert H. King’s Life of Resistance
–An interview with filmmaker Ron Harpelle

By Angola 3 News

A new 40-minute documentary film by Canadian History Professor Ron Harpelle, entitled Hard Time, focuses on the life of Robert Hillary King, who spent 29 years in continuous solitary confinement until his conviction was overturned and he was released from Louisiana’s infamous Angola State Prison in 2001.

Along with Herman Wallace and Albert Woodfox, Robert King is one of three Black Panther political prisoners known as the Angola 3. Last October, Herman Wallace died from liver cancer just days after being released from prison. Albert Woodfox remains in solitary confinement to do this day, with the upcoming date of April 17, 2014 marking 42 years since he was first placed there.

When Albert Woodfox’s conviction was overturned for a third time in February 2013, his release was halted because the Louisiana Attorney General immediately appealed to the US Fifth Circuit Court, despite an Amnesty International campaign calling on the AG to respect US District Court Judge James Brady’s ruling and not appeal. The Amnesty campaign (take action here) is now calling for Woodfox’s immediate release.

In March, Amnesty released a new interview with Teenie Rogers, the widow of correctional officer Brent Miller, the man who Albert Woodfox and Herman Wallace were wrongfully convicted of murdering. “This needs to stop, for me and my family to get closure,” Rogers says. She expresses sadness that she tried but was unable to see Herman before he passed and explains: “I am speaking out now because I don’t want another innocent man to die in prison.”

In an email message sent out by Amnesty, Robert King said: “Teenie believes me. She believes that the Angola 3 had nothing to do with her husband’s murder. She believes that Albert Woodfox, Herman Wallace and I suffered years of cruel solitary confinement as innocent men…The state hasn’t done justice by her, either. She’s angry. We both are. Louisiana authorities are hell bent on blaming the wrong person. Well, I’m hell bent on setting him free.”

Hard Time was recently shown in Canada at both the Toronto and Montreal Black Film Festivals, following Robert King’s testimony in Chicago about solitary confinement at the annual meeting of the American Association for the Advancement of Science earlier that month. On April 20, Hard Time will be shown in Paris, with French subtitles, at the Ethnografilm Festival.

The full, 40-minute version of Hard Time can now be viewed online, along with Ron Harpelle’s previous film, entitled In Security. Our interview with Harpelle is featured below.

(PHOTO: Robert King and Ron Harpelle w/ Kathleen Cleaver at the Montreal Black Film Festival. View more photos here.)

Angola 3 News:   How do the issues examined by your earlier film In Security relate to your new film, Hard Time, about Robert King, the Angola 3, and the use of solitary confinement in US prisons? How did In Security lead you to Robert King and the eventual making of Hard Time?

Ron Harpelle:   I stumbled onto Robert King while working on In Security, a film about barbed wire. I’m a historian who happens to make documentary films and what really interests me is how things we see as a part of everyday life have evolved and shaped the society we live in. My film about barbed wire shows how a simple 19th century innovation in agriculture became a means of restraining the movements of people and a universal symbol of oppression.

Barbed wire is also known as the “Devil’s Rope” and my objective was to make a film that would leave audiences thinking about the barbarism that surrounds us all the time. The film consists of a series of vignettes about barbed wire that tie the stories of dispossession, suffering and punishment together, and it is dedicated to the Angola 3. In Security covers a little more than a century of history and it ends in the Louisiana State Penitentiary, aka Angola.

I contacted the prison authorities and asked if I could somehow be allowed to film in the prison. To my surprise, they wrote back immediately and welcomed me to tour the facility. This was my first time in a prison and I knew that for the purposes of my film I had hit the jackpot. I had already filmed in the West Bank, which is a big prison, and in South Africa, where they produce a razor wire with a fish hook blade that is designed to cut and catch. What I needed was something that brought the film to a conclusion and Angola is the most spectacular example of barbed wire. This is when I started to read the history of corrections in Louisiana and of Angola.

I soon discovered Robert King living in Austin and I made arrangements to meet him when I was in town on my way to film a segment of In Security at the border wall in Brownsville. I’m not sure what he thought about me, a Canadian interested in razor wire, but I really had no idea what sort of man King would be. I don’t know what I expected other than someone who would be able to tell the film’s viewers what it was like to be locked up in a prison for such a long time.

When I knocked on his door I was greeted by a mild mannered man living in a small house decorated with Panther paraphernalia in every corner. I had read his book and searched the internet for information about him and the A3. I really couldn’t believe my luck at finding a subject like Robert King and I only hoped that he would be a good interview. In my mind I was arriving to ask a wise man to share his thoughts with me and I quickly cut to the chase by asking him to tell me about barbed wire. That’s when King told me he couldn’t help me with my film because, he said, “Where they kept me it was nothing but steel bars and concrete.” That was the moment I realized that another film, a sort of sequel to In Security, would have to be made. Robert King didn’t make it into In Security, but he also didn’t end up on the cutting room floor.

Like most people, I had never given solitary confinement more than a passing thought. I knew it existed and I knew about injustice and cruelty in the penal system, but I had never been obliged to think about it. I had also never had the privilege of meeting someone like Robert King. During that first meeting I asked him all the questions people who first meet him ask and I got the answers he usually gives. Like all those answers that I have now heard so many times, he was sincere and insightful and as always, it was as though he was being asked the questions for the first time.

I had never met a Black Panther either. They weren’t big in Canada and by the time I became politically aware, they were a thing of the past. I’m too young to remember the summer of ‘68, but there were a lot of draft dodgers and other leftists in our universities, so I read many of the books that Herman Wallace, Albert Woodfox and King read in prison. I was, therefore, taken with King’s politics and fascinated by the story of his radicalization. I saw that King has a loyal network of committed people around him who support the A3 cause. In him I saw an opportunity to make another film, this time about the life of a remarkable man.

The result is a film called Hard Time. I didn’t have much of a budget for the film but I knew it was one that had to be made. Anyone who follows the news about the A3 knows that Robert King is a moving target. I work with my wife and together we stalked King for about a year whenever our paths came close to each other. In this way I met several of the people who are closest to King and I interviewed some of them. But in the end, the film is just about King and it is his story punctuated with archival footage and photographs.

Filmmaking is a cooperative venture and Robert King was a cooperative subject. When the film started to come together I sent a copy to King and he told me after viewing the rough cut that it was “impactive.”

I see it as a film that can take King’s story to all the places he can’t go himself. I do not make films that confirm what people already know, so I made Hard Time to help explain the history of civil rights and the Black Panthers to new audiences. Robert King is the thread that runs through this history.

A3N:   Could you say more about your time spent with King?

RH:   I wouldn’t spend time with him if he wasn’t a pleasure to be around. When we first met he would often say things like “I’ve had a lot of time to think about that.” He doesn’t say that to me so much anymore because our conversations have changed. I no longer ask many personal questions about him. Instead, we talk about issues and like anyone who has had a lot of time to think about things, and his responses are thoughtful and referenced. King is easy going but he is a man who is making up for lost time and he has both a political consciousness and a cause. I now spend lots of time thinking about what King says and trying to answer his questions.

When I last spent time with King he had just come from the American Association for the Advancement of Science conference in Chicago where he was on a panel about the long-term effect of solitary confinement. I joked with King that he was not exactly the best example of all the damage solitary has on a human being. There is no escaping the fact that for three decades he was the subject of cruel and unusual punishment, but his spirit is such that he gets up every morning with the drive to change the world. This is a remarkable statement about King’s personality and humanism.

A3N:    Looking at the Angola 3 case, and more specifically the continuation of Albert Woodfox’s nearly 42 years in solitary despite his conviction having been overturned for a third time last year, what do you think motivates Louisiana authorities? Is it to be vengeful as Amnesty International argues?

RH:    Vengeance is one thing that motivates some, but it is the system that permits the Louisiana authorities to act in the way they have.

When I visited Angola I was shown around by a man who was doing his job, just like all the other people working there who are doing their jobs. I was shocked when he told me that the only educational program offered in Angola is a religious program that enables prisoners to become preachers. Evidence of the success of this program are the numerous churches that have been built on the prison. I was told that it would be a waste of money to provide any other kind of education to the 5200 men in the prison because most were going to die in Angola and would never be able to use their education.

However, there is some training because everybody except those in solitary work until they die and the prison turns a profit by selling commercial crops and manufacturing things like license plates. It also turns a profit by holding two rodeos per year where several thousand people from the outside go to watch men who did not grow up on a ranch risk their lives in an attempt to win a bit of money. The prisoners work off the cost of incarceration in the fields and factories run by prison industries at a rate of 4 to 20 cents an hour. We speak of slave wages, but even slaves had more freedom than the men in Angola.

The US is one of the most affluent societies in world history and it seems to me that since most of the men and women who end up in prison are poor people, a better use of their time in prison would be to provide them with an education and programs that would allow them to work off the negative effects of being, as King puts it, from the “bottom of the heap.” The authorities are merely products of a system that relies on convict labor.

It is also not just the A3 and Albert Woodfox who are victims of the system. They just released Glenn Ford, a man who spent 30 years on death row in Angola for a crime he did not commit. Albert remains in prison as the last of the A3 to be in solitary but there are 80,000 other men and women in 6 by 9 cells across the United States. I’m sure that some of these people are a danger to themselves or to others, but keeping tens of thousands of people in cages is the sign of a society that is in real trouble.

A3N:   What about Albert and the A3 do you think LA authorities have viewed as the biggest threat?

RH:   The A3 are a threat because they challenged the system and their case can change the system.

I use the present tense because I was with King in New Orleans to show Hard Time and after the film a man stood up and said: “You maybe don’t remember me, but 35 years ago I was in CCR with Herman, Albert and you, and you saved my life. I spent three years in solitary and you taught me how to survive. When I got out of solitary I turned my anger into something positive, I did my time, and I am here today to thank you.” I should also add that there were maybe 30 men in the room and judging from what I heard, as a group they had spent a total of about 600 years in Angola. That’s 600 years of labor, 600 years of suffering, 600 years of lost opportunity for humanity.

Albert’s 42 years are easy to focus on, but there are 2.5 million men and women in prison in the United States on any given day. Every year that’s 2.5 million years of contributions to society that are lost. Not all of these people can contribute more than they cost society, but most of them can and it is incumbent on the authorities in Louisiana and elsewhere to see them as more than just an alternative to slave labor.

A3N:    What message do you hope that viewers of Hard Time will walk away with after seeing your film?

RH:    The message of hope is, as King says, “just put one foot in front of the other and you will get there.” That’s what the struggle for human rights and social justice is.

I think that when viewers meet Robert King and find out how he overcame the most incredible obstacles to become the man he is, they can look around at their own situation and see how many options there really are that will allow them to make a better life for themselves and for all the rest of us. There is a message of hope in his story and it is for anyone who dreams of a better future and is willing to pitch in to make it happen.

I think that most people who see the film or, better yet, meet King, come away with admiration and inspiration. This is the King effect. How can anyone really complain about their lot in life after hearing about what Robert King endured, how he succeeded in conquering a mountain of injustice and how he now spends just about every waking moment working to benefit those left behind and all those victims of injustice somewhere in the world that he will never know?

Hard Time is a story about a man who is making a difference.

A3N:    As you have interacted with the audience at recent screenings in Montreal, Toronto, and beyond, how has Hard Time been received?

RH:    It is a strange thing to have the subject of your film with you and ready to answer questions after the screening. They never line up to talk to me, but they certainly line up to meet King. He must be tagged in hundreds of photos on Facebook and I’ve seen blogs and other post-screening media that illustrate the power of his presence and message.

Let’s also remember that there is a difference in Canada. Most of the members of the audience are either West Indians or Africans, or their Canadian offspring. Canada was not a prime destination for slaves and our immigration laws only opened up in the 1950s. The Underground Railroad brought more runaway slaves to Canada than slavery brought slaves. Our racism is focused differently.

Our host for the events in both Toronto and Montreal was a prominent Haitian woman and Haitians freed themselves from slavery in 1804. What this means is that the majority of the people in the audience had lived experiences that are very different from those of Robert King. Their reality in a city like Toronto or Montreal is different from that of people living in places like Louisiana. These are people with their own civil rights heroes but they can identify with the themes and stories in Hard Time.

Another side of this is the Montreal media experience. Robert King was featured in the most important newspapers and on a television show called Tout le monde en parle. The title means “everyone is talking about it,” and his 15 minute interview was alongside leading Quebec celebrities, including Justin Trudeau, a man who may well be our next Prime Minister. This was the royal treatment in a province that hates royalty. They even cracked open a bottle of wine,  toasted King on national television and gave him a standing ovation. Over a million viewers heard him answer questions and thousands more watched it online.

King was also a guest on the Prison Radio Show at McGill University and a few other media outlets. Not only that, but the Montreal screening was introduced by the U.S. Consul General to Montreal.

All of this media attention adds up in the internet universe and helps draw attention to Albert Woodfox and the system that puts millions of people behind bars.

A3N:    In Hard Time, King reflects on the early formation of his political consciousness leading up to joining the Black Panther Party: “After getting 35 years…I began to feel that I owed no more obligation to the system… I had no moral obligation to a system that was designed to oppress and to oppress certain people…I began to look at that which was legal and that which was moral….Slavery was legal but just because it was legal did not mean that it was morally right.” 

As a filmmaker, how do you think films and other forms of activist-oriented media can be used to affect similar changes in people’s consciousness, like the metamorphosis described by King? Did you style your film in any particular way, so as to affect this type of consciousness change in the audience?

RH:    I like to think that I make films for people who are between about 15 and 25. This is because I believe that this age group is the near future and they are still young enough to be open to new ideas.

I have been an activist for some time, but it was only when I started making films that I was able to see the kind of impact the medium can have. This is because films do not require effort on the part of the viewers, but, if the viewer is open to new ideas, they penetrate like no other medium.

Hard Time begins with some basic information about Robert King and the Angola 3 and ends with some statistics about incarceration in the United States. Connecting this basic information is a history lesson told by Robert King. His way of speaking combined with the archival footage and images I was able to find tell a compelling tale of the 1960s and the rise of Black Power. We do hear a bit about the brutality of prison, but this is mainly left to the imagination of the viewer because Hard Time is meant to be an inspirational film.

All of this is presented in a subtle manner so that the film can get under the radar of the censors who keep ideas out of schools and away from the young people I want to reach.

A3N:    Any closing thoughts?

RH:    The film is available for free online but I hope that people will not watch it alone. It is important that individuals come together to discuss Robert King’s story.

There are all sorts of lessons that can be learned and all sorts of possibilities for people to take collective action to make a change in our world. This film can and should be used to engage people in the A3 case and injustices everywhere.

There is so much that needs to be done in so many communities. This is what Robert King learned while in prison and it is the lesson he shares with the world.

–Angola 3 News is a project of the International Coalition to Free the Angola 3. Our website is www.angola3news.com where we provide the latest news about the Angola 3. We are also creating our own media projects, which spotlight the issues central to the story of the Angola 3, like racism, repression, prisons, human rights, solitary confinement as torture, and more.

A3 Newsletter: Teenie Believes Me

RELATED:  Two lessons the USA must learn from Glenn Ford, by Tessa Murphy of Amnesty International  II  CCR: Speak Out Against Discriminatory Federal Prison UnitsAngola 3 Newsletter, March 4, 2014: “This Needs to Stop…”(PHOTO: Teenie R…

A3 Newsletter: One Year Later: Albert Woodfox is still not convicted or released

One year ago today, supporters of Albert Woodfox were elated when Judge Brady’s ruling on Albert’s criminal case was announced.  It was a THIRD overturning of his conviction!

How can it be possible that an innocent man, who now stands unconvicted in the eyes of the law, remains locked in a solitary cage while he waits for the State’s endless appeal efforts to play out?  How many more appeals, how many courts will it take for the State to finally recognize that they’ve done enough to this man? 

There are oceans of press – firsthand accounts, testimony, scientific reports, documentaries, videos, songs – all establishing the senseless torture that is solitary confinement in the U.S. today.  We are heartened by the significant solitary reforms agreed to by NY state this week and the Colorado guard who just publicly committed to eliminating solitary in Colorado. Yesterday’s second set of hearings called by U.S. Senator Dick Durbin on solitary confinement were better attended with more spirited commentary than the first hearing last year (A written statement jointly submitted to yesterday’s hearing by Robert King and Albert Woodfox is reprinted below).  We see a major shift occurring in the perception and use of solitary in this country. You can watch video footage of the hearings at CSPAN.

Across the country in California a prisoner who has spent more than 42 years in solitary, Hugo Pinell, was recently moved to another facility where he has greater access to visits and a promise of eventual transfer out of solitary. On the East Coast, the long time struggle to move Pennsylvania prisoner Russell Maroon Shoatz out of solitary succeeded just last week.  State by state, correctional departments are reviewing this punishment modality that has raised such an outcry and are making changes.  We can only pray that the State of Louisiana will join the rest of the country in recognizing that solitary confinement should be abolished, and begin by opening the gates for Albert.

Robert King Tours US & Canada to Speak Out for Albert Woodfox and Against Solitary Confinement

(PHOTO: Robert King and filmmaker Ron Harpelle w/ Kathleen Cleaver at the Montreal Black Film Festival on February 21, 2014. View more photos, including from Toronto’s Black Film Festival here.)

As announced in our last newsletter, the Angola 3’s Robert King has been traveling in the US, speaking in Chicago about solitary confinement at the annual meeting of the American Association for the Advancement of Science, and in Canada alongside screenings of the film Hard Time. Featured below is a compilation of media coverage.

American Association for the Advancement of Science

BBC News: Scientists call solitary confinement ‘damaging and unnecessary’  II  Japan Times / AFP: In prisons, solitary takes toll on minds  II  VIDEO: Science Magazine Live Chat w/ Robert King; Is Solitary Confinement Torture?  II  CNN: 29 Years in a Box

Hard Time Screenings in Montreal and Toronto, Canada

Tout Le Monde En Parle  II  Interview by Canadian Prison Radio Show  II  Morning News Montreal Televison Interview  II  La Presse: En croisade contre le milieu carcéral américain  II  Montreal Gazette Interview  II  Le Devoir: 29 ans d’isolement en prison

Angola Three: 42 Years of Solitary, 42 Years of Cruel and Unusual Punishment  
–A statement submitted for the February 25 Congressional hearing on the use of solitary confinement in US prisons

Dear Chairman Durbin and Ranking Member Cruz:

My name is Robert Hillary King.  I spent 29 years in solitary before I was freed in 2001 after proving my innocence.  Since then I have worked tirelessly speaking and traveling around the world  to raise awareness about prison conditions in the US, and to bring attention to the remaining member of the Angola 3-Albert Woodfox-who is still behind solitary bars in Louisiana after nearly 42 years  actively fighting to prove his innocence in federal court.  

Albert Woodfox’s murder conviction was overturned for a 3rd time  in February of last year, and for a third time, the State of Louisiana appealed.  As Woodfox, now 67, prepares to enter his 42nd year in solitary confinement, he continues to maintain his innocence. 

The third member of the Angola 3, Herman Wallace, was released  last October from 41 years of solitary confinement after his conviction was overturned,  but died 3 days later of advanced liver cancer at the age of 72.  A group of U.S. Congressmen saw fit to mark his passing by entering a tribute to Wallace into the Congressional record, describing him as a “champion for justice and human rights.”

Many people ask me to describe my nearly 3 decades in solitary. Here is an excerpt from my autobiography where I attempted to put these experiences into words:

“Solitary confinement is terrifying, especially if you are innocent of the charges that put you there.  It evokes a lot of emotion.  It was a nightmare.  My soul still cries from all I witnessed and endured.  It mourns continuously.  Through the course of my confinement I saw men so desperate that they ripped prison doors apart and both starved and mutilated themselves.  It takes every scrap of humanity to stay focused and sane in that environment.  The pain and suffering are everywhere, constantly with you.  There’s no describing the day to day assault on your body and your mind and the feelings of hopelessness and despair.”

Over a decade ago Herman, Albert and I filed a landmark civil lawsuit challenging the inhumane and increasingly pervasive practice of long-term solitary confinement.   Magistrate Judge Dalby describes our almost four decades of solitary as “durations so far beyond the pale” she could not find “anything even remotely comparable in the annals of American jurisprudence.”   The case, scheduled for trial in June 2014, will detail decades of unconstitutionally cruel and unusual treatment (in violation of 1st, 4th, 8th, 13th and 14th Amendment rights) and systematic due process violations at the hands of Louisiana officials.

In July 2013 a group of US Congressmen issued a statement from the House Judiciary Committee calling on DOJ to investigate “the egregious and extensive use of solitary confinement and other troubling detention practices in various Louisiana prison facilities,”  alleging that the Louisiana Department of Corrections “has engaged in a pattern or practice of violations of the US Constitution and federal law in its use of such confinement and detention practices.”

Then in October, the United Nations Special Rapporteur on torture, Juan E. Méndez, called on the United States to immediately end the indefinite solitary confinement imposed on Albert Woodfox since 1972 saying “keeping Albert Woodfox in solitary confinement for more than four decades clearly amounts to torture and it should be lifted immediately.”

Although Albert has not had any disciplinary infractions in decades, and prison mental health records confirm that he is neither a danger to himself or others, he continues to be held in a 6×9 foot cell for 23, sometimes 24 hours a day.  He is only allowed to leave the cell if chained at the ankles, wrists and waist, under escort, for up to one hour a day if weather allows in a small outdoor cage by himself.

For decades he’s been denied meaningful review of his isolation status:

“The only reason given for maintaining the men under these conditions has been due to the “nature of the original reason for lockdown.”

Amnesty International is firm in its belief that conditions for the men in CCR – 23 hour cellular confinement in stark, tiny cells; limited access to books, newspapers and TV; no opportunities for mental stimulation, work and education; occasional [non-contact] visits from friends and family and limited telephone calls – amounts to cruel, inhuman and degrading treatment.” 

Amnesty goes on to detail the human rights violations involved in such extreme confinement:

“The USA has ratified the International Covenant on Civil and Political Rights, and the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, both of which prohibit torture or other ill-treatment. The relevant treaty monitoring bodies (the Human Rights Committee and the Committee Against Torture) have found that prolonged solitary confinement an amount to torture or other cruel, inhuman or degrading treatment.  Both bodies have expressed concern that the harsh conditions of long-term isolation in some US segregation facilities are incompatible with the USA’s treaty obligations. 

Amnesty International believes their findings are particularly significant in the case of Albert Woodfox and Herman Wallace given that few, if any, other prisoners have spent so long in solitary confinement in recent times.

Their treatment also contravenes the UN Standard Minimum Rules for the Treatment of Prisoners. These and other relevant standards emphasize the importance of providing work and educational, recreational, religious and cultural activities for prisoners’ mental and physical wellbeing, as well as to prepare individuals for reintegration into society.”

We respectfully submit this statement with the hopes that you can use your legislative powers to put an end to long term solitary confinement.  Without uniform standards of the infractions serious enough to merit placement; a meaningful review process with outside oversight; and a grievance process, opportunities for socialization and education, and a clear written timeline and detailed action plan for the inmate’s release; this form of punishment serves no punitive or reformative purpose.  In our view it is the very definition of cruel and unusual punishment as defined by the Constitution. 

We believe that only by openly examining the failures and inequities of the criminal justice system in America can we restore integrity to that system.  We are grateful for your efforts to do just that today.

Sincerely,
The 2 Surviving Members of “The Angola 3”
Robert King and Albert Woodfox


Keep in Touch with Albert:

Albert Woodfox #72148            
David Wade Correctional Center        
N1 A3                                                      
670 Bell Hill Road                                    
Homer, LA  71040                                  

A3 Newsletter: One Year Later: Albert Woodfox is still not convicted or released

One year ago today, supporters of Albert Woodfox were elated when Judge Brady’s ruling on Albert’s criminal case was announced.  It was a THIRD overturning of his conviction!

How can it be possible that an innocent man, who now stands unconvicted in the eyes of the law, remains locked in a solitary cage while he waits for the State’s endless appeal efforts to play out?  How many more appeals, how many courts will it take for the State to finally recognize that they’ve done enough to this man? 

There are oceans of press – firsthand accounts, testimony, scientific reports, documentaries, videos, songs – all establishing the senseless torture that is solitary confinement in the U.S. today.  We are heartened by the significant solitary reforms agreed to by NY state this week and the Colorado guard who just publicly committed to eliminating solitary in Colorado. Yesterday’s second set of hearings called by U.S. Senator Dick Durbin on solitary confinement were better attended with more spirited commentary than the first hearing last year (A written statement jointly submitted to yesterday’s hearing by Robert King and Albert Woodfox is reprinted below).  We see a major shift occurring in the perception and use of solitary in this country. You can watch video footage of the hearings at CSPAN.

Across the country in California a prisoner who has spent more than 42 years in solitary, Hugo Pinell, was recently moved to another facility where he has greater access to visits and a promise of eventual transfer out of solitary. On the East Coast, the long time struggle to move Pennsylvania prisoner Russell Maroon Shoatz out of solitary succeeded just last week.  State by state, correctional departments are reviewing this punishment modality that has raised such an outcry and are making changes.  We can only pray that the State of Louisiana will join the rest of the country in recognizing that solitary confinement should be abolished, and begin by opening the gates for Albert.

Robert King Tours US & Canada to Speak Out for Albert Woodfox and Against Solitary Confinement

(PHOTO: Robert King and filmmaker Ron Harpelle w/ Kathleen Cleaver at the Montreal Black Film Festival on February 21, 2014. View more photos, including from Toronto’s Black Film Festival here.)

As announced in our last newsletter, the Angola 3’s Robert King has been traveling in the US, speaking in Chicago about solitary confinement at the annual meeting of the American Association for the Advancement of Science, and in Canada alongside screenings of the film Hard Time. Featured below is a compilation of media coverage.

American Association for the Advancement of Science

BBC News: Scientists call solitary confinement ‘damaging and unnecessary’  II  Japan Times / AFP: In prisons, solitary takes toll on minds  II  VIDEO: Science Magazine Live Chat w/ Robert King; Is Solitary Confinement Torture?  II  CNN: 29 Years in a Box

Hard Time Screenings in Montreal and Toronto, Canada

Tout Le Monde En Parle  II  Interview by Canadian Prison Radio Show  II  Morning News Montreal Televison Interview  II  La Presse: En croisade contre le milieu carcéral américain  II  Montreal Gazette Interview  II  Le Devoir: 29 ans d’isolement en prison

Angola Three: 42 Years of Solitary, 42 Years of Cruel and Unusual Punishment  
–A statement submitted for the February 25 Congressional hearing on the use of solitary confinement in US prisons

Dear Chairman Durbin and Ranking Member Cruz:

My name is Robert Hillary King.  I spent 29 years in solitary before I was freed in 2001 after proving my innocence.  Since then I have worked tirelessly speaking and traveling around the world  to raise awareness about prison conditions in the US, and to bring attention to the remaining member of the Angola 3-Albert Woodfox-who is still behind solitary bars in Louisiana after nearly 42 years  actively fighting to prove his innocence in federal court.  

Albert Woodfox’s murder conviction was overturned for a 3rd time  in February of last year, and for a third time, the State of Louisiana appealed.  As Woodfox, now 67, prepares to enter his 42nd year in solitary confinement, he continues to maintain his innocence. 

The third member of the Angola 3, Herman Wallace, was released  last October from 41 years of solitary confinement after his conviction was overturned,  but died 3 days later of advanced liver cancer at the age of 72.  A group of U.S. Congressmen saw fit to mark his passing by entering a tribute to Wallace into the Congressional record, describing him as a “champion for justice and human rights.”

Many people ask me to describe my nearly 3 decades in solitary. Here is an excerpt from my autobiography where I attempted to put these experiences into words:

“Solitary confinement is terrifying, especially if you are innocent of the charges that put you there.  It evokes a lot of emotion.  It was a nightmare.  My soul still cries from all I witnessed and endured.  It mourns continuously.  Through the course of my confinement I saw men so desperate that they ripped prison doors apart and both starved and mutilated themselves.  It takes every scrap of humanity to stay focused and sane in that environment.  The pain and suffering are everywhere, constantly with you.  There’s no describing the day to day assault on your body and your mind and the feelings of hopelessness and despair.”

Over a decade ago Herman, Albert and I filed a landmark civil lawsuit challenging the inhumane and increasingly pervasive practice of long-term solitary confinement.   Magistrate Judge Dalby describes our almost four decades of solitary as “durations so far beyond the pale” she could not find “anything even remotely comparable in the annals of American jurisprudence.”   The case, scheduled for trial in June 2014, will detail decades of unconstitutionally cruel and unusual treatment (in violation of 1st, 4th, 8th, 13th and 14th Amendment rights) and systematic due process violations at the hands of Louisiana officials.

In July 2013 a group of US Congressmen issued a statement from the House Judiciary Committee calling on DOJ to investigate “the egregious and extensive use of solitary confinement and other troubling detention practices in various Louisiana prison facilities,”  alleging that the Louisiana Department of Corrections “has engaged in a pattern or practice of violations of the US Constitution and federal law in its use of such confinement and detention practices.”

Then in October, the United Nations Special Rapporteur on torture, Juan E. Méndez, called on the United States to immediately end the indefinite solitary confinement imposed on Albert Woodfox since 1972 saying “keeping Albert Woodfox in solitary confinement for more than four decades clearly amounts to torture and it should be lifted immediately.”

Although Albert has not had any disciplinary infractions in decades, and prison mental health records confirm that he is neither a danger to himself or others, he continues to be held in a 6×9 foot cell for 23, sometimes 24 hours a day.  He is only allowed to leave the cell if chained at the ankles, wrists and waist, under escort, for up to one hour a day if weather allows in a small outdoor cage by himself.

For decades he’s been denied meaningful review of his isolation status:

“The only reason given for maintaining the men under these conditions has been due to the “nature of the original reason for lockdown.”

Amnesty International is firm in its belief that conditions for the men in CCR – 23 hour cellular confinement in stark, tiny cells; limited access to books, newspapers and TV; no opportunities for mental stimulation, work and education; occasional [non-contact] visits from friends and family and limited telephone calls – amounts to cruel, inhuman and degrading treatment.” 

Amnesty goes on to detail the human rights violations involved in such extreme confinement:

“The USA has ratified the International Covenant on Civil and Political Rights, and the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, both of which prohibit torture or other ill-treatment. The relevant treaty monitoring bodies (the Human Rights Committee and the Committee Against Torture) have found that prolonged solitary confinement an amount to torture or other cruel, inhuman or degrading treatment.  Both bodies have expressed concern that the harsh conditions of long-term isolation in some US segregation facilities are incompatible with the USA’s treaty obligations. 

Amnesty International believes their findings are particularly significant in the case of Albert Woodfox and Herman Wallace given that few, if any, other prisoners have spent so long in solitary confinement in recent times.

Their treatment also contravenes the UN Standard Minimum Rules for the Treatment of Prisoners. These and other relevant standards emphasize the importance of providing work and educational, recreational, religious and cultural activities for prisoners’ mental and physical wellbeing, as well as to prepare individuals for reintegration into society.”

We respectfully submit this statement with the hopes that you can use your legislative powers to put an end to long term solitary confinement.  Without uniform standards of the infractions serious enough to merit placement; a meaningful review process with outside oversight; and a grievance process, opportunities for socialization and education, and a clear written timeline and detailed action plan for the inmate’s release; this form of punishment serves no punitive or reformative purpose.  In our view it is the very definition of cruel and unusual punishment as defined by the Constitution. 

We believe that only by openly examining the failures and inequities of the criminal justice system in America can we restore integrity to that system.  We are grateful for your efforts to do just that today.

Sincerely,
The 2 Surviving Members of “The Angola 3”
Robert King and Albert Woodfox


Keep in Touch with Albert:

Albert Woodfox #72148            
David Wade Correctional Center        
N1 A3                                                      
670 Bell Hill Road                                    
Homer, LA  71040                                  

Robert King in Canada for Hard Time screenings: Photos and Media Coverage

ROBERT KING IN THE NEWS:  Tout Le Monde En Parle  II  Interview by Canadian Prison Radio Show  II  Morning News Montreal Televison Interview  II  La Presse: En croisade contre le milieu carcéral américain  II  Montreal Gazette Interview  II  Le Devoir: 29 ans d’isolement en prison  II  BBC News: Scientists call solitary confinement ‘damaging and unnecessary’  II  Japan Times / AFP: In prisons, solitary takes toll on minds  II  VIDEO: Science Magazine Live Chat w/ Robert King; Is Solitary Confinement Torture?  II  CNN: 29 Years in a Box  

(PHOTO: Robert King w/ filmmaker Ron Harpelle at the Toronto Black Film Festival. View more photos below.)

(PHOTO: Robert King and Ron Harpelle w/ Kathleen Cleaver at the Montreal Black Film Festival.)

As announced in our last newsletter, the Angola 3’s Robert King has been traveling in the US, speaking in Chicago about solitary confinement at the annual meeting of the American Association for the Advancement of Science, and in Canada alongside screenings of the film Hard Time.

Three videos are embedded below. First is the original trailer for Hard Time. Second is an additional teaser of Hard Time, with French captions. Third is the full length version of Ron Harpelle’s earlier film, which he says led him to Robert King and Hard Time, entitled In Security, with footage from Angola Prison in Louisiana.

Hard Time – promo from Shebafilms Kelly Saxberg on Vimeo.

Temps dur promo from Shebafilms Kelly Saxberg on Vimeo.

In Security from Shebafilms Kelly Saxberg on Vimeo.

Featured below are photos from King’s appearance at the Toronto Black Film Festival, first published on the Facebook pages of Hard Time and the Toronto Film Festival.

Below are some photos from Robert King’s appearance at Fade to Black, the Black Film Festival in Montreal. View all of the photos here.

Letter to US DOJ by Reps. Richmond, Conyers, Nadler, and Scott Calls for Investigation into Louisiana Prisons; Cites Angola 3

RELATED:  Times Picayune article II  Solitary Watch article
 
Below is the full text of the letter to the US Department of Justice and the accompanying press release issued today (view a PDF of the original letter).


For Immediate Release
Date: Friday, July 12, 2013
Contact: Andrew Schreiber (Conyers) – 202-225-6906
John Doty (Nadler) – 202-225-5635
David Dailey (Scott) – 202-225-8351
Monique Waters (Richmond) – 202-225-6636

           
Reps. Richmond, Conyers, Nadler, and Scott Lead Letter Calling for Investigation into Several Louisiana Prison Facilities

(WASHINGTON) – Today, Congressman John Conyers, Jr. (D-Mich.), Ranking Member of the full U.S. House Judiciary Committee, Congressman Jerrold Nadler (D-N.Y.), Ranking Member of the Subcommittee on the Constitution and Civil Justice, Congressman Robert C. “Bobby” Scott (D-Va.), Ranking Member of the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, and Congressman Cedric Richmond (D-La.) sent a letter to the Department of Justice’s Assistant Attorney General for Civil Rights Thomas Perez calling for investigations into the alarming conditions in several Louisiana state prison facilities. Specifically, the Members expressed deep concern that the Louisiana Department of Corrections has, “engaged in a pattern or practice of violations of the United States Constitution and federal law in its use of such confinement and detention practices.” In the letter the Representatives urge the Attorney General to begin an investigation into the use of solitary confinement, and other troubling detention practices, in numerous Louisiana prison facilities, especially in the Louisiana State Penitentiary at Angola, Louisiana.

The full version of the letter transmitted to the Department of Justice can be found below:


July 12, 2013





Honorable Thomas E. Perez
Assistant Attorney General for Civil Rights
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530

Dear Assistant Attorney General Perez:

Under the authority granted to the Attorney General pursuant to the Civil Rights of Institutionalized Prisoners Act (“CRIPA”), 42 U.S.C. § 1997, we urge you to begin an in depth investigation into the egregious and extensive use of solitary confinement and other troubling detention practices in various Louisiana prison facilities, especially the Louisiana State Penitentiary at Angola, Louisiana (“Angola”).  We have reason to believe that the Louisiana Department of Corrections (“Louisiana DOC”) has engaged in a pattern or practice of violations of the United States Constitution and federal law in its use of such confinement and detention practices. We believe that an investigation of conditions at Angola and other facilities under the control of the Louisiana DOC could yield evidence of knowing violations of the 14th Amendment Due Process Clause, the 8th Amendment Cruel and Unusual Punishments Clause, as well as numerous additional violations of prisoners’ statutory and constitutional rights.  

The Louisiana DOC has an abysmal history of protecting the rights of its prisoners, and the tragic story of the Angola 3 is a case in point.  Herman Wallace and Albert Woodfox were charged with murder and convicted with evidence that has been called into question by numerous courts and stakeholders, including the victim’s wife. Another inmate, Robert King, was also subjected to decades of isolation after a wrongful conviction. His conviction was overturned and he was released in 2002.  Although held in isolation for being a purported threat to prison security, since his release he has toured the world speaking about his ordeal in isolation, and he was recently awarded an honorary Ph.D. from Cambridge University in England.  

Since their convictions (which are currently under review in federal court), Woodfox and Wallace have endured over four decades of isolation.  This is an unprecedented period of time by any standard, and quite possibly the longest any person has spent in solitary confinement worldwide.  Within the last five years, Woodfox and Wallace have been transferred from Angola to other facilities in the Louisiana prison system, including the David Wade Correctional Center (“Wade”) and the Evalyn Hunt Correctional Center (“Hunt”), where we understand the very same complained-of constitutional and statutory violations have been perpetuated.  We understand that upon their transfers, brand new Closed Cell Restricted (“CCR”) tiers were created at these facilities, and additional inmates are now also confined on these tiers.  We have reason to believe that, as at Angola, many of the inmates housed in the CCR tiers of Hunt and Wade suffer from mental health and other serious illnesses.  Woodfox and Wallace continue to be held apart from the general prison population, to the detriment of their mental and physical health.

Indeed, after years of what we have been informed was sub-standard medical care, Herman Wallace was diagnosed just weeks ago with liver cancer.  We have heard that he lost over 50 pounds within 6 months.  Despite that dramatic weight loss, and at 72 years old, the prison did nothing to treat or diagnose him until he was sent to an emergency room on June 14.   Given the late stage of his diagnosis, his treatment options are now limited.  He is frail and ill, but is still being treated as if he is a threat to security, and we hear that he remains under lockdown conditions. This is unconscionable.

We also have reason to believe that at the Wade facility, 68-year-old Woodfox, and all CCR inmates there, are being subjected to daily strip searches whenever they enter or exit their cells, even when there is no basis or reasonable suspicion that they might be in possession of contraband.  We have been told that even when Woodfox is removed from his cell to go to the exercise yard, where he is being kept under surveillance of guards and apart from any other inmates or prison visitors, he is strip searched when he leaves his cell and upon return.  

Moreover, we have reason to believe that the Louisiana DOC continues to knowingly engage in behavior that violates the due process rights of inmates held in solitary confinement.  The requirements of the 14th Amendment Due Process Clause call for periodic, meaningful hearings on the question of whether a prisoner should be held for continued closed cell restriction.  Yet, we are told that in many Louisiana DOC facilities, officials orchestrate sham 90-day reviews that take no consideration of a prisoner’s conduct while he was in solitary or the prisoner’s state of mind, and do not attempt to determine, by any defined standard, whether the prisoner should be released to a less restrictive cellblock or dormitory.  We have been informed that there may be more than 100 inmates who have been subjected to these fictitious reviews.

In addition to the above-detailed due process violations, this use of prolonged isolation over a period of 40 years at Angola and other Louisiana DOC facilities is indicative of cruel and unusual punishment, and its blatant and persistent use suggests that this practice is pervasive and not confined to the Angola 3. We have reason to believe that there are other inmates who have received less attention from the press who have also been subject to such onerous, punitive periods of isolation.

We do not allege these apparently unconstitutional patterns and practices lightly. Over the past 6 years we have engaged officials, inmates and stakeholders in conversations about conditions at the prison, and most of what we have heard is alarming.  Recently, lawyers representing inmates on Angola’s death row filed suit in federal court alleging that the conditions of confinement there are inhumane because the tiers are not air-conditioned, and the heat index goes as high as 195 degrees Fahrenheit in summer months.  On July 2, 2013, Chief U.S. District Court Judge Brian Jackson in the Middle District of Louisiana issued an order in that case directing that temperature data be collected for 21 straight days in advance of an evidentiary hearing set for August 5.  Just as with the death row at Angola, the CCR tiers at Angola, Wade and Hunt have no air-conditioning in the scorching Louisiana summer heat.

Finally, we have reason to believe that Louisiana DOC employees have colluded with persons from the Office of the Louisiana Attorney General to fabricate violations of prison rules to unjustifiably punish inmates. Significant issues also exist related to prisoners’ personal safety, unhealthy environmental conditions, inhumane sanitary conditions and excessive use of force by prison staff.  We have been told that e-mails between the Louisiana Attorney General’s office and Louisiana DOC employees document that, in the Fall of 2008, staff of the Attorney General’s office and Angola prison “joined forces,” as a February 10, 2010 Order of the federal District Court describes it, to search a year’s-worth of Wallace and Woodfox’s recorded phone calls for “‘sufficient justification for stiff disciplinary action.’”  Wilkerson v. Stalder, No. 00-304 (M.D.La.) (Doc. No. 374 at 9, 10).  This search coincided with proceedings related to Woodfox’s motion for bail after he was granted habeas relief by the federal District Court which was later overturned by a split Fifth Circuit panel.  We are told that as a result of their efforts to find pretextual disciplinary violations—which involved staff of the Attorney General’s office requesting and listening to privileged attorney-client calls—Wallace and Woodfox were written up for phone call violations; sentenced to a removal from the dormitory setting where they had peacefully resided for eight months; and placed back into isolation, where they remain today.    

In this day and age, the federal government simply cannot abide unconstitutional behavior of this magnitude from those who run corrections facilities. It simply cannot be that in this country, a state can subject men to inhumane solitary confinement conditions, for decades on end, with no standards for the review procedures in place to ensure that such profoundly harsh confinement is justified, without intervention by our federal government.  As the Supreme Court found in Brown v. Plata, “prisoners retain the essence of human dignity inherent in all persons.”  

In this spirit, we ask that the Civil Rights Division’s Special Litigation Section use the Department’s statutory CRIPA authority to investigate and ultimately take all appropriate action to ensure that Louisiana’s prison system fully complies with the mandates of the Constitution and all applicable statutes.  The Division’s work in the Orleans Parish Prison and St. Tammany Parish Jail cases have sent a strong signal that the Department is serious about its obligation to protect the rights of institutionalized persons in the State of Louisiana.  The situation at Angola, especially the treatment of the Angola 3, is ripe for investigation and immediate action.  We look forward to your earliest response.


Sincerely,
 
Cedric L. Richmond, Member of Congress
John Conyers Jr., Member of Congress
Jerrold Nadler, Member of Congress
Robert C. “Bobby” Scott, Member of Congress




cc:

Roy Austin, Deputy Assistant Attorney General, Civil Rights Division, Department of Justice

Jocelyn Samuel, Principal Deputy Assistant Attorney General, Civil Rights Division, Department of Justice

Peter J. Kadzik, Principal Deputy Assistant Attorney General, Office of Legislative Affairs, Department of Justice

Jonathan M. Smith, Chief, Civil Rights Division, Special Litigation Section, Department of Justice

The Honorable Bob Goodlatte, Chairman, House Committee on the Judiciary